Common use of LIMITATIONS ON AMOUNT--BUYER Clause in Contracts

LIMITATIONS ON AMOUNT--BUYER. (a) Buyer will have no liability (for indemnification or otherwise) with respect to claims under Sections 11.3(a) and 11.3(b) until the total of all Damages with respect to such matters exceeds the Basket and then only for the amount by which such Damages exceed $1,276,000. However, this Section 11.5(a) will not apply to (i) matters arising under Sections 4.1 or 4.2 or (ii) Buyer's fraud.

Appears in 1 contract

Samples: Asset Purchase Agreement (Regal Entertainment Group)

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LIMITATIONS ON AMOUNT--BUYER. (a) Buyer will have no liability (for indemnification or otherwise) with respect to claims under Sections Section 11.3(a) and 11.3(b) until the total of all Damages with respect to such matters exceeds the Basket One Hundred Seventy Five Thousand Dollars ($175,000) and then only for the amount by which such Damages exceed One Hundred Seventy Five Thousand Dollars ($1,276,000175,000). However, this Section 11.5(a) will not apply to (i) matters claims arising from Buyer’s fraud or intentional misrepresentation or to claims arising under Sections 4.1 or 4.2 or (ii) Buyer's fraudAuthority; No Conflict).

Appears in 1 contract

Samples: Stock Purchase Agreement (Esterline Technologies Corp)

LIMITATIONS ON AMOUNT--BUYER. (a) Except with respect to actual fraud, Buyer will have no liability (for indemnification or otherwise) with respect to claims under Sections 11.3(a) and 11.3(bthe matters described in Section 10.3: (a) until the total of all Damages with respect to such matters exceeds the Basket Thirty Five Thousand Dollars ($35,000), and then only for the amount by which such Damages exceed Thirty Five Thousand Dollars ($1,276,000. However, this Section 11.5(a35,000) will not apply to and (ib) matters arising under Sections 4.1 or 4.2 or for any Damages in excess of One Million Dollars (ii) Buyer's fraud$1,000,000).

Appears in 1 contract

Samples: Stock Purchase Agreement (Svi Holdings Inc)

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LIMITATIONS ON AMOUNT--BUYER. Buyer will have no liability (afor ------------------------------ indemnification or otherwise) with respect to claims under Section 6.4 until the total of all Damages with respect to such claims exceeds $5,000. Buyer will have no liability (for indemnification or otherwise) in excess of Three Hundred Fifty Thousand Dollars ($350,000.00) with respect to claims under Sections 11.3(a) and 11.3(b) until Section 6.4. Notwithstanding the total of all Damages with respect to such matters exceeds the Basket and then only for the amount by which such Damages exceed $1,276,000. Howeverforegoing, however, this Section 11.5(a) 6.6 will not apply to (iclaims under Section 6.4(b) through 6.4(e) or to matters arising under Sections 4.1 or 4.2 or (ii) Buyer's fraud.in respect of Section 4.2. 6.7

Appears in 1 contract

Samples: Asset Purchase Agreement (Gsi Group Inc)

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