Liability of Buyer. The Buyer shall have no liability (for indemnification or otherwise) under or relating to this Agreement or the transaction contemplated hereby until the total of all Damages with respect thereto exceeds the Deductible Amount and then only for the amount by which such Damages exceed the Deductible Amount. The Buyer's cumulative liability under this Agreement and the Schedules, certificates and documents delivered pursuant hereto or in connection herewith shall in no event exceed, and the total amount of the indemnification payments that the Buyer can be required to make hereunder shall be limited in the aggregate to a maximum of twenty percent (20%) of the Purchase Price.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Heritage Propane Partners L P), Asset Purchase Agreement (Heritage Propane Partners L P)
Liability of Buyer. The Buyer shall have no liability (for indemnification or otherwise) under or relating to this Agreement or the transaction contemplated hereby until the total of all Damages with respect thereto exceeds the Deductible Amount and then only for the amount by which such Damages exceed the Deductible Amount. The Buyer's cumulative liability under this Agreement and the Schedules, certificates and documents delivered pursuant hereto or in connection herewith shall in no event exceed, and the total amount of the indemnification payments that the Buyer can be required to make hereunder shall be limited in the aggregate to a maximum of twenty percent (20%) of the difference between (i) the Purchase PricePrice and (ii) the Specified Cash Amount.
Appears in 2 contracts
Samples: Merger Agreement (Heritage Propane Partners L P), Stock Purchase Agreement (Heritage Propane Partners L P)
Liability of Buyer. The Buyer shall have no liability (for indemnification or otherwise) under or relating to this Agreement or the transaction contemplated hereby until the total of all Damages with respect thereto exceeds the Deductible Amount and then only for the amount by which such Damages exceed the Deductible Amount. The Buyer's cumulative liability under this Agreement and the Schedules, certificates and documents delivered pursuant hereto or in connection herewith shall in no event exceed, and the total amount of the indemnification payments that the Buyer can be required to make hereunder shall be limited in the aggregate to a maximum of twenty percent (20%) of the Purchase PricePrice excluding from such Purchase Price any amounts paid for the Company's cash and cash equivalents.
Appears in 1 contract
Samples: Stock Purchase Agreement (Heritage Propane Partners L P)
Liability of Buyer. The Buyer shall have no liability (for indemnification or otherwise) under or relating to this Agreement or the transaction contemplated hereby until the total of all Damages with respect thereto exceeds the Deductible Amount and then only for the amount by which such Damages exceed the Deductible Amount. The Buyer's cumulative liability under this Agreement and the Schedules, certificates and documents delivered pursuant hereto or in connection herewith shall in no event exceed, and the total amount of the indemnification payments that the Buyer can be required to make hereunder shall be limited in the aggregate to a maximum of twenty percent (20%) of the difference between (i) the Purchase Price, and (ii) the Specified Cash Amount.
Appears in 1 contract