Common use of Payment of Losses Clause in Contracts

Payment of Losses. The Claimant shall be paid in cash by the Indemnifying Party the amount to which the Claimant may become entitled by reason of the provisions of this ARTICLE XII, within fifteen (15) days after such amount is determined either by mutual agreement of the parties or pursuant to the arbitration proceeding described in SECTION 12.04 of this Agreement or on the date on which both such amount and Claimant's obligation to pay such amount have been determined by a final judgment of a court or administrative body having jurisdiction over such proceeding.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Argosy Gaming Co)

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Payment of Losses. The Claimant Indemnifying Party shall be paid pay to the Claiming Party in cash by the Indemnifying Party the amount to which the Claimant Claiming Party may become entitled by reason of the provisions of this ARTICLE XIIArticle IX, such payment to be made within fifteen ten (1510) days after such amount is finally determined either by mutual agreement of the parties or pursuant to the arbitration proceeding described in SECTION 12.04 of this Agreement or on the date on which both such amount and Claimant's obligation to pay such amount have been determined by a final unappealable judgment of a court or administrative body having jurisdiction over such proceedingof competent jurisdiction.

Appears in 1 contract

Samples: Stock Purchase Agreement (Brightpoint Inc)

Payment of Losses. The Indemnifying Party shall pay to the Claimant shall be paid in cash by the Indemnifying Party the amount to which the Claimant may become entitled by reason of the provisions of this ARTICLE XII, within fifteen (15) days 15 Business Days after such amount is determined either by mutual agreement of the parties or pursuant to the arbitration proceeding described in SECTION 12.04 of this Agreement or on the date on which both such amount and Claimant's obligation to pay such amount have been determined by a final final, non-appealable judgment of a court or administrative body having jurisdiction over such proceeding.

Appears in 1 contract

Samples: Stock Purchase Agreement (Keene Creditors Trust)

Payment of Losses. The Claimant shall be paid in cash by the Indemnifying Party shall pay to the Claimant in immediately available cash the amount to which the Claimant may become entitled by reason of the provisions of this ARTICLE XIIArticle 6, such payment to be made within fifteen (15) business days after such amount is finally determined either by mutual agreement of the parties Parties or pursuant to the arbitration proceeding described in SECTION 12.04 of this Agreement judgment or on the date on which both such amount and Claimant's obligation to pay such amount have been determined by a final judgment Order of a court or administrative body having jurisdiction over such proceeding.of competent jurisdiction. Notwithstanding the foregoing, any amount to which Buyer becomes entitled by reason of the provisions of this Article 6 shall be paid as follows:

Appears in 1 contract

Samples: Asset Purchase Agreement (Applied Dna Sciences Inc)

Payment of Losses. The Indemnifying Party shall pay to the Claimant shall be paid in cash by the Indemnifying Party the amount to which the Claimant may become entitled by reason of the provisions of this ARTICLE XII, Article VII within fifteen (15) business days after such amount is finally determined either by mutual agreement of the parties or pursuant to the arbitration proceeding described in SECTION 12.04 of this Agreement or on the date on which both such amount and Claimant's ’s obligation to pay such amount have been determined by a final judgment of a the trial court or administrative body having jurisdiction over such proceedingProceeding.

Appears in 1 contract

Samples: Asset Purchase Agreement (Comcam Inc)

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Payment of Losses. The Claimant shall be paid in cash by the Indemnifying Party shall pay to the Claimant in immediately available funds the amount to which the Claimant may become entitled by reason of the provisions of this ARTICLE XII, Article 8 within fifteen (15) days Business Days after such amount is finally determined either by mutual agreement of the parties or pursuant to or, in the arbitration proceeding case of an Indemnity Loss described in SECTION 12.04 of this Agreement or on any Litigation Notice, the date on which both such amount and Claimant's ’s obligation to pay such amount have been determined by a final final, non-appealable judgment of a the trial court or administrative body having jurisdiction over such proceedingProceeding.

Appears in 1 contract

Samples: Asset Purchase Agreement (Irwin Financial Corp)

Payment of Losses. The Claimant shall be paid in cash by the Indemnifying Party the amount to which the Claimant may become entitled by reason of the provisions of this ARTICLE Article XII, within fifteen (15) days after such amount is determined either by mutual agreement of the parties or pursuant to the arbitration proceeding described in SECTION Section 12.04 of this Agreement or on the date on which both such amount and Claimant's obligation to pay such amount have been determined by a final judgment of a court or administrative body having jurisdiction over such proceeding.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Horseshoe Gaming Holding Corp)

Payment of Losses. The Indemnifying Party shall pay to the Claimant shall be paid in cash by the Indemnifying Party the amount to which the Claimant may become entitled by reason of the provisions of this ARTICLE Article XII, within fifteen (15) days 15 Business Days after such amount is determined either by mutual agreement of the parties or pursuant to the arbitration proceeding described in SECTION 12.04 of this Agreement or on the date on which both such amount and Claimant's obligation to pay such amount have been determined by a final final, non-appealable judgment of a court or administrative body having jurisdiction over such proceeding.

Appears in 1 contract

Samples: Stock Purchase Agreement (Massachusetts Mutual Life Insurance Co)

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