Examples of Agreed Portion in a sentence
In the event that, pursuant to Section 2.2(b), the Stockholder shall (i) dispute that the Parent Covered Party is entitled to receive any of the Asserted Damages Amount, or (ii) agree that the Parent Covered Party is entitled only to receive the Agreed Portion of the Asserted Damages Amount, the Stockholder and Parent shall attempt in good faith to agree upon the rights of the respective parties with respect to the Claim that comprises an Asserted Damages Amount.
In the event that the Indemnifying Party disputes the Claimed Amount (or the portion of the Claimed Amount not comprising the Agreed Portion), such dispute will be governed by, and subject to the terms of, [Section 15.10] hereof.
In the event that the Company shall (i) dispute that the Purchaser Indemnitee is entitled to receive any of the Asserted Damages Amount, or (ii) agree that the Purchaser Indemnitee is entitled only to the Agreed Portion of the Asserted Damages Amount (“Disputed Claims”), for a period of forty-five (45) days from the receipt of the Response, the Company and Purchaser shall attempt in good faith to agree upon the rights of the respective parties with respect to the Disputed Claims.
For purposes of determining the Borrowing Base, the Value of American Capital, LLC shall be the Agreed Portion of Adjusted EBITDA of American Capital, LLC.
The Borrower may from time to time elect to exclude particular assets from the Agreed Portion of Assets of any Financing Subsidiary identified by it from the Adjusted Asset Value of such Financing Subsidiary for all purposes of this Section 5.13, including computation of the Adjusted Value of such Financing Subsidiary and the limitations set forth above; provided that, no such exclusion shall have any effect on any applicable Adjustment Factor (as defined below).
Agreed Portion of the Asserted Damages Amount, TPG-Axon and CVT shall attempt in good faith to agree upon the rights of the respective Parties with respect to each of the indemnification claims that comprise the Asserted Damages Amount (or the portion of the Asserted Damages Amount not comprising the Agreed Portion).
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The Agreed Portion for or in respect of each party will be paid to each of the parties after the Arbitration is finalized.
In the event that the Indemnifying Party disputes the Claimed Amount (or the portion of the Claimed Amount not comprising the Agreed Portion), such dispute will be governed by, and subject to the terms of, Section 11.1, except with respect to disputes relating to Taxes, which are governed by Section 9.6 and Section 9.7.
For purposes of determining the Borrowing Base, the Value of American Capital, LLC shall be the Agreed Portion of Adjusted EBITDA of American Capital, LLC, determined quarterly.