Common use of Percentage Recovery Clause in Contracts

Percentage Recovery. (i) If cumulative Company Level Losses under Sections 3(a), 3(c), 4(a)(W) and 4(a)(Z) exceed the Holder Basket, the indemnification amount to be paid to the applicable RSI Indemnitees shall be equal to RSI's Indemnification Share of the entire amount of Company Level Losses. In all events, 100% of the entire amount of Losses under Sections (4)(a)(X) and 4(a)(Y) shall be paid to the applicable RSI Indemnitees.

Appears in 3 contracts

Samples: Indemnification and Escrow Agreement (Vantas Inc), Indemnification and Escrow Agreement (Reckson Services Industries Inc), Indemnification and Escrow Agreement (Carramerica Realty Corp)

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Percentage Recovery. (i) If cumulative Company Level Losses under Sections 3(a), 3(c), 4(a)(W) and 4(a)(Z) exceed the Holder Basket, the indemnification amount to be paid to the applicable RSI Indemnitees shall be equal to RSI's Indemnification Share of the entire amount of Company Level Losses. In all eventsevents (other than as expressly limited to RSI's Indemnification Share in Section 4(a)(X)), 100% of the entire amount of Losses under Sections (4)(a)(X) and 4(a)(Y) shall be paid to the applicable RSI Indemnitees.

Appears in 2 contracts

Samples: Indemnification and Escrow Agreement (Carramerica Realty Corp), Indemnification and Escrow Agreement (Frontline Capital Group)

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Percentage Recovery. (i) If cumulative Company Level Losses under Sections 3(a), 3(c), 4(a)(W) and 4(a)(Z) exceed the Holder Basket, the indemnification amount to be paid to the applicable RSI Indemnitees shall be equal to RSI's ’s Indemnification Share of the entire amount of Company Level Losses. In all eventsevents (other than as expressly limited to RSI’s Indemnification Share in Section 4(a)(X)), 100% of the entire amount of Losses under Sections (4)(a)(X) and 4(a)(Y) shall be paid to the applicable RSI Indemnitees.

Appears in 1 contract

Samples: Indemnification and Escrow Agreement (Carramerica Realty Corp)

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