Resolution of Objections to Claims. (a) If the Shareholders’ Agent does not contest, by written notice to Acquirer, any claim or claims by Acquirer made in any Claim Certificate within the sixty (60)-day period following receipt of the Claim Certificate, then Acquirer shall retain an amount of cash from the Indemnity Holdback Fund having a total aggregate value equal to the amount of any Indemnifiable Damages corresponding to such claim or claims as set forth in such Claim Certificate.
Appears in 2 contracts
Samples: Share Purchase Agreement (Applovin Corp), Share Purchase Agreement (Applovin Corp)
Resolution of Objections to Claims. (a) If the Shareholders’ Agent does not contest, by written notice to Acquirer, any claim or claims by Acquirer made in any Claim Certificate within the sixty (60)-day 30-day period following receipt of the Claim Certificate, then the Escrow Agent shall, upon Acquirer’s direction and concurrently with notification to the Shareholders’ Agent, distribute to Acquirer shall retain an amount of cash from the Indemnity Holdback Escrow Fund having a total aggregate value equal to the amount of any Indemnifiable Damages corresponding to such claim or claims as set forth in such Claim Certificate.
Appears in 2 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement (Marin Software Inc)
Resolution of Objections to Claims. (a) If the ShareholdersStockholders’ Agent does not contest, by written notice to Acquirer, any claim or claims by Acquirer made in any Claim Certificate within the sixty (60)-day 20 Business Day period following receipt of the Claim Certificate, then Acquirer shall retain Setoff an amount of cash from the Indemnity Holdback Fund Deferred Payments having a total aggregate value equal to the amount of any Indemnifiable Damages corresponding to such claim or claims as set forth in such Claim Certificate.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Exponential Interactive, Inc.)
Resolution of Objections to Claims. (a) If the Shareholders’ Agent Seller does not contest, by written notice to AcquirerPurchaser, any claim or claims by Acquirer Purchaser made in any Claim Certificate within the sixty (60)-day 20-day period following receipt of the Claim Certificate, then Acquirer Purchaser shall retain claim an amount of cash from the Indemnity Holdback Fund Seller having a total aggregate value equal to the amount of any Indemnifiable Damages corresponding to such claim or claims as set forth in such Claim Certificate.
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Resolution of Objections to Claims. (a) If the ShareholdersStockholders’ Agent does not contest, by written notice to Acquirer, any claim or claims by Acquirer made in any Claim Certificate within the sixty (60)-day 30-day period following receipt of the such Claim Certificate, then the Escrow Agent shall, upon Acquirer’s direction, distribute to Acquirer shall retain an amount of cash from the Indemnity Holdback Escrow Fund having a total aggregate value equal to the amount of any Indemnifiable Damages corresponding to such claim or claims as set forth in such Claim Certificate.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Hewlett Packard Enterprise Co)
Resolution of Objections to Claims. (a) If the ShareholdersStockholders’ Agent does not contest, by written notice to Acquirer, any claim or claims by Acquirer made in any Claim Certificate within the sixty (60)-day 30-day period following receipt of the Claim Certificate, then the Escrow Agent shall, upon Acquirer’s direction, distribute to Acquirer shall retain an amount in cash and a number of cash shares of Acquirer Common Stock from the Indemnity Holdback Escrow Fund having a total aggregate value equal to the amount of any Indemnifiable Damages corresponding to such claim or claims as set forth in such Claim Certificate.
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Resolution of Objections to Claims. (a) If the ShareholdersStockholders’ Agent does not contest, by written notice to Acquirer, any claim or claims by Acquirer made in any Claim Certificate within the sixty (60)-day 30-day period following receipt of the Claim Certificate, then Acquirer shall retain reclaim an amount of cash from the Indemnity Indemnification Holdback Fund having a total aggregate value equal to the amount of any Indemnifiable Damages corresponding to such claim or claims as set forth in such Claim Certificate.
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Resolution of Objections to Claims. (a) If the ShareholdersStockholders’ Agent does not contest, by written notice to Acquirer, any claim or claims by Acquirer made in any Claim Certificate within the sixty (60)-day 30-day period following receipt of the Claim Certificate, then Acquirer and the Stockholders’ Agent shall retain an amount of cash from deliver a Joint Instruction to the Indemnity Holdback Fund having a total aggregate value equal Escrow Agent directing the Escrow Agent to distribute to Acquirer to the amount of any Indemnifiable Damages corresponding to such claim or claims as set forth in such Claim Certificate.
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