Common use of Losses Net of Insurance Clause in Contracts

Losses Net of Insurance. The amount of any Loss for which indemnification is provided under this ARTICLE X shall be net of any amounts recovered by the Indemnitee under insurance policies or in respect of any indemnity or contribution with respect to such Loss.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Galena Biopharma, Inc.), Asset Purchase Agreement (Galena Biopharma, Inc.)

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Losses Net of Insurance. The amount of any Loss for which indemnification is provided under this ARTICLE X shall be net of any amounts recovered by the Indemnitee under insurance policies or in respect of any indemnity or contribution that is received by the Indemnitee with respect to such Loss.

Appears in 1 contract

Samples: Asset Purchase Agreement (Depomed Inc)

Losses Net of Insurance. Etc. The amount of any Loss for which indemnification is provided under this ARTICLE Article X shall be net of any amounts actually recovered or recoverable by the Indemnitee any Seller Indemnitees under insurance policies or in respect of any indemnity or contribution with respect to such Loss, but shall not be net of any tax benefit or cost with respect thereto.

Appears in 1 contract

Samples: Asset Purchase Agreement (Time Warner Telecom Inc)

Losses Net of Insurance. The amount of any Loss Losses for which indemnification is provided under this ARTICLE Article X shall be net of any amounts recovered by the Indemnitee under insurance policies or in respect of any indemnity or contribution with respect to such LossLosses. In the event that an Indemnitee shall later collect any such amounts recovered under insurance policies with respect to any Losses for which such Indemnitee has previously received payments under this Article X from an Indemnitor, such Indemnitee shall promptly repay to such Indemnitor such amount recovered.

Appears in 1 contract

Samples: Stock Purchase Agreement (Amscan Holdings Inc)

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Losses Net of Insurance. The amount of any Loss for which indemnification is provided under this ARTICLE X Paragraph 9B shall be net of any amounts actually recovered by the Indemnitee as a result of such Loss under insurance policies or in respect and any amount so recovered after the payment of any indemnity or contribution with respect shall be remitted to such Lossthe Indemnitor(s) and, if more than one, on a pro rata basis based on the amount of indemnity originally paid.

Appears in 1 contract

Samples: Recapitalization Agreement (Barracuda Networks Inc)

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