Tax Treatment of Indemnity. Notwithstanding anything to the contrary in this Article IX, any Tax or other amount for which indemnification is provided under this Agreement shall be treated as an adjustment to the Option Purchase Price or the Put Purchase Price, as the case may be.
Appears in 2 contracts
Samples: Option and Put Agreement (Vivus Inc), Option and Put Agreement (Vivus Inc)
Tax Treatment of Indemnity. Notwithstanding anything to the contrary in this Article IXVIII, any Tax or other amount for which indemnification is provided under this Agreement shall be treated as an adjustment to the Option Purchase Price or the Put Purchase Price, as the case may be.
Appears in 1 contract
Samples: Stock Purchase Agreement (MiddleBrook Pharmaceuticals, Inc.)
Tax Treatment of Indemnity. Notwithstanding anything to the contrary in this Article IXARTICLE VIII, any Tax or other amount for which indemnification is provided under this Agreement shall be treated as an adjustment to the Option Purchase Price or the Put Purchase Price, as the case may be.
Appears in 1 contract
Samples: Stock Purchase Agreement (MiddleBrook Pharmaceuticals, Inc.)
