No Bar. If the Held Back Shares are insufficient to set off any claim for Indemnifiable Damages made hereunder (or have been delivered to the Shareholders prior to the making or resolution of such claim), then Republic may take any action or exercise any remedy available to it by appropriate legal proceedings to collect the Indemnifiable Damages.
Appears in 2 contracts
Samples: Merger Agreement (Republic Industries Inc), Merger Agreement (Republic Industries Inc)
No Bar. If the Held Back Shares are insufficient to set off any claim for Indemnifiable Damages made hereunder (or have been delivered to the Shareholders Shareholder prior to the making or resolution of such claim), then Republic may take any action or exercise any remedy available to it by appropriate legal proceedings to collect the Indemnifiable Damages.
Appears in 2 contracts
Samples: Merger Agreement (Republic Industries Inc), Merger and Reorganization Agreement (Republic Industries Inc)
No Bar. If the Held Back Shares and any Cash Collateral are insufficient to set off any claim for Indemnifiable Damages made hereunder (or have been delivered to the Shareholders prior to the making or resolution of such claim), then Republic may take any action or exercise any remedy available to it by appropriate legal proceedings to collect the Indemnifiable DamagesDamages (subject to the limitations set forth in Section 9.1 above).
Appears in 1 contract
No Bar. If the Held Back Shares are insufficient to set off any claim for Indemnifiable Damages made hereunder (or have been delivered to the Shareholders holders prior to the making or resolution of such claim), then Republic may take any action or exercise any remedy available to it by appropriate legal proceedings to collect the Indemnifiable Damages.
Appears in 1 contract
Samples: Merger and Acquisition Agreement (Republic Industries Inc)