Buyer Liability Cap definition

Buyer Liability Cap as of any given time of determination, shall be an amount (in USD) equal to USD [***] (US$[***]).
Buyer Liability Cap as defined in Section 15.2.7(c);
Buyer Liability Cap has the meaning given to it in Clause ‎15.4.1;

Examples of Buyer Liability Cap in a sentence

  • Further, in the event any settlement payments are made in connection with the Lucent Claims, including, without limitation, any fees, expenses and charges under a license agreement (all of such amounts which shall be paid by the Seller), the prorated amount of the aggregate fees, expenses and charges attributable to the period prior to the Closing shall not be counted against the Buyer Liability Cap.

  • Notwithstanding any other provision of this Agreement, if the payment to the Company of any judgment for monetary damages would cause the Buyer Liability Cap to be exceeded, such judgment shall be paid only in such portion as would not cause the Buyer Liability Cap to be exceeded.

  • The Buyer Liability Basket and the Buyer Liability Cap set forth in this Section 13.03(a) shall not apply in the event of fraud, in which case the Buyer Indemnitees shall be entitled to indemnification on a dollar for dollar basis for the full amount of the Loss.

  • Recourse against the Sponsor under the Commitment Letter, subject to the amount of the Buyer Liability Cap, shall be the sole and exclusive remedy of the Debtors against the Sponsor in respect of any liabilities or obligations arising under, or in connection with, this Agreement or the transactions contemplated hereby.


More Definitions of Buyer Liability Cap

Buyer Liability Cap has the meaning set forth in Section 9.2(c)(ii).
Buyer Liability Cap means an aggregate of $4,000,000 with respect to (i) the amounts (if any) due and payable by the Buyer pursuant Article XII of this Agreement, and (ii) the amounts (if any) payable by RTG Buyer pursuant Article XII of the RTG Purchase Agreement.
Buyer Liability Cap has the meaning set forth in Article 8.02(d).
Buyer Liability Cap shall have the meaning set forth in Section 11.16(c). “Canadian Court” means the Ontario Superior Court of Justice (Commercial List). “Canadian Proceedings” shall mean the proceedings commenced by the Company on December 21, 2009 seeking ancillary relief under the CCAA before the Canadian Court under Court File Number 09-8515-00CL.
Buyer Liability Cap means $90,000,000 as increased from time to time by an amount equal to the Exhibit A-3 Payments (as defined in the Supply Agreement) made by the Company pursuant to Product Exhibit A-3 of the Supply Agreement."Cash" means all cash, cash equivalents and marketable securities held by or on behalf of the Company and its Subsidiaries."Code" means the U.S. Internal Revenue Code of 1986, as amended."Collective Status" means any collective bargaining agreement, collective agreement and atypical agreement, unilateral commitment, company's practices, collective benefits, collective saving plans and profit sharing plans, covering any Business Employee, being noted that Collective Status may include any Employee Plans."Company Group Entity" means the Company and its Subsidiaries."Company Liability Cap" means an amount equal to the Purchase Price, as decreased from time to time by an amount equal to the Exhibit A-3 Payments (as defined in the Supply Agreement) made by the Company pursuant to Product Exhibit A-3 of the Supply Agreement."Company Restricted Stock Units" means restricted stock units granted to any Transferred Employee pursuant to any equity plan maintained by the Company and that are held and remain outstanding by any such Transferred Employee as of immediately prior to the Closing."Confidentiality Agreement" means that certain confidentiality agreement, dated as of September 11, 2019, by and between the Company and the Buyer."Contract" means any oral or written agreement, contract, License, lease, indenture, bond, note, loan, purchase order, sales order, franchise, obligation, undertaking or other commitment or arrangement that is binding upon a Person or any of its property under applicable Law, including all amendments and supplements thereto."control" means, as to any Person, the power to direct or cause the direction of the management and policies of such Person, whether through the ownership of voting securities, by Contract or otherwise (and the terms "controlled by" and "under common control with" shall have correlative meanings).3
Buyer Liability Cap shall have the meaning specified in Section 8.9(b).

Related to Buyer Liability Cap

  • Indemnity Cap has the meaning set forth in Section 9.2(b).

  • Liability Cap has the meaning ascribed to it in paragraph 1 of Schedule 9;

  • Indemnification Cap has the meaning set forth in Section 9.4(a).

  • Buyer Losses shall have the meaning set forth in Section 11.1 hereof;

  • Indemnity Escrow Amount means $3,000,000.

  • Indemnity Obligations means all obligations of the Company to Indemnitee under this Agreement, including the Company’s obligations to provide indemnification to Indemnitee and advance Expenses to Indemnitee under this Agreement.

  • Purchaser Losses shall have the meaning set forth in Section 9.1(a).

  • Indemnification Escrow Amount has the meaning set forth in Section 2.2(b).

  • Indemnity Amount means the amount of any indemnification obligation payable under the Basic Documents.

  • Other Liabilities means any obligation on account of (a) any Cash Management Services furnished to any of the Loan Parties or any of their Subsidiaries and/or (b) any Bank Product furnished to any of the Loan Parties and/or any of their Subsidiaries.

  • Excluded Liability means any liability that is excluded under the Bail-In Legislation from the scope of any Bail-In Action including, without limitation, any liability excluded pursuant to Article 44 of the Bank Recovery and Resolution Directive.

  • Indemnity Escrow Fund means the Indemnity Escrow Amount deposited with the Escrow Agent, as such sum may be increased or decreased as provided in this Agreement and the Escrow Agreement, including any remaining interest or other amounts earned thereon.

  • BRRD Liability means a liability in respect of which the relevant Write Down and Conversion Powers in the applicable Bail-in Legislation may be exercised.

  • Indemnity, Subrogation and Contribution Agreement means the Indemnity, Subrogation and Contribution Agreement among Xxxxx 0, the Borrower, the Subsidiary Loan Parties and the Collateral Agent, substantially in the form of Exhibit C-3.

  • Buyer Indemnitees has the meaning set forth in Section 8.02.

  • Parent Indemnitees has the meaning set forth in Section 8.02.

  • Indemnification Escrow Fund has the meaning set forth in Section 2.12(a).

  • Parent Indemnified Parties has the meaning set forth in Section 9.2(a).

  • Indemnification Threshold has the meaning set forth in Section 11.5.

  • Retained Liabilities has the meaning set forth in Section 2.4.

  • Indemnity Escrow Agreement means the Indemnity Escrow Agreement substantially in the form attached hereto as Exhibit B, among the Sellers, the Buyers and the Escrow Agent.

  • Indemnification Expenses shall have the meaning set forth in Section 6.11(a).

  • Indemnifiable Liabilities and "Indemnifiable Amounts" shall have the meanings ascribed to those terms in Section 3(a) below.

  • Seller Damages shall have the meaning given to such term in Section 14.3.

  • Seller Losses has the meaning set forth in Section 10.2(a).

  • Indemnification Obligation means any existing or future obligation of any Debtor to indemnify current and former directors, officers, members, managers, sponsors, agents or employees of any of the Debtors who served in such capacity, with respect to or based upon such service or any act or omission taken or not taken in any of such capacities, or for or on behalf of any Debtor, whether pursuant to agreement, letters, the Debtors’ respective memoranda, articles or certificates of incorporation, corporate charters, bylaws, operating agreements, limited liability company agreements, or similar corporate or organizational documents or other applicable contract or law in effect as of the Effective Date.