Payment of Damages. The indemnifying party shall pay to the indemnified party in immediately available funds any amounts to which the indemnified party may become entitled by reason of the provisions of this Agreement, such payment to be made within five days after any such amounts are finally determined either by mutual agreement of the parties hereto or pursuant to the final unappealable judgment of a court of competent jurisdiction.
Appears in 14 contracts
Samples: Stock Purchase Agreement (Overstock Com Inc), Agreement and Plan of Merger (Castle Dental Centers Inc), Asset Purchase Agreement (Castle Dental Centers Inc)
Payment of Damages. The indemnifying party Indemnifying Party shall pay to the indemnified party Indemnified Party in immediately available funds any amounts to which the indemnified party Indemnified Party may become entitled by reason of the provisions of this Agreement, such payment to be made within five (5) days after any such amounts are finally determined either by mutual agreement of the parties Parties hereto or pursuant to the final unappealable non-appealable judgment of a court of competent jurisdiction.
Appears in 11 contracts
Samples: License Agreement, License Agreement (International Stem Cell CORP), License Agreement (International Stem Cell CORP)
Payment of Damages. The indemnifying party shall pay to the indemnified party in immediately available funds any amounts to which the indemnified party may become entitled by reason of the provisions of this Agreement, such payment to be made within five days after any such amounts are finally determined either by mutual agreement of the parties hereto or pursuant to the final unappealable judgment of a court of competent jurisdiction. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all tax benefits and other reimbursements credited to or received by the other party related to the Damages.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Ferrellgas Partners L P), Stock and Asset Purchase Agreement (Kinder Morgan Inc), Stock Purchase Agreement (Chell Group Corp)
Payment of Damages. The indemnifying party shall pay to the indemnified party in immediately available funds any amounts to which the indemnified party may become entitled by reason of the provisions of this Agreement, such payment to be made within five (5) days after any such amounts are finally determined either by mutual agreement of the parties hereto or pursuant to the final unappealable nonappealable judgment of a court of competent jurisdiction.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Aviation Group Inc), Stock Purchase Agreement (Aviation Group Inc), Stock Purchase Agreement (Aviation Group Inc)
Payment of Damages. The indemnifying party shall pay to the ------------------ indemnified party in immediately available funds any amounts to which the indemnified party may become entitled by reason of the provisions of this Agreement, such payment to be made within five (5) days after any such amounts are finally determined either by mutual agreement of the parties hereto or pursuant to the final unappealable judgment of a court of competent jurisdiction. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all tax benefits and other reimbursements credited to or received by the other party related to such damages.
Appears in 1 contract
Samples: Stock Purchase Agreement (Prosperity Bancshares Inc)
Payment of Damages. The indemnifying party shall pay to the indemnified party in immediately available funds any amounts to which the indemnified party may become entitled by reason of the provisions of this AgreementArticle 6, such payment to be made within five days after any such amounts are finally determined either by mutual agreement of the parties hereto or pursuant to the final unappealable judgment of a court of competent jurisdiction.. 6.8
Appears in 1 contract
Samples: Dry Scrubber Ash Service Agreement (Indiantown Cogeneration Lp)
Payment of Damages. The indemnifying party shall pay to the indemnified party in immediately available funds any amounts to which the indemnified party may become entitled by reason of the provisions of this AgreementArticle 9, such payment to be made within five days after any such amounts are finally determined either by mutual agreement of the parties hereto or pursuant to the final unappealable judgment of a court of competent jurisdiction.
Appears in 1 contract
Payment of Damages. The indemnifying party shall pay to the indemnified party in immediately available funds any amounts to which the indemnified party may become entitled by reason of the provisions of this Agreement, such payment to be made within five (5) days after any such amounts are finally determined either by mutual agreement of the parties hereto or pursuant to the final unappealable non-appealable judgment of a court of competent jurisdiction.
Appears in 1 contract
Payment of Damages. The indemnifying party shall pay to the indemnified party in immediately available funds any amounts to which the indemnified party may become entitled by reason of the provisions of this Agreement, such payment to be made within five days after any such amounts are finally determined either by mutual agreement of the parties hereto or pursuant to the final unappealable non-appealable judgment of a court of competent jurisdiction. In calculating any amount to be paid by an indemnifying party by reason of the provisions of this Agreement, the amount shall be reduced by all tax benefits and other reimbursements credited to or received by the other party related to the Damages.
Appears in 1 contract
Samples: Stock Purchase Agreement (Catalyst Energy Services Inc)