Common use of Indemnification Threshold Clause in Contracts

Indemnification Threshold. No Buyer Party shall be entitled to make any claim for indemnification pursuant to Section 9.2(a) unless and until the aggregate amount of Damages with respect to all such claims that may be made by all Buyer Parties pursuant to this Article 9 as a result of a Breach of any of the Sellers’ representations, warranties, obligations, covenants or agreements set forth in this Agreement exceeds an aggregate of Fifty Thousand and 00/100 Dollars ($50,000) (the “Indemnification Threshold”), after which the Sellers shall be liable for the full amount of such Damages, subject to the Indemnification Cap. No Seller shall be entitled to make any claim for indemnification pursuant to Section 9.2(b) unless and until the aggregate amount of Damages with respect to all such claims that may be made by the Sellers pursuant to this Article 9 exceeds the Indemnification Threshold, after which the Buyer shall be liable for the full amount of such Damages, subject to the Indemnification Cap.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Afg Investment Trust C), Membership Interest Purchase Agreement (Afg Investment Trust D)

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Indemnification Threshold. No Buyer Party shall be entitled to make any claim for indemnification pursuant to Section 9.2(a10.2(a) unless and until the aggregate amount of Damages with respect to all such claims that may be made by all Buyer Parties pursuant to this Article 9 10 as a result of a Breach of any of the Sellers’ representations, warranties, obligations, covenants or agreements set forth in this Agreement exceeds an aggregate of Fifty One Hundred Thousand and 00/100 Dollars ($50,000100,000) (the “Indemnification Threshold”), after which the Sellers shall be liable for the full amount of such Damages, subject to the Indemnification Cap. No Seller shall be entitled to make any claim for indemnification pursuant to Section 9.2(b10.2(b) unless and until the aggregate amount of Damages with respect to all such claims that may be made by the Sellers pursuant to this Article 9 10 exceeds the Indemnification Threshold, after which the Buyer Buyers shall be liable for the full amount of such Damages, subject to the Indemnification Cap.

Appears in 1 contract

Samples: Equity Purchase Agreement (Afg Investment Trust D)

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Indemnification Threshold. No Buyer Party shall be entitled to make any claim for indemnification pursuant to Section SECTION 9.2(a) unless and until the aggregate amount of Damages with respect to all such claims that may be made by all Buyer Parties pursuant to this Article ARTICLE 9 as a result of a Breach of any of the Sellers’ Seller Parties' representations, warranties, obligations, covenants or agreements set forth in this Agreement exceeds an aggregate of Fifty Five Hundred Thousand and 00/100 Dollars ($50,000500,000) (the “Indemnification Threshold”"INDEMNIFICATION THRESHOLD"), after which the Sellers Seller Parties shall be liable for the full amount of such Damages, subject to the Indemnification Cap. No Seller Party shall be entitled to make any claim for indemnification pursuant to Section SECTION 9.2(b) unless and until the aggregate amount of Damages with respect to all such claims that may be made by the Sellers Seller Parties pursuant to this Article ARTICLE 9 exceeds the Indemnification Threshold, after which the Buyer shall be liable for the full amount of such Damages, subject to the Indemnification Cap. Notwithstanding anything to the contrary set forth in this Agreement, claims for Damages pursuant to SECTION 9.2(a)(ii) hereof shall not be subject to the Indemnification Threshold.

Appears in 1 contract

Samples: Equity Purchase Agreement (Dynamics Research Corp)

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