Common use of Payments; Indemnification Escrow Fund Clause in Contracts

Payments; Indemnification Escrow Fund. (a) Once a Loss is agreed to by the Indemnifying Party or finally adjudicated to be payable pursuant to this Article VI, the Indemnifying Party shall satisfy its obligations within fifteen (15) Business Days of such final, non-appealable adjudication by wire transfer of immediately available funds. The parties hereto agree that should an Indemnifying Party not make full payment of any such obligations within such fifteen (15) Business Day period, any amount payable shall accrue interest from and including the date of agreement of the Indemnifying Party or final, non-appealable adjudication to but excluding the date such payment has been made at a rate per annum equal to ten percent (10%). Such interest shall be calculated daily on the basis of a 365 day year and the actual number of days elapsed. (b) Any Losses payable to a Buyer Indemnitee pursuant to this Article VI shall be satisfied: (i) first from the Indemnification Escrow Fund; and (ii) second from a Seller to the extent the amount of Losses exceeds the amounts available to the Buyer Indemnitee from the Indemnification Escrow Fund.

Payments; Indemnification Escrow Fund. (a) Once a Loss is agreed to by the Indemnifying Party or finally adjudicated to be payable pursuant to this Article VIX, the Indemnifying Party shall satisfy its obligations within fifteen (15) 15 Business Days of such final, non-appealable adjudication by wire transfer of immediately available funds. The parties hereto agree that should an Indemnifying Party not make full payment of any such obligations within such fifteen (15) 15 Business Day period, any amount payable shall accrue interest from and including the date of agreement of the Indemnifying Party or final, non-appealable adjudication to but excluding and including the date such payment has been made at a rate per annum equal to ten percent (1012%). Such interest shall be calculated daily on the basis of a 365 day year and the actual number of days elapsed. (b) Any Losses payable to a Buyer Indemnitee pursuant to this Article VI ARTICLE X shall be satisfied: (i) first from the Indemnification Escrow Fund; Fund solely with respect to Losses under Section 10.2(c) and (ii) second from a Seller to the extent the amount of Losses exceeds the amounts available to the Buyer Indemnitee from in the Indemnification Escrow Fund, from Sellers. All other Losses payable to a Buyer Indemnitee shall be satisfied in either cash or Parent Common Stock. The Common Stock shall be valued at $2 per share.

Payments; Indemnification Escrow Fund. (a) Once a Loss loss is agreed to by the Indemnifying Party or finally adjudicated to be payable pursuant to this Article VI, the Indemnifying Party shall satisfy its obligations within fifteen (15) 15 Business Days of such final, non-appealable adjudication by wire transfer of immediately available funds. The parties hereto agree that should an Indemnifying Party not make full payment of any such obligations within such fifteen (15) 15 Business Day period, any amount payable shall accrue interest from and including the date of agreement of the Indemnifying Party or final, non-appealable adjudication to but excluding the date such payment has been made at a rate per annum equal to ten percent (10%). Such interest shall be calculated daily on the basis of a 365 365-day year and the actual number of days elapsed. (b) Any Losses losses payable to a the Buyer Indemnitee pursuant to this Article ARTICLE VI shall be satisfied: (i) first from the Indemnification Escrow FundAgreement; and (ii) second from a Seller to the extent the amount of Losses losses exceeds the amounts available to the Buyer Indemnitee pursuant to the Escrow Agreement, from the Indemnification Escrow FundSeller.

Payments; Indemnification Escrow Fund. (a) Once a Loss is agreed to by the Indemnifying Party or finally adjudicated to be payable pursuant to this Article VIARTICLE VIII, the Indemnifying Party shall satisfy its obligations within fifteen (15) 15 Business Days of such final, non-appealable adjudication by wire transfer of immediately available funds. The parties hereto agree that should an Indemnifying Party not make full payment of any such obligations within such fifteen (15) 15 Business Day period, any amount payable shall accrue interest from and including the date of agreement of the Indemnifying Party or final, non-appealable adjudication to but excluding and including the date such payment has been made at a rate per annum equal to ten percent (1015%). Such interest shall be calculated daily on the basis of a 365 day year and the actual number of days elapsed. (b) Any Losses payable to a Buyer Indemnitee pursuant to this Article VI ARTICLE VIII shall be satisfied: (i) first from the Indemnification Escrow Fund; and (ii) second from a Seller to the extent the amount of Losses exceeds the amounts available to the Buyer Indemnitee from in the Indemnification Escrow Fund, from Seller.

Payments; Indemnification Escrow Fund. (a) Once a Loss is agreed to by the Indemnifying Party or finally adjudicated (with all appeals exhausted) to be payable pursuant to this Article VIARTICLE VIII, the Indemnifying Party shall satisfy its obligations within fifteen (15) 15 Business Days of such final, non-appealable adjudication by wire transfer of immediately available funds. The parties hereto agree that should an Indemnifying Party not make full payment of any such obligations within such fifteen (15) 15 Business Day period, any amount payable shall accrue interest from and including the date of agreement of the Indemnifying Party or final, non-appealable adjudication to but excluding and including the date such payment has been made at a rate per annum equal to ten percent (106%). Such interest shall be calculated daily on the basis of a 365 day year and the actual number of days elapsed. (b) Any Losses payable to a Buyer Indemnitee pursuant to this Article VI ARTICLE VIII shall be satisfied: (i) first from the Indemnification Escrow Fund; and (ii) second from a Seller to the extent the amount of Losses exceeds the amounts available to the Buyer Indemnitee from in the Indemnification Escrow Fund, from Sellers, jointly and severally .

Payments; Indemnification Escrow Fund. (a) Once a Loss is agreed to by the Indemnifying Party or finally adjudicated to be payable pursuant to this Article VIVIII, the Indemnifying Party shall satisfy its obligations within fifteen (15) Business Days of such final, non-appealable adjudication by wire transfer of immediately available funds. The parties hereto agree that should an Indemnifying Party not make full payment of any such obligations within such fifteen (15) -Business Day period, any amount payable shall accrue interest from and including the date of agreement of the Indemnifying Party or final, non-appealable adjudication to but excluding and including the date such payment has been made at a rate per annum equal to ten five percent (105%)) per annum. Such interest shall be calculated daily on the basis of a 365 365-day year and the actual number of days elapsed. (b) Any Losses payable to a Buyer Indemnitee pursuant to this Article VI VIII shall be satisfied: (i) first from the Indemnification Escrow Fund; and (ii) second from a Seller to the extent the amount of Losses exceeds the amounts available to the Buyer Indemnitee from in the Indemnification Escrow Fund, from Seller.

Payments; Indemnification Escrow Fund. (a) Once a Loss is agreed to by the Indemnifying Party or finally adjudicated to be payable pursuant to this Article VIARTICLE VIII, the Indemnifying Party shall satisfy its obligations within fifteen (15) five Business Days of such final, non-appealable adjudication by wire transfer of immediately available funds. The parties hereto agree that should an Indemnifying Party not make full payment of any such obligations within such fifteen (15) five Business Day period, any amount payable shall accrue interest from and including the date of agreement of the Indemnifying Party or final, non-appealable adjudication to but excluding the date such payment has been made at a rate per annum equal to ten percent (108%). Such interest shall be calculated daily on the basis of a 365 day year and the actual number of days elapsed. (b) Any Losses payable to a Buyer Indemnitee pursuant to this Article VI ARTICLE VIII shall be satisfied: (i) first from the Indemnification Escrow Fund; and (ii) second from a Seller to the extent the amount of Losses exceeds the amounts available to the Buyer Indemnitee from in the Indemnification Escrow Fund, by the Seller Parties in accordance with the terms of this ARTICLE VIII.

Payments; Indemnification Escrow Fund. (a) Once a Loss is agreed to by the Indemnifying Party or finally adjudicated to be payable pursuant to this Article VIARTICLE VIII, the Indemnifying Party shall satisfy its obligations within fifteen (15) Business Days of such final, non-appealable adjudication by wire transfer of immediately available funds. The parties hereto agree that should an Indemnifying Party not make full payment of any such obligations within such fifteen (15) Business Day period, any amount payable shall accrue interest from and including the date of agreement of the Indemnifying Party or final, non-appealable adjudication to but excluding and including the date such payment has been made at a rate per annum equal to ten two percent (102.0%). Such interest shall be calculated daily on the basis of a 365 day year and the actual number of days elapsed. (b) Any Losses payable to a Buyer Indemnitee pursuant to this Article VI ARTICLE VIII shall be satisfied: (i) first from the Indemnification Escrow Fund; and (ii) second from a Seller to the extent the amount of Losses exceeds the amounts available to the Buyer Indemnitee from in the Indemnification Escrow Fund, from Seller.

Payments; Indemnification Escrow Fund. (ai) Once a Loss is agreed to by the Indemnifying Party Seller and Purchaser or is otherwise finally adjudicated to be payable pursuant to this Article VISection 9.3, the Indemnifying Party Seller shall satisfy its obligations within fifteen (15) 15 Business Days of such final, non-appealable adjudication by wire transfer of immediately available funds. The parties hereto agree that should an Indemnifying Party Seller not make full payment of any such obligations within such fifteen (15) 15 Business Day period, any amount payable shall accrue interest from and including the date of agreement of the Indemnifying Party or final, non-appealable adjudication to but excluding and including the date such payment has been made at a rate per annum equal to ten percent (105%). Such interest shall be calculated daily on the basis of a 365 day year and the actual number of days elapsed. (bii) Any Losses payable to a Buyer Purchaser Indemnitee pursuant to this Article VI Section 9.3 shall be satisfied: (i) first from the Indemnification Escrow Fund; and (ii) second from a Seller to the extent the amount of Losses exceeds the amounts available to the Buyer Purchaser Indemnitee from in the Indemnification Escrow Fund, from Seller.

Payments; Indemnification Escrow Fund. (a) Once a Loss is agreed to by the Indemnifying Party or finally adjudicated to be payable pursuant to this Article VIARTICLE VIII, the Indemnifying Party shall satisfy its obligations within fifteen (15) 15 Business Days of such final, non-appealable adjudication by wire transfer of immediately available funds. The parties hereto agree that should an Indemnifying Party not make full payment of any such obligations within such fifteen (15) 15 Business Day period, any amount payable shall accrue interest from and including the date of agreement of the Indemnifying Party or final, non-appealable adjudication to but excluding and including the date such payment has been made at a rate per annum equal to ten percent (1015%). Such interest shall be calculated daily on the basis of a 365 365-day year and the actual number of days elapsed. (b) Any Losses payable to a Buyer Indemnitee pursuant to this Article VI ARTICLE VIII shall be satisfied: (i) first from the Indemnification Escrow Fund; and (ii) second from a Seller to the extent the amount of Losses exceeds the amounts available to the Buyer Indemnitee from in the Indemnification Escrow Fund, from Seller.