Indemnifying Party Consent. Unless the Indemnifying Party has consented to a settlement of a Third Party Claim, the amount of the settlement shall not be a binding determination of the amount of the Loss; provided that in respect of the Indemnifying Parties, such amount shall be determined in accordance with the provisions of the Escrow Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Kitara Media Corp.), Merger Agreement (Ascend Acquisition Corp.)
Indemnifying Party Consent. Unless the Indemnifying Party has consented to a settlement of a Third Party Claim, the amount of the settlement shall not be a binding determination of the amount of the Loss; provided that in respect of the Indemnifying Parties, Loss and such amount shall be determined in accordance with the provisions of the Escrow Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Ascend Acquisition Corp.), Agreement and Plan of Reorganization (Triplecrown Acquisition Corp.)
Indemnifying Party Consent. Unless the Indemnifying Party has consented to a settlement of a Third Party Claim, the amount of the settlement shall not be a binding determination of the amount of the Loss; provided that in respect of the Indemnifying Parties, such amount shall be determined in accordance with the provisions of the Escrow Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Equity Media Holdings CORP)
Indemnifying Party Consent. Unless the Indemnifying Party has consented to a settlement of a Third Party Claim, the amount of the settlement shall not be a binding determination of the amount of the Loss; provided that in respect of the Andover Indemnifying Parties, such amount shall be determined in accordance with the provisions of the Escrow Agreement.
Appears in 1 contract
