Payment of Indemnification. In the event that Parent, LuxCo or BHN are entitled to any indemnification pursuant to this Article, and Parent, LuxCo or BHN are unable to set off such indemnification pursuant to Section 10.5, Sellers may pay the amount of the indemnification (subject to the limitation set forth in Section 10.1) in shares of Parent Common Stock at Fair Market Value. Any payments by Sellers to a LuxCo Indemnitee will be treated as an adjustment to the Purchase Price.
Appears in 8 contracts
Samples: Stock Purchase Agreement (Prime Acquisition Corp), Stock Purchase Agreement (Prime Acquisition Corp), Stock Purchase Agreement (Prime Acquisition Corp)
Payment of Indemnification. In the event that Parent, LuxCo or BHN are entitled to any indemnification pursuant to this Article, and Parent, LuxCo or BHN are unable to set off such indemnification pursuant to Section 10.5, Sellers Seller may pay the amount of the indemnification (subject to the limitation set forth in Section 10.1) in shares of Parent Parent’s Common Stock at Fair Market Value. Any payments by Sellers Seller to a LuxCo Indemnitee will be treated as an adjustment to the Purchase Price.
Appears in 2 contracts
Samples: Purchase Agreement (Prime Acquisition Corp), Purchase Agreement (Prime Acquisition Corp)
