Common use of Method of Asserting Claims Clause in Contracts

Method of Asserting Claims. As used herein, an “Indemnifed Party” shall refer to a Seller Indemnified Party or a Buyer Indemnified Party, as applicable; provided, that, with respect to any actions to be taken by an Indemnified Party under Section 5(e), “Indemnified Party” shall mean Buyer or Seller, as applicable and “Indemnifying Party” shall refer to the Party hereto obligated to indemnify such Indemnified Part(ies).

Appears in 2 contracts

Samples: Securities Purchase Agreement (Hardy John A.), Securities Purchase Agreement (MVC Capital, Inc.)

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Method of Asserting Claims. As used herein, an “Indemnifed "Indemnified Party" shall refer to a "Purchaser Indemnified Party" or "Seller Indemnified Party or a Buyer Indemnified Party, as applicable; provided, that, with respect to any actions to be taken by an Indemnified Party under Section 5(e), “Indemnified Party” shall mean Buyer or Seller, ," as applicable and shall be the party hereto whose Indemnified Parties are entitled to indemnification hereunder, and the "Indemnifying Party" shall refer to the Party party hereto obligated to indemnify such Indemnified Part(ies)Parties.

Appears in 2 contracts

Samples: Purchase Agreement (Nbty Inc), Purchase Agreement (GNC Corp)

Method of Asserting Claims. As used herein, an “Indemnifed "Indemnified Party" shall refer to a Seller Indemnified Party or a "Buyer Indemnified Party, " or "Sellers" as applicable; provided, that, with respect to any actions to be taken by an Indemnified Party under Section 5(e), “Indemnified the "Notifying Party” shall mean Buyer or Seller, as applicable and “Indemnifying Party” " shall refer to the Party party hereto whose Indemnified Parties are entitled to indemnification hereunder, and the "Indemnifying Party" shall refer to the party hereto obligated to indemnify such Notifying Party's Indemnified Part(ies)Parties.

Appears in 1 contract

Samples: Stock Purchase Agreement (Pemstar Inc)

Method of Asserting Claims. As used herein, an “Indemnifed Indemnified Party” shall refer to a Seller “Purchaser Indemnified Party or a Buyer Party,”“Shareholder Indemnified Party, ” or “New Operator Indemnified Party,” as applicable; provided, that, with respect to any actions to be taken by an Indemnified Party under Section 5(e), “Indemnified PartyParties” shall mean Buyer refer to “Purchaser Indemnified Parties,”“Shareholder Indemnified Parties” or SellerNew Operator Indemnified Parties,” as applicable, as applicable and the “Indemnifying Party” shall refer to the Party hereto obligated to indemnify such Indemnified Part(ies)Parties.

Appears in 1 contract

Samples: Stock Purchase Agreement (Omega Healthcare Investors Inc)

Method of Asserting Claims. As used herein, an “Indemnifed Indemnified Party” shall refer to a Seller Buyer Indemnified Party or a Buyer Seller Indemnified Party, as applicable; provided, that, with respect to any actions to be taken by an Indemnified Party under this Section 5(e)9.4, “Indemnified Party” shall mean the Buyer or the Seller, as applicable applicable, and the “Indemnifying Party” shall refer to the Party hereto obligated to indemnify such Indemnified Part(ies)Party.

Appears in 1 contract

Samples: Asset Purchase Agreement

Method of Asserting Claims. As used herein, an “Indemnifed "Indemnified Party" shall refer to a Seller Indemnified Party or a "Buyer Indemnified Party, " or "Seller Indemnified Party," as applicable; provided, that, with respect to any actions to be taken by an Indemnified Party under Section 5(e), “Indemnified Party” shall mean Buyer or Seller, as applicable and “Indemnifying Party” shall refer to the Party hereto obligated to indemnify such Indemnified Part(ies)."Notifying

Appears in 1 contract

Samples: Asset Purchase Agreement (Pemstar Inc)

Method of Asserting Claims. As used herein, an “Indemnifed "Indemnified Party" shall refer to a Seller Indemnified Party or a "Buyer Indemnified Party" or a "Principal Indemnified Party", as applicable; provided, that, with respect to any actions to be taken by an Indemnified Party under Section 5(e), “Indemnified the "Notifying Party” shall mean Buyer or Seller, as applicable and “Indemnifying Party” " shall refer to the Party party hereto whose Indemnified Parties are entitled to indemnification hereunder, and the "Indemnifying Party" shall refer to the party hereto obligated to indemnify such Notifying Party's Indemnified Part(ies)Parties.

Appears in 1 contract

Samples: Asset Purchase Agreement (PrimeWood, Inc.)

Method of Asserting Claims. As used herein, an “Indemnifed Indemnified Party” shall refer to a Seller Indemnified Party or a Buyer Indemnified Party” or “Seller Indemnified Party”, as applicable; provided, that, with respect to any actions to be taken by an Indemnified Party under Section 5(e), “Indemnified Party” shall mean Buyer or Seller, as applicable and the “Indemnifying Party” shall refer to the Party hereto obligated to indemnify such Indemnified Part(ies)Party.

Appears in 1 contract

Samples: Purchase and Sale Agreement (National Technical Systems Inc /Ca/)

Method of Asserting Claims. As used herein, an “Indemnifed Indemnified Party” shall refer to a Seller Purchaser Indemnified Party or a Buyer Sole Member Indemnified Party, as applicable; provided, that, with respect to any actions to be taken by an Indemnified Party under this Section 5(e)10.4, “Indemnified Party” shall mean Buyer the Purchaser or Sellerthe Sole Member, as applicable applicable, and the “Indemnifying Party” shall refer to the Party party hereto obligated to indemnify such Indemnified Part(ies)Party.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Mueller Industries Inc)

Method of Asserting Claims. As used herein, an “Indemnifed Indemnified Party” shall refer to a Seller Indemnified Party or a Buyer Indemnified Party, as applicable; provided, that, with respect to any actions to be taken by an Indemnified Party under Section 5(e), ” or Seller Indemnified Party” as applicable, the “Notifying Party” shall mean Buyer or Sellerrefer to the party hereto whose Indemnified Parties are entitled to indemnification hereunder, as applicable and the “Indemnifying Party” shall refer to the Party party hereto obligated to indemnify such Notifying Party’s Indemnified Part(ies)Parties.

Appears in 1 contract

Samples: Asset Purchase Agreement (Diamond Foods Inc)

Method of Asserting Claims. As used herein, an “Indemnifed "Indemnified Party" shall refer to a "Purchaser Indemnified Parties" or "Seller Indemnified Party or a Buyer Indemnified Party, Parties," as applicable; provided, that, with respect to any actions to be taken by an Indemnified Party under Section 5(e), “Indemnified the "Notifying Party” shall mean Buyer or Seller, as applicable and “Indemnifying Party” " shall refer to the Party party hereto whose Indemnified Parties are entitled to indemnification hereunder; and the "Indemnifying Party" shall refer to the party hereto obligated to indemnify such Notifying Party's Indemnified Part(ies)Parties.

Appears in 1 contract

Samples: Asset Purchase Agreement (Oil Dri Corporation of America)

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Method of Asserting Claims. As used herein, an “Indemnifed "Indemnified Party" shall refer to a "Purchaser Indemnified Party" or "Seller Indemnified Party or a Buyer Indemnified Party, ," as applicable; provided, that, with respect to any actions to be taken by an Indemnified Party under Section 5(e), “Indemnified the "Notifying Party” shall mean Buyer or Seller, as applicable and “Indemnifying Party” " shall refer to the Party party hereto whose Indemnified Parties are entitled to indemnification hereunder, and the "Indemnifying Party" shall refer to the party hereto obligated to indemnify such Notifying Party's Indemnified Part(ies)Parties.

Appears in 1 contract

Samples: Asset Purchase Agreement (Sunsource Inc)

Method of Asserting Claims. As used herein, ; an “Indemnifed "Indemnified Party" shall refer to a Seller Indemnified Party either the Buyer or a Buyer Indemnified Partythe Seller, as applicable; provided, thatthe "Notifying Party" shall refer to the Party hereto who is entitled to indemnification hereunder, with respect to any actions to be taken by an Indemnified Party under Section 5(e), “Indemnified Party” shall mean Buyer or Seller, as applicable and the "Indemnifying Party" shall refer to the Party hereto obligated to indemnify such Indemnified Part(ies)Notifying Party.

Appears in 1 contract

Samples: Asset Purchase Agreement (Telect Inc)

Method of Asserting Claims. As used hereinin this Section 10.04, an “Indemnifed "Indemnified Party" shall refer to a Seller Indemnified Party or a Buyer an "Acquiror Indemnified Party, " or "Stockholder Indemnified Party," as applicable; provided, that, with respect to any actions to be taken by an Indemnified Party under Section 5(e), “Indemnified the "Notifying Party” shall mean Buyer or Seller, as applicable and “Indemnifying Party” " shall refer to the Party party hereto whose Indemnified Parties are entitled to indemnification hereunder, and the "Indemnifying Party" shall refer to the party hereto obligated to indemnify such Notifying Party's Indemnified Part(ies)Parties.

Appears in 1 contract

Samples: Merger Agreement (United Healthcare Corp)

Method of Asserting Claims. As used herein, an “Indemnifed "Indemnified Party" shall refer to a Seller Purchaser Indemnified Party or a Buyer Seller Indemnified Party, as applicable; provided, that, with respect to any actions to be taken by an Indemnified Party under Section 5(e), “Indemnified the "Notifying Party” shall mean Buyer or Seller, as applicable and “Indemnifying Party” " shall refer to the Party party hereto whose Indemnified Parties are entitled to indemnification hereunder; and the "Indemnifying Party" shall refer to the party hereto obligated to indemnify such Notifying Party's Indemnified Part(ies)Parties.

Appears in 1 contract

Samples: Stock Purchase Agreement (Apogee Enterprises Inc)

Method of Asserting Claims. As used hereinin this Subparagraph (c), an “Indemnifed Party” shall refer to a Seller Indemnified Party or a Buyer "Indemnified Party, as applicable; provided, that, with respect to any actions to be taken by an Indemnified Party under Section 5(e), “Indemnified Party” shall mean Buyer or Seller, as applicable and “Indemnifying Party” " shall refer to the Party Buyer Indemnified Parties or the Target Indemnified Parties as applicable; the "Notifying Party" shall refer to the party hereto whose Indemnified Parties are entitled to indemnification hereunder; and the "Indemnifying Party" shall refer to the party hereto obligated to indemnify such Notifying Party's Indemnified Part(ies)Parties.

Appears in 1 contract

Samples: Merger Agreement (Nucleus Inc)

Method of Asserting Claims. As used herein, an “Indemnifed Indemnified Party” shall refer to a Seller Buyer Indemnified Party or a Buyer Seller Indemnified Party, as applicable; provided, that, with respect to any actions to be taken by an Indemnified Party under this Section 5(e7.4, Indemnified Party shall mean, as applicable, Buyer or the applicable Seller(s), “Indemnified Party” shall mean Buyer or Selleras applicable, as applicable and the “Indemnifying Party” shall refer to the Party hereto obligated to indemnify such Indemnified Part(ies)Party.

Appears in 1 contract

Samples: Asset Purchase Agreement (Prestige Brands Holdings, Inc.)

Method of Asserting Claims. As used herein, an “Indemnifed "Indemnified Party" shall refer to a Seller Indemnified Party or a Buyer "KTI Indemnified Party, " or "OCI Indemnified Party," as applicable; provided, that, with respect to any actions to be taken by an Indemnified Party under Section 5(e), “Indemnified the "Notifying Party” shall mean Buyer or Seller, as applicable and “Indemnifying Party” " shall refer to the Party party hereto whose Indemnified Parties are entitled to indemnification hereunder, and the "Indemnifying Party" shall refer to the party hereto obligated to indemnify such Notifying Party's Indemnified Part(ies)Parties.

Appears in 1 contract

Samples: Investment Agreement (Kti Inc)

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