Common use of Minimum Loss Clause in Contracts

Minimum Loss. No Indemnifying Party shall be required to indemnify any Indemnified Party for Indemnified Representation Costs unless and until the aggregate amount of such Indemnified Representation Costs for which the Indemnified Parties are otherwise entitled to indemnification pursuant to this Article 11 exceeds $200,000 (the "Minimum Loss"), whereupon the Indemnified Party shall be entitled to be paid the entire amount of its Indemnified Representation Costs in excess of (but not including) the Minimum Loss, subject to the limitations on recovery and recourse set forth in this Section 11.5.

Appears in 1 contract

Samples: Asset Purchase Agreement (Atrium Companies Inc)

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Minimum Loss. No Indemnifying Party shall be required to indemnify any an Indemnified Party for Indemnified Representation Costs unless and until the aggregate amount of such Indemnified Representation Costs for which the Indemnified Parties are Party is otherwise entitled to indemnification pursuant to this Article 11 exceeds $200,000 30,000.00 (the "β€œMinimum Loss"”). After the Minimum Loss is exceeded, whereupon the Indemnified Party shall be entitled to be paid the entire amount of its Indemnified Representation Costs in excess of (but not including) including the Minimum Loss, subject to the limitations on recovery and recourse set forth in this Section 11.511.6.

Appears in 1 contract

Samples: Asset Purchase Agreement (Odyssey Healthcare Inc)

Minimum Loss. No Indemnifying Party shall be required to indemnify any an Indemnified Party for Indemnified Representation Costs unless and until the aggregate amount of such Indemnified Representation Costs for which the Indemnified Parties are Party is otherwise entitled to indemnification pursuant to this Article 11 exceeds $200,000 1,117,500 (the "Minimum Loss"). After the Minimum Loss is exceeded, whereupon the Indemnified Party shall be entitled to be paid the entire amount of its Indemnified Representation Costs in excess of (but not including) the Minimum Loss, subject to the limitations on recovery and recourse set forth in this Section 11.511.5 below and subject to the exception contained in Section 12.2.

Appears in 1 contract

Samples: Stock Purchase Agreement (Capstar Communications Inc)

Minimum Loss. No Indemnifying Party shall be required to indemnify any an Indemnified Party for Indemnified Representation Costs unless and until the aggregate amount of such Indemnified Representation Costs for which the Indemnified Parties are Party is otherwise entitled to indemnification pursuant to this Article 11 exceeds $200,000 100,000 (the "Minimum Loss"). After the Minimum Loss is exceeded, whereupon the Indemnified Party shall be entitled to be paid the entire amount of its Indemnified Representation Costs in excess of (but not including) the Minimum Loss, subject to the limitations on recovery and recourse set forth in this Section 11.511.6 and in Section 11.7 below.

Appears in 1 contract

Samples: Asset Purchase Agreement (Commodore Media Inc)

Minimum Loss. No The Indemnifying Party shall not be ------------ required to indemnify any the Indemnified Party for any Indemnified Representation Costs unless and until the aggregate amount of such Indemnified Representation Costs for which the Indemnified Parties are Party is otherwise entitled to indemnification pursuant to this Article 11 Section 10.9 exceeds $200,000 10,000 (the "Minimum Loss"). After the Minimum Loss is exceeded, whereupon the Indemnified Party shall be entitled to be paid the entire amount of its Indemnified Representation Costs in excess of (but not includingincluding ) the Minimum Loss, subject to the limitations on recovery and recourse set forth in this Section 11.5Subsection (v).

Appears in 1 contract

Samples: Asset Purchase Agreement (Nm Licensing LLC)

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Minimum Loss. No Indemnifying Party shall be required to ------------ indemnify any an Indemnified Party for Indemnified Representation Costs unless and until the aggregate amount of such Indemnified Representation Costs for which the Indemnified Parties are Party is otherwise entitled to indemnification pursuant to this Article 11 V exceeds $200,000 100,000 (the "Minimum Loss"). After the Minimum Loss is exceeded, whereupon the Indemnified Party shall be entitled to be paid the entire amount of its Indemnified Representation Costs in excess of (but not including) the Minimum Loss, subject to the limitations on recovery and recourse set forth in this Section 11.55.5.

Appears in 1 contract

Samples: Securities Purchase Agreement (Miller Exploration Co)

Minimum Loss. No Indemnifying Party shall be required to indemnify any an Indemnified Party for Indemnified Representation Costs unless and until the aggregate amount of such Indemnified Representation Costs for which the Indemnified Parties are Party is otherwise entitled to indemnification pursuant to this Article 11 V exceeds $200,000 100,000 (the "Minimum Loss"). After the Minimum Loss is exceeded, whereupon the Indemnified Party shall be entitled to be paid the entire amount of its Indemnified Representation Costs in excess of (but not including) the Minimum Loss, subject to the limitations on recovery and recourse set forth in this Section 11.55.5.

Appears in 1 contract

Samples: Securities Purchase Agreement (Guardian Energy Management Corp)

Minimum Loss. No The Indemnifying Party shall not be required to ------------ indemnify any the Indemnified Party for any Indemnified Representation Costs unless and until the aggregate amount of such Buyer Indemnified Representation Costs for which the Indemnified Parties are Party is otherwise entitled to indemnification pursuant to this Article 11 Section 10.9 exceeds $200,000 100,000 (the "Minimum Loss"). After the Minimum Loss is exceeded, whereupon the Indemnified Party shall be entitled to be paid the entire amount of its Indemnified Representation Costs in excess of (but not includingincluding ) the Minimum Loss, subject to the limitations on recovery and recourse set forth in this Section 11.5Subsection (v).

Appears in 1 contract

Samples: Asset Purchase Agreement (Nm Licensing LLC)

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