Mitigation. Each of the parties hereto agrees to take commercial reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance or condition that has given rise to or would reasonably be expected to give rise to, any Losses for which it would have the right to seek indemnification hereunder.
Appears in 34 contracts
Sources: Agreement of Purchase and Sale and Agreement to Enter Into Lease (Ducommun Inc /De/), Purchase and Sale Agreement (Duke Realty Limited Partnership/), Purchase and Sale Agreement (Duke Realty Limited Partnership/)
Mitigation. Each of the parties hereto agrees to take commercial all reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or which would reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 20 contracts
Sources: Asset Purchase Agreement, Asset Purchase Agreement (Coca Cola Bottling Co Consolidated /De/), Asset Exchange Agreement (Coca Cola Bottling Co Consolidated /De/)
Mitigation. Each of the parties hereto agrees to take commercial all reasonable steps to mitigate their respective Losses and Expenses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would which could reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification and Expenses that are indemnifiable hereunder.
Appears in 11 contracts
Sources: Stock Purchase Agreement (Aon Corp), Stock Purchase Agreement (Saks Inc), Asset Purchase Agreement (Saks Inc)
Mitigation. Each of the parties hereto agrees to take commercial all reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification Loss that is indemnifiable hereunder.
Appears in 8 contracts
Sources: Merger Agreement (JetPay Corp), Unit Purchase Agreement (JetPay Corp), Merger Agreement (Universal Business Payment Solutions Acquisition Corp)
Mitigation. Each of the parties hereto Parties agrees to take commercial all reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would which could reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 7 contracts
Sources: Merger Agreement (Apollo Medical Holdings, Inc.), Asset Purchase Agreement (Market Leader, Inc.), Asset Purchase Agreement (Tree.com, Inc.)
Mitigation. Each of the parties hereto agrees to take commercial all reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or which would reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 6 contracts
Sources: Stock Purchase Agreement (Rli Corp), Transaction Agreement (General Electric Co), Purchase Agreement (Osi Systems Inc)
Mitigation. Each of the parties hereto agrees to shall, and shall cause its applicable Affiliates and Representatives to, take commercial all reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 5 contracts
Sources: Asset Purchase Agreement, Asset Purchase Agreement (Rite Aid Corp), Asset Purchase Agreement (Freds Inc)
Mitigation. Each of the parties hereto agrees to take commercial use its commercially reasonable steps efforts to mitigate their its respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 4 contracts
Sources: Transaction Agreement (Ameren Energy Generating Co), Transaction Agreement (Dynegy Inc.), Purchase and Sale Agreement (United Technologies Corp /De/)
Mitigation. Each of the parties hereto agrees to take commercial all commercially reasonable steps to mitigate their its respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would could reasonably be expected to give rise to, to any Losses for which it would have indemnifiable under this Article X; provided, that the right foregoing shall not be deemed to seek indemnification hereunderimpose any obligation or duty to initiate any Actions.
Appears in 4 contracts
Sources: Purchase Agreement (Owens & Minor Inc/Va/), Purchase Agreement (Halyard Health, Inc.), Purchase Agreement (Owens & Minor Inc/Va/)
Mitigation. Each of the parties hereto agrees to take commercial all reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 4 contracts
Sources: Share Purchase Agreement, Asset Purchase Agreement (Sunshine Heart, Inc.), Purchase Agreement (Del Monte Corp)
Mitigation. Each of the parties hereto agrees to take commercial all ---------- reasonable steps to mitigate their respective Losses and Expenses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would which could reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification and Expenses that are indemnifiable hereunder.
Appears in 3 contracts
Sources: Purchase Agreement (Aramark Worldwide Corp), Purchase Agreement (Aramark Worldwide Corp), Purchase Agreement (Aramark Corp)
Mitigation. Each of the parties hereto agrees to take commercial all commercially reasonable steps to mitigate their respective Losses and Expenses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would which could reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification or Expenses that are indemnifiable hereunder.
Appears in 3 contracts
Sources: Equity Purchase Agreement, Equity Purchase Agreement (Impac Mortgage Holdings Inc), Equity Purchase Agreement
Mitigation. Each of the parties hereto agrees to take commercial all reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would which could reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 3 contracts
Sources: Asset Purchase Agreement (Spirit AeroSystems Holdings, Inc.), Stock Purchase Agreement (Catalyst Health Solutions, Inc.), Share Purchase Agreement (Gallagher Arthur J & Co)
Mitigation. Each of the parties hereto agrees to take commercial all reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance or condition that has given rise to or would event which could reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 3 contracts
Sources: Asset Purchase Agreement (North American Scientific Inc), Asset Purchase Agreement (North American Scientific Inc), Asset Purchase Agreement (North American Scientific Inc)
Mitigation. Each of the parties hereto agrees to take commercial use its commercially reasonable steps efforts to mitigate their its respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 3 contracts
Sources: Asset Purchase Agreement, Stock and Asset Purchase Agreement (Kellogg Co), Asset Purchase Agreement (Woodward, Inc.)
Mitigation. Each of the parties hereto agrees to take commercial use commercially reasonable steps efforts to mitigate their its respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification hereunderindemnifiable under this ARTICLE VIII.
Appears in 3 contracts
Sources: Purchase Agreement, Purchase Agreement (Red Lion Hotels CORP), Purchase Agreement (Red Lion Hotels CORP)
Mitigation. Each of the parties hereto agrees to take commercial all commercially reasonable steps to avoid, minimize and mitigate their respective its Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would reasonably be expected to give rise to, to any Losses for which it would have that are indemnifiable hereunder, in each case to the right to seek indemnification hereunderextent required by and in accordance with New York Law.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Harsco Corp), Asset Purchase Agreement (Chart Industries Inc)
Mitigation. Each of the parties hereto party agrees to take commercial commercially reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance or condition that has given conditions giving rise to or would reasonably be expected to give rise to, any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 2 contracts
Sources: Merger Agreement (Mantech International Corp), Merger Agreement (Mantech International Corp)
Mitigation. Each of the parties hereto agrees to take commercial all reasonable steps to mitigate their respective Losses ---------- and Expenses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would which could reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification and Expenses that are indemnifiable hereunder.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Emmis Operating Co), Asset Purchase Agreement (Emmis Operating Co)
Mitigation. Each Except as otherwise specified herein, each of the parties hereto agrees to take commercial commercially reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or which would reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 2 contracts
Sources: Stock Purchase Agreement (American International Group Inc), Stock Purchase Agreement (Prudential Financial Inc)
Mitigation. Each of the parties hereto agrees to take commercial all commercially reasonable steps to mitigate their respective Losses and Expenses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would which could reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification and Expenses that are indemnifiable hereunder.
Appears in 2 contracts
Sources: Membership Interest Purchase Agreement (Fuelcell Energy Inc), Stock Purchase Agreement (Aon Corp)
Mitigation. Each of the parties hereto Parties agrees to take commercial all commercially reasonable steps to mitigate their respective Losses upon and Losses, with the obligation to mitigate to commence, respectively, within a reasonable time after becoming aware the Party's knowledge of any fact, event, circumstance the relevant event or condition that has given which would give rise to or would reasonably be expected to give rise to, any Losses for which it would have that are indemnifiable hereunder, in each case solely to the right to seek indemnification hereunderextent required by applicable Laws or Regulations.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Cas Medical Systems Inc), Asset Purchase Agreement (Cas Medical Systems Inc)
Mitigation. Each of the parties hereto agrees to take commercial all commercially reasonable steps to mitigate their its respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 1 contract
Sources: Purchase Agreement (American International Group, Inc.)
Mitigation. Each of the parties hereto Parties agrees to take commercial commercially reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would reasonably be expected to give rise to, any Losses for which it would have the right is entitled to seek indemnification hereunderunder this Agreement.
Appears in 1 contract
Mitigation. Each of the parties hereto agrees to take commercial commercially reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or which would reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 1 contract
Sources: Asset Purchase Agreement (Banc of California, Inc.)
Mitigation. Each of the parties hereto Parties agrees to take commercial all reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance condition or condition that has given event which may give rise to or would reasonably be expected to give rise to, any Losses for which it would have the right to seek indemnification hereundermay be sought under this 0.
Appears in 1 contract
Sources: Membership Interest Purchase Agreement (Terawulf Inc.)
Mitigation. Each of the parties hereto agrees to take commercial all reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would which could reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 1 contract
Sources: Asset Purchase Agreement (Dolan Co.)
Mitigation. Each of the parties hereto Parties agrees to take commercial all commercially reasonable steps to mitigate their respective Losses upon and Losses, with the obligation to mitigate to commence, respectively, within a reasonable time after becoming aware the Party’s knowledge of any fact, event, circumstance the relevant event or condition that has given which would give rise to or would reasonably be expected to give rise to, any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 1 contract
Mitigation. Each of the parties hereto agrees to take commercial all commercially reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would could reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 1 contract
Sources: Asset Purchase Agreement
Mitigation. Each of the parties hereto Parties agrees to take commercial reasonable steps to mitigate their its respective Losses upon and after becoming aware of any factLosses that are indemnifiable hereunder; provided, eventthat any fees, circumstance or condition that has given rise costs and expenses incurred as a result of such efforts to or would reasonably mitigate shall be expected deemed to give rise to, any Losses for which it would have the right to seek indemnification hereunderbe indemnifiable Losses.
Appears in 1 contract
Mitigation. Each of the parties hereto agrees to take commercial use commercially reasonable steps efforts in accordance with Applicable Law to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or which would reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 1 contract
Sources: Merger Agreement (Gannett Co., Inc.)
Mitigation. Each of the parties hereto Parties agrees to take commercial all commercially reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance condition or condition that has given event which may give rise to or would reasonably be expected to give rise to, any Losses for which it would have the right to seek indemnification hereundermay be sought under this Article 8.
Appears in 1 contract
Sources: Membership Interest Purchase Agreement (Lime Energy Co.)
Mitigation. Each of the parties hereto agrees to take commercial all commercially reasonable steps to mitigate their respective Losses and Expenses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would which could reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification and Expenses that are indemnifiable hereunder.
Appears in 1 contract
Sources: Asset Purchase Agreement (Fountain Powerboat Industries Inc)
Mitigation. Each of the parties hereto agrees to take commercial all commercially reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to would, individually or would in the aggregate, reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 1 contract
Mitigation. Each of the parties hereto agrees to take commercial commercially reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance or condition that has given rise to or would event which could reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 1 contract
Sources: Asset Purchase Agreement (American Italian Pasta Co)
Mitigation. Each of the parties hereto agrees to take commercial all commercially reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or would reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 1 contract
Sources: Share Purchase Agreement (Synchronoss Technologies Inc)
Mitigation. Each of the parties hereto Parties agrees to take commercial reasonable steps to mitigate their its respective Losses upon and after becoming aware of any factLosses that are indemnifiable hereunder; provided that any fees, event, circumstance or condition that has given rise costs and expenses incurred as a result of such efforts to or would reasonably mitigate shall be expected deemed to give rise to, any Losses for which it would have the right to seek indemnification hereunderbe indemnifiable Losses.
Appears in 1 contract
Mitigation. Each In addition, each of the parties hereto agrees to take commercial all reasonable steps to mitigate their respective Losses upon and after becoming aware of any fact, event, circumstance event or condition that has given rise to or which would reasonably be expected to give rise to, to any Losses for which it would have the right to seek indemnification that are indemnifiable hereunder.
Appears in 1 contract
Sources: Master Transaction Agreement (National General Holdings Corp.)