Satisfaction of Indemnification Claim. In the event either party had any liability (for indemnification or otherwise) to the other party under this Section 8, the indemnifying party shall satisfy such liability first, by delivering to such Indemnitee the number of shares of OAK BROOK determined by dividing (a) the aggregate dollar amount of such liability by (b) the average closing price of OAK BROOK as reported for the ten trading days preceding the date such liability is satisfied, and second, to the extent shares of OAK BROOK are not available to satisfy in full such liability, then such difference in cash.
Appears in 3 contracts
Samples: Agreement and Plan (Alpha Fibre Inc), Plan and Agreement (Pvaxx Corp), Plan and Agreement (Pvaxx Corp)
Satisfaction of Indemnification Claim. In the event either party had any liability (for indemnification or otherwise) to the other party under this Section 8, the indemnifying party shall satisfy such liability first, by delivering to such Indemnitee the number of shares of OAK BROOK PROVIDENCE determined by dividing (a) the aggregate dollar amount of such liability by (b) the average closing price of OAK BROOK PROVIDENCE as reported for the ten trading days preceding the date such liability is satisfied, and second, to the extent shares of OAK BROOK PROVIDENCE are not available to satisfy in full such liability, then such difference in cash.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (United American Companies Inc), Agreement and Plan (Lifelong Com Inc)
Satisfaction of Indemnification Claim. In the event either party had any liability (for indemnification or otherwise) to the other party under this Section 8, the indemnifying party shall satisfy such liability first, by delivering to such Indemnitee the number of shares of OAK BROOK PROVIDENCE determined by dividing (a) the aggregate dollar amount of such liability by (b) the average closing price of OAK BROOK PROVIDENCE as reported for the ten trading days preceding the date such liability is satisfied, and second, to the extent shares of OAK BROOK PROVIDENCE are not available to satisfy in full such liability, then such difference in cash.. 8.5
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (Providence Capital I Inc)
