Common use of Profit Limitation Clause in Contracts

Profit Limitation. (a) Notwithstanding any other provision of this Stock Option Agreement, in no event shall Parent's Total Profit (as hereinafter defined) exceed $255,090,070 and, if it otherwise would exceed such amount, Parent, at its sole election, shall either (a) deliver to the Company for cancellation Shares previously purchased by Parent, (b) pay cash to the Company or (c) undertake any combination thereof, so that Parent's Total Profit shall not exceed $255,090,070 after taking into account the foregoing actions.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Burr Brown Corp), Stock Option Agreement (Texas Instruments Inc), Stock Option Agreement (Burr Brown Corp)

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Profit Limitation. (a) Notwithstanding any other provision of this Stock Option Agreement, in no event shall Parent's Total Profit (as hereinafter defined) exceed $255,090,070 55,600,000 and, if it otherwise would exceed such amount, Parent, at its sole election, shall either (a) deliver to the Company for cancellation Shares previously purchased by Parent, (b) pay cash to the Company or (c) undertake any combination thereof, so that Parent's Total Profit shall not exceed $255,090,070 55,600,000 after taking into account the foregoing actions.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Unitrode Corp), Agreement and Plan of Merger (Texas Instruments Inc), Stock Option Agreement (Unitrode Corp)

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Profit Limitation. (a) Notwithstanding any other provision of this Stock Option Agreement, in no event shall the Parent's Total Profit (as hereinafter defined) exceed $255,090,070 9 million and, if it otherwise would exceed such amount, the Parent, at its sole election, shall either (a) deliver to the Company for cancellation Shares previously purchased by Parent, (b) pay cash or other consideration to the Company or (c) undertake any combination thereof, so that Parent's Total Profit shall not exceed $255,090,070 9 million after taking into account the foregoing actions.

Appears in 2 contracts

Samples: Stock Option Agreement (Protection One Inc), Stock Option Agreement (Protection One Acquistion Holding Corp)

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