Payment of Deficiencies. The Indemnifying Parties hereby agree to pay the amount of established Deficiencies within fifteen calendar days after the establishment thereof. The amount of established Deficiencies shall be paid in cash. Any amounts not paid by the Indemnifying Party when due under this Section shall bear interest from and after the due date thereof until the date paid at a rate equal to the lesser of: (a) ten percent (10%) per annum; or (b) the highest legal rate permitted by applicable law. At the option of the Indemnitees, the Indemnitees may offset any Deficiency or any portion thereof that has not been paid by the Indemnifying Party to the Indemnitees against any obligation the Indemnitees, or any of them, may have to the Indemnifying Party, including, without limitation, the Holdback.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Maxwell Technologies Inc), Asset Purchase Agreement (Titan Corp)
Payment of Deficiencies. The Indemnifying Parties Party hereby agree agrees to pay the amount of established Deficiencies within fifteen calendar thirty (30) days after the establishment thereof. The amount of established Deficiencies shall be paid in cash. Any amounts not paid by the Indemnifying Party when due under this Section shall bear interest from and after the due date thereof until the date paid at a rate equal to the lesser of: (a) ten twelve percent (1012%) per annum; or annum and (b) the highest legal rate permitted by applicable law. At the option of the Indemnitees, the Indemnitees may offset any Deficiency or any portion thereof that has not been paid by the Indemnifying Party to the Indemnitees against any obligation the Indemnitees, or any other Party to the Indemnitees against any obligation the Indemnitees, or any of them, may have to the Indemnifying Party, including, without limitation, the HoldbackParty arising out of a Deficiency established pursuant to Section 9.4 hereof.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Metro Information Services Inc), Asset Purchase Agreement (Metro Information Services Inc)
Payment of Deficiencies. The Indemnifying Parties Party hereby agree ----------------------- agrees to pay the amount of established Deficiencies within fifteen calendar days after the establishment thereof. The amount of established Deficiencies shall be paid in cash. Any amounts not paid by the Indemnifying Party when due under this Section shall bear interest from and after the due date thereof until the date paid at a rate equal to the lesser of: (a) ten percent (10%) per annum; or (b) the highest legal rate permitted by applicable law. At the option of the IndemniteesIndemnities, the Indemnitees Indemnities may offset any Deficiency or any portion thereof that has not been paid by the Indemnifying Party to the Indemnitees Indemnities against any obligation the IndemniteesIndemnities, or any of them, may have to the Indemnifying Party, including, without limitation, the Holdback.
Appears in 1 contract
Samples: Asset Purchase Agreement (Loraca International Inc)
Payment of Deficiencies. The Indemnifying Parties Party hereby agree agrees to pay the amount of established Deficiencies within fifteen calendar thirty (30) days after the establishment thereof. The amount of established Deficiencies shall be paid in cash. Any amounts not paid by the Indemnifying INDEMNIFYING Party when due under this Section shall bear interest from and after the due date thereof until the date paid at a rate equal to the lesser of: (a) ten twelve percent (1012%) per annum; or annum and (b) the highest legal rate permitted by applicable law. At the option of the Indemnitees, the Indemnitees may offset any Deficiency or any portion thereof that has not been paid by the Indemnifying Party to the Indemnitees against any obligation the Indemnitees, or any other Party to the Indemnitees against any obligation the Indemnitees, or any of them, may have to the Indemnifying Party, including, without limitation, the HoldbackParty arising out of a Deficiency established pursuant to Section 9.4 hereof.
Appears in 1 contract
Samples: Asset Purchase Agreement (Metro Information Services Inc)