Common use of The Designated Clause in Contracts

The Designated. Shareholders acknowledge and agree that, if the Surviving Corporation suffers, incurs or otherwise becomes subject to any Damages as a result of or in connection with any inaccuracy in or breach of any representation, warranty, covenant or obligation, then (without limiting any of the rights of the Surviving Corporation as an Indemnitee) Parent shall also be deemed, by virtue of its ownership of the stock of the Surviving Corporation, to have incurred Damages as a result of and in connection with such inaccuracy or breach.

Appears in 4 contracts

Samples: Agreement and Plan of Merger and Reorganization (Eloquent Inc), Agreement and Plan of Merger and Reorganization (Clarent Corp/Ca), Merger Agreement (FVC Com Inc)

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The Designated. Shareholders acknowledge and agree that, if the Surviving Corporation suffers, incurs or otherwise becomes subject to any Damages as a result of or in connection with any inaccuracy in or breach of any representation, warranty, covenant or obligation, then (without limiting any of the rights of the Surviving Corporation as an Indemnitee) Parent shall also be deemed, by virtue of its ownership of the stock of the Surviving Corporation, to have incurred Damages as a result of and in connection with such inaccuracy or breach.or

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Lightspan Inc)

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