Common use of Profit Limitation Clause in Contracts

Profit Limitation. (a) Notwithstanding any other provision in this Agreement or the Reorganization Agreement, in no event shall Parent's Total Profit (as defined below) exceed $6,000,000 (the "Maximum Profit") and, if Parent's Total Profit otherwise would exceed the Maximum Profit, Parent, at its sole discretion, shall either (i) reduce the number of Option Shares subject to the Option, (ii) deliver to the Company for cancellation Option Shares (or other securities into which such Option Shares are converted or exchanged) previously purchased by Parent, (iii) pay cash to the Company, or (iv) any combination of the foregoing, so that Parent's actually realized Total Profit shall not exceed the Maximum Profit after taking into account the foregoing actions.

Profit Limitation. (a) Notwithstanding any other provision in of this Agreement or the Reorganization Merger Agreement, in no event shall Parent's Total Profit (as defined below) exceed $6,000,000 400 million (the "Maximum ProfitAmount") and, if Parent's Total Profit it otherwise would exceed the such Maximum ProfitAmount, Parent, Parent at its sole discretion, shall either election may (i) reduce the number of Option Shares subject pay cash to the OptionCompany, (ii) deliver to the Company for cancellation Option Shares (or other securities into which such Option Shares are converted or exchanged) previously purchased by Parent, or (iii) pay cash to the Company, or (iv) any combination of the foregoingthereof, so that Parent's actually realized Total Profit (as defined below) shall not exceed the Maximum Profit Amount after taking into account the foregoing actions.

Profit Limitation. (a) Notwithstanding any other provision in of this Agreement or the Reorganization Merger Agreement, in no event shall Parent's Total Profit (as defined below) exceed $6,000,000 1,100,000,000 (the "Maximum ProfitAmount") and, if Parent's Total Profit it otherwise would exceed the such Maximum ProfitAmount, Parent, Parent at its sole discretion, shall either election may (i) reduce the number of Option Shares subject pay cash to the OptionCompany, (ii) deliver to the Company for cancellation Option Shares (or other securities into which such Option Shares are converted or exchanged) previously purchased by Parent, or (iii) pay cash to the Company, or (iv) any combination of the foregoingthereof, so that Parent's actually realized Total Profit (as defined below) shall not exceed the Maximum Profit Amount after taking into account the foregoing actions.