Examples of Damage or Destruction Loss in a sentence
If any such Damage or Destruction Loss is covered by policies of insurance and the underlying Asset is not repaired or replaced prior to Closing, all right and claim of Seller to any proceeds of insurance for such Damage or Destruction Loss shall be assigned and (if previously received by Seller and not used prior to the Closing Date to repair any damage or destruction) paid to Purchaser at Closing in accordance with Section 1.4(b).
If the parties are unable to reach agreement within five (5) Business Days after notice of the Damage or Destruction Loss is given by Seller, then the amount of the reduction shall be determined by the Bankruptcy Court.
If any such Damage or Destruction Loss is covered by policies of insurance and is not repaired or replaced by a similar facility in reasonable proximity to any former facility, all right and claim of Seller to any proceeds of insurance for such Damage or Destruction Loss, unless previously received by Seller and used prior to the Closing Date to repair any damage or destruction, shall be assigned and paid to Purchaser at Closing in accordance with Section.
If, and Buyer may, at Buyer’s option, either (i) proceed to close notwithstanding such Damage or Destruction Loss or (ii) exclude such Assets, in which event Buyer shall have no obligation to close if as a consequence of the exclusion of such Assets any condition to Closing in Article 9 would not be satisfied.
If any such Damage or Destruction Loss is covered by policies of insurance, all right and claim of the Sellers to any proceeds of insurance for such Damage or Destruction Loss shall be assigned and (if previously received by the Sellers and not used prior to the Closing Date to repair any damage or destruction) paid to the Purchaser at Closing.
If the parties are unable to reach agreement within five (5) Business Days after notice of the Damage or Destruction Loss is given by the Sellers, then the amount of the reduction shall be determined by an independent, qualified insurance adjuster selected by the Parties (or, if they are unable to agree on such selection, one appointed by the Bankruptcy Court upon application of either Party) whose determination of such reduction shall be final and binding upon the parties.
If any such Damage or Destruction Loss is covered by policies of insurance, all right and claim of the Selling Entities to any proceeds of insurance for such Damage or Destruction Loss, unless previously received by the Selling Entities and used prior to the Closing Date to repair any damage or destruction, shall be assigned and paid to Buyer at Closing in accordance with Section 2.1.
If any such Missing, Damage or Destruction Loss is covered by insurance policies and, if the damaged, missing or destroyed Asset is not repaired or replaced by Selling Entities, at Buyer’s election, the Purchase Price shall be reduced by an amount determined by multiplying the original Purchase Price by a fraction, the numerator of which is the replacement cost of the damaged or destroyed item and the denominator of which is the replacement cost of all of the Assets.
The most important thing to understand about the new Germany is, perhaps, that this country has rarely been in such a process of self-reinvention (internally and externally) than it is now.
If Closing has already occurred and the Purchase Price paid, then such amount shall be refunded to Buyer within ten (10) calendar days of the Missing, Damage or Destruction Loss.