Common use of Sponsor, Parent and Sub Maximum Liability Clause in Contracts

Sponsor, Parent and Sub Maximum Liability. Except as set forth in Section 7.09(d) and Section 9.03(g), the maximum aggregate liability of Sponsor, Parent and Sub for monetary damages or other remedies in connection with this Agreement or any of the transactions contemplated hereby (including the Financing) shall be limited to the Parent Termination Fee, and in no event shall the Company seek or obtain, nor shall it permit any of the Representatives or any other Person on its or their behalf to seek or obtain, nor shall any Person be entitled to seek or obtain, any monetary recovery or award aggregating in excess of the Parent Termination Fee against Sponsor, Parent or Sub, and in no event shall the Company or any of its Subsidiaries be entitled to seek or obtain any monetary damages of any kind aggregating in excess of the Parent Termination Fee against Sponsor, Parent or Sub, including consequential, special, indirect or punitive damages for, or with respect to, this Agreement, the Equity Commitment Letter or the Limited Guarantee or the transactions contemplated hereby and thereby (including, any breach by Sponsor, Parent or Sub), the termination of this Agreement, the failure to consummate the transactions contemplated by this Agreement or any claims or actions under applicable Law arising out of any such breach, termination or failure; provided, however, that in no event shall the Company be entitled to both (x) the receipt of the Parent Termination Fee or recovery of monetary damages against Sponsor, Parent or Sub, and (y) specific enforcement of this Agreement.

Sponsor, Parent and Sub Maximum Liability. Except as set forth in Section 7.09(d) and Section 9.03(g9.03(f), the maximum aggregate liability of Sponsor, Parent and Sub for monetary damages or other remedies in connection with this Agreement or any of the transactions contemplated hereby (including the Financing) shall be limited to the $ 30,000,000 (“Parent Termination FeeLiability Limitation”), and in no event shall the Company seek or obtain, nor shall it permit any of the Representatives or any other Person on its or their behalf to seek or obtain, nor shall any Person be entitled to seek or obtain, any monetary recovery or award aggregating in excess of the Parent Termination Fee Liability Limitation against Sponsor, Parent or Sub, and in no event shall the Company or any of its Subsidiaries be entitled to seek or obtain any monetary damages of any kind aggregating in excess of the Parent Termination Fee Liability Limitation against Sponsor, Parent or Sub, including consequential, special, indirect or punitive damages for, or with respect to, this Agreement, the Equity Commitment Letter or the Limited Guarantee or the transactions contemplated hereby and thereby (including, any breach by Sponsor, Parent or Sub), the termination of this Agreement, the failure to consummate the transactions contemplated by this Agreement or any claims or actions under applicable Law arising out of any such breach, termination or failure; provided, however, that in no event shall the Company be entitled to both (x) the receipt of the Parent Termination Fee or recovery of monetary damages against Sponsor, Parent or Sub, and (y) specific enforcement of this Agreement.

Sponsor, Parent and Sub Maximum Liability. Except as set forth in Section 7.09(d) and Section 9.03(g), the The maximum aggregate liability of Sponsor, Parent and Sub for monetary damages or other remedies in connection with this Agreement Agreement, the Equity Undertaking Letter, the Limited Guarantee or any of the transactions contemplated hereby Transactions (including the FinancingEquity Financing and the Exchange Transactions) shall be shall be limited to $34,180,000 (the Parent Termination Fee“Sponsor Maximum Monetary Liability”), and in no event shall the Company seek or obtain, nor shall it permit any of the its Representatives or any other Person on its or their behalf (including the Xxxxxxxxxx Funds) to seek or obtain, nor shall any Person be entitled to seek or obtain, any monetary recovery or award aggregating in excess of the Parent Termination Fee Sponsor Maximum Monetary Liability against Sponsor, Parent or Sub, and in no event shall the Company or any of its Subsidiaries or any Person (including the Xxxxxxxxxx Funds) be entitled to seek or obtain any monetary damages of any kind aggregating in excess of the Parent Termination Fee Sponsor Maximum Monetary Liability against Sponsor, Parent or Sub, including consequential, special, indirect or punitive damages for, or with respect to, this Agreement, the Limited Guarantee, the Equity Commitment Undertaking Letter or the Limited Guarantee Exchange Agreement or the transactions contemplated hereby and thereby (including, Transactions including damages arising out of or relating to any breach by Sponsor, Parent or Sub), the termination of this Agreement, the failure to consummate the transactions contemplated by this Agreement or any claims or actions under applicable Law arising out of any such breach, termination or failure; provided, however, that in no event shall the Company be entitled to both (x) the receipt of the Parent Termination Fee or recovery of monetary damages against Sponsor, Parent or Sub, and (y) specific enforcement of this Agreement.