Common use of Net Financial Benefit Clause in Contracts

Net Financial Benefit. To the extent the Buyer or any of its Affiliates (or the Companies as from the Closing Date) have effectively received any savings or net quantifiable benefit arising directly from certain Damages or the facts giving rise to such Damages (for example, where the amount, if any, by which any Tax for which the Buyer, any of its Affiliates or the Companies – as from the Closing Date – would otherwise have been accountable or liable to be assessed is actually reduced or extinguished as a direct result of the matter giving rise to such liability), the Seller shall only be obliged to indemnify for Misrepresentation in an amount equivalent to the Damages less the amount of the relevant savings or net quantifiable benefit.

Appears in 4 contracts

Samples: German Maintenance Agreement (American Tower Corp /Ma/), Agreement (Telefonica S A), Agreement (Telefonica S A)

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