Indemnification Provisions for Benefit of the Buyer. In the event the Seller breaches any of its representations, warranties, and covenants contained herein and, if there is an applicable survival period pursuant to ss. 10 (a) above, provided that the Buyer makes a written claim for indemnification against the Seller pursuant to ss. 12(h) below within such survival period, then the Seller agrees to indemnify the Buyer from and against any Adverse Consequences the Buyer shall suffer through and after the date of the claim for indemnification caused by the breach; provided, however, that the Seller shall not have any obligation to indemnify the Buyer from and against any Adverse Consequences caused by the breach of any representation or warranty of the Seller contained in ss. 5 above (other than ss. 5(e), (t), and (u)): (A) until the Buyer has suffered Adverse Consequences by reason of all such breaches in excess of a $100,000 aggregate deductible (after which point the Seller will be obligated only to indemnify the Buyer from and against further such Adverse Consequences) or thereafter
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Indemnification Provisions for Benefit of the Buyer. In the event the Seller Company breaches any of its representations, warranties, and covenants contained herein herein, and, if there is an applicable survival period pursuant to ss. 10
(aSection 6(a) above, provided that the Buyer makes a written claim for indemnification against the Seller pursuant to ss. 12(h) below Company within such survival period, then the Seller Company agrees to indemnify the Buyer from and against the entirety of any Adverse Consequences the Buyer shall may suffer through and after the date of the claim for indemnification (including any Adverse Consequences the Buyer may suffer after the end of any applicable survival period) resulting from, arising out of, relating to, in the nature of, or caused by the breach; breach provided, however, that the Seller Company shall not have any obligation to indemnify the Buyer from and against any Adverse Consequences resulting from, arising out of, relating to, in the nature of, or caused by the breach of any representation or warranty of the Seller contained in ss. 5 above (Company other than ss. 5(e), (t), the Fundamental Representations and (u)): (A) Warranties until the Buyer has suffered Adverse Consequences by reason of all such breaches in excess of a $100,000 500,000 aggregate deductible (after threshold at which point the Seller Company will be obligated only to indemnify the Buyer from and against further all such Adverse Consequences) or thereafterConsequences in excess of a $175,000 aggregate deductible.
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Samples: Stock Purchase Agreement (Northland Cranberries Inc /Wi/)
Indemnification Provisions for Benefit of the Buyer. (i) In the event the Seller breaches any of its representations, warranties, warranties and covenants contained herein in ss. 4 above, and, if (but only if) there is an applicable survival period pursuant to ss. 10
(ass.8(a) above, provided that the Buyer makes a written claim for indemnification against the Seller pursuant to ss. 12(hss.9(g) below within such survival period, then the Seller agrees to indemnify the Buyer from and against any Adverse Consequences the Buyer shall suffer through and after the date of the claim for indemnification (but excluding any Adverse Consequences the Buyer shall suffer after the end of any applicable survival period) caused by the breach; provided, however, that the Seller shall not have any obligation to indemnify the Buyer from and against any Adverse Consequences caused by the breach of any representation or warranty of the Seller contained in ss. 5 above (other than ss. 5(e), (t), and (u)): ss.4 above: (A) until the Buyer has suffered Adverse Consequences by reason of all such breaches in excess of a $100,000 25,000.00 aggregate deductible (after which point the Seller will be obligated only to indemnify the Buyer from and against further such Adverse Consequences) or thereafterindemnify
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Samples: Stock Purchase Agreement (Cereus Technology Partners Inc)
Indemnification Provisions for Benefit of the Buyer. In the event the Seller breaches any of its representations, warranties, and covenants contained herein herein, and, if there is an applicable survival period pursuant to ss. 10
(aSection 7(a) above, provided that the Buyer makes a written claim for indemnification against the Seller pursuant to ss. 12(hSection 9(g) below within such survival period, then the Seller agrees to indemnify the Buyer from and against any Adverse Consequences the Buyer shall suffer through and after the date of the claim for indemnification (but excluding any Adverse Consequences the Buyer shall suffer after the end of any applicable survival period) caused proximately by the breach; provided, however, that the Seller shall not have any obligation to indemnify the Buyer from and against any Adverse Consequences caused by the breach of any representation or warranty or covenant of the Seller contained in ss. 5 Section 3 above (other than ss. 5(e), (t), and (u)): (A) until the Buyer has suffered Adverse Consequences by reason of all such breaches in excess of a $100,000 10,000 in the aggregate deductible (after at which point the Seller will be obligated only to indemnify the Buyer from and against further all such Adverse Consequences) or thereafter
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Indemnification Provisions for Benefit of the Buyer. In the event the Seller breaches any of its representations, warranties, and covenants contained herein herein, and, if there is an applicable survival period pursuant to ss. 10
(ass.8(a) above, provided that the Buyer makes a written claim for indemnification against the Seller pursuant to ss. 12(hss.10(g) below within such survival period, then the Seller agrees to indemnify the Buyer from and against any Adverse Consequences the Buyer shall suffer through and after the date of the claim for indemnification (but EXCLUDING any Adverse Consequences the Buyer shall suffer after the end of any applicable survival period) caused by the breach; providedPROVIDED, howeverHOWEVER, that the Seller shall not have any obligation to indemnify the Buyer from and against any Adverse Consequences caused by the breach of any representation or warranty or covenant of the Seller contained in ss. 5 above (other than ss. 5(e), (t), and (u)): ss.4 above: (A) until the Buyer has suffered Adverse Consequences by reason of all such breaches in excess of a $100,000 50,000.00 aggregate deductible (after which point the Seller will be obligated only to indemnify the Buyer from and against further such Adverse Consequences) or thereafter
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Indemnification Provisions for Benefit of the Buyer. (i) In the event the Seller breaches Sellers breach any of its their representations, warranties, and covenants contained herein in this Agreement, and, if there is an applicable survival period pursuant to ss. 10
(a) above, provided that the Buyer makes a written claim for indemnification against the Seller Sellers pursuant to ss. 12(hSection 10(g) below with respect to Sellers' representations and warranties within such the survival periodperiod pursuant to Section 8(a) above, then the Seller agrees Sellers jointly and severally agree to indemnify the Buyer from and against the entirety of any Adverse Consequences the Buyer shall suffer through and after the date of the claim for indemnification caused by the breach; provided, however, that the Seller Sellers shall not have any obligation to indemnify the Buyer from and against any Adverse Consequences caused by the breach of any representation or warranty of the Seller contained in ss. 5 above (other than ss. 5(e), (t), and (u)): Sellers: (A) until the Buyer has suffered Adverse Consequences by reason of all such breaches in excess of a deductible in the amount of $100,000 in the aggregate deductible (after which point the Seller Sellers will be obligated only to indemnify the Buyer from and against further such Adverse Consequences) or thereafter
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Samples: Asset Purchase and Sale Agreement (Omniamerica Inc)
Indemnification Provisions for Benefit of the Buyer. In the event the Seller breaches any of its his representations, warranties, and or covenants contained herein herein, and, if there is an applicable survival period pursuant to ss. 10
(a) above, provided that the Buyer makes a written claim for indemnification against Seller within the Seller pursuant to ss. 12(h) below within such survival period, then the Seller agrees to indemnify the Buyer from and against the entirety of any Adverse Consequences the Buyer shall may suffer through and after the date of the claim for indemnification (including any Adverse Consequences the Buyer may suffer after the end of any applicable survival period) resulting from, arising out of, relating to, in the nature of, or caused by the breach; provided, however, that the (i) Seller shall not have any obligation to indemnify the Buyer from and against any such Adverse Consequences caused by until the breach aggregate amount of any representation or warranty of such Adverse Consequences exceed Fity Thousand Dollars ($50,000); and (ii) under no circumstances shall the Seller contained in ss. 5 above (other than ss. 5(e), (t), and (u)): (A) until the have any obligation to indemnify Buyer has suffered for Adverse Consequences by reason of all such breaches in the aggregate excess of a One Million Four Hundred Thousand Dollars ($100,000 aggregate deductible (after which point the Seller will be obligated only to indemnify the Buyer from and against further such Adverse Consequences) or thereafter1,400,000).
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Indemnification Provisions for Benefit of the Buyer. (i) In the event the Seller breaches Sellers breach any of its their representations, warranties, and covenants contained herein in this Agreement, and, if there is an applicable survival period pursuant to ss. 10
(a) above, provided that the Buyer makes a written claim for indemnification against the Seller Sellers pursuant to ss. 12(hss.10(g) below with respect to Sellers' representations and warranties within such the survival periodperiod pursuant to ss.8(a) above, then the Seller agrees Sellers jointly and severally agree to indemnify the Buyer from and against the entirety of any Adverse Consequences the Buyer shall suffer through and after the date of the claim for indemnification caused by the breach; provided, however, that the Seller Sellers shall not have any obligation to indemnify the Buyer from and against any Adverse Consequences caused by the breach of any representation or warranty of the Seller contained in ss. 5 above (other than ss. 5(e), (t), and (u)): Sellers: (A) until the Buyer has suffered Adverse Consequences by reason of all such breaches in excess of a deductible in the amount of $100,000 in the aggregate deductible (after which point the Seller Sellers will be obligated only to indemnify the Buyer from and against further such Adverse Consequences) or thereafter
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Samples: Asset Purchase and Sale Agreement (Arch Communications Group Inc /De/)