Common use of Maximum Recovery Clause in Contracts

Maximum Recovery. Notwithstanding anything in this Agreement to the contrary, in no event shall the Indemnifying Parties be liable for indemnification under this Section 7 in an amount in excess of the aggregate of the purchase price paid for the Shares and the Warrant. No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed [ ** ] , but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 7.

Appears in 1 contract

Samples: Securities Purchase Agreement (Generex Biotechnology Corp)

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Maximum Recovery. Notwithstanding anything in this Agreement to the contrary, in no event shall the Indemnifying Parties be liable for indemnification under this Section 7 in an amount in excess of the aggregate of the purchase price paid for the Shares and the Warrant[**] . No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed [ [** *] , but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 7.

Appears in 1 contract

Samples: Securities Purchase Agreement (Generex Biotechnology Corp)

Maximum Recovery. Notwithstanding anything in this Agreement to the contrary, in no event shall the Indemnifying Parties be liable for indemnification under this Section 7 in an amount in excess of the aggregate of the purchase price paid for the Shares and the Warrant[**]. No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed [ [** ] *], but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 7.

Appears in 1 contract

Samples: Securities Purchase Agreement (Atrix Laboratories Inc)

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Maximum Recovery. Notwithstanding anything in this Agreement to the contrary, in no event shall the Indemnifying Parties Party be liable for indemnification under this Section 7 6 in an amount in excess of the aggregate of the purchase price paid for the Shares and the WarrantShares. No Indemnified Person shall assert any such claim unless Losses in respect thereof incurred by any Indemnified Person, when aggregated with all previous Losses hereunder, equal or exceed [ ** ] U.S. $250,000, but at such time that an Indemnified Person is entitled to assert a claim, such claim shall include all Losses covered by this Section 76.

Appears in 1 contract

Samples: Securities Purchase Agreement (Incara Pharmaceuticals Corp)

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