Indemnity Cap definition

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

Indemnity Cap has the meaning set forth in Section 8.4.3.

Indemnity Cap has the meaning set forth in Section 10.1(d).

Examples of Indemnity Cap in a sentence

• The Indemnity Cap is calculated as the lesser of (i) $303,750,000 and (ii) the Excess Surplus Amount.

• Notwithstanding the foregoing and except for fraud, the limitations and restrictions of the Deductible and the Indemnity Cap shall not apply to Losses incurred by CBI arising from, arising out of, in the nature of, or caused by any breach of the representations and warranties set forth in Sections 2.1, 2.2, 2.3, 3.1(a) (with respect to the first sentence only) 3.2, 3.3 and 3.12.

• The Buyer will have the right to participate in or, by giving written notice to the Seller Indemnitee, to elect to assume the defense of any Third Party Claim by the Buyer's own counsel, the cost for which shall be borne by the Buyer to the extent that Seller Indemnifiable Losses exceed the Indemnity Basket and shall, to such extent, be taken into account in calculating the aggregate amount of the Buyer's liability for Seller Indemnifiable Losses under the Indemnity Cap.

• For clarification purposes only (i) all claims that are subject to the Indemnity Cap, whether pursuant to this Agreement or one or more Transaction Documents, shall be aggregated to satisfy the Indemnity Cap (i.e., there is not a separate Indemnity Cap for this Agreement and each Transaction Document), and (ii) where a particular Transaction Document provides a remedy that is in addition to the indemnification provisions set forth herein, such remedy will be subject to the Indemnity Cap.

• Except as set forth below, the maximum aggregate liability of Seller under Section 13.2(b) of this Agreement shall not exceed the Indemnity Cap.

More Definitions of Indemnity Cap

Indemnity Cap shall have the meaning set forth in Section 8.5(a).

Indemnity Cap shall have the meaning set forth in Section 12.4(b).

Indemnity Cap has the meaning set forth in Section 6.02(b).

Indemnity Cap has the meaning set forth in Section 8.04(a).

Indemnity Cap is defined in Section 13.3(c).

Indemnity Cap means an amount equal to 20% of the Purchase Price.

Indemnity Cap shall have the meaning set forth in Section 12.4.2.