Examples of Individual Cap in a sentence
The graph below shows the historical performance of each Underlying Equity in the Basket during the period starting on 1 May 2004 (=index 100) up to and including 1 May 2009 without taking the Individual Cap into consideration.
In the event that any payment to the Guaranteed Party in respect of the Obligations is rescinded or must otherwise be returned for any reason whatsoever, each Guarantor shall remain liable hereunder with respect to its Individual Guaranteed Percentage of the Aggregate Guaranteed Percentage of the Obligations (subject to the Aggregate Cap and the Individual Cap to the extent applicable) as if such payment had not been made by such Guarantor.
This Limited Guaranty may be enforced only for the payment of money in satisfaction of the Obligations of each Guarantor up to such Guarantor’s Individual Cap.
The parties agree that this Limited Guaranty may not be enforced against any Guarantor without giving effect to such Guarantor’s Per Claim Cap and Individual Cap (and to the provisions of Sections 8 and 9 hereof).
This Limited Guaranty may not be revoked or terminated and shall remain in full force and effect and shall be binding on each Guarantor, its successors and permitted assigns until the payment and satisfaction in full of the Obligations of such Guarantor (up to such Guarantor’s Per Claim Cap and Individual Cap).
Notwithstanding anything herein to the contrary, the liability of each Guarantor shall be several (and not joint or joint and several) based upon such Guarantor’s Maximum Guarantor Percentage, and no Guarantor shall be liable for any amounts hereunder in excess of such Guarantor’s Per Claim Cap or Individual Cap, as applicable.
The Sellers’ maximum aggregate Liability with respect to the matters described in Section 10.1(b)(i) will be limited to an amount equal to $7,000,000 (the “Cap”), and each Seller’s Liability with respect to the matters described in Section 10.1(b)(i) will be limited to such Seller’s Individual Cap; provided, however, that no claim relating to a Core Representation, fraud or any covenant or agreement will be subject to the Cap or any Seller’s Individual Cap.
The Committee may grant options to eligible employees, officers and consultants of the Company and its subsidiaries selected initially and from time to time thereafter by the Committee based on the importance of their services; provided, however, that notwithstanding any other provision of the Plan, the maximum number of shares subject to all options granted to an individual in any calendar year shall in no event exceed 300,000 (the "Individual Cap"), subject to adjustment as provided in Section 11.
The indemnification under this Section 11.1 shall not be subject to the Basket, the Cap or any Individual Cap.
Such obligation to indemnify the Buyer shall be satisfied first from the Escrow Shares as provided in Section 15.4(c), with the remainder, if any, to be borne by the Stockholders on a pro-rata basis and allocated among the Stockholders based upon the ratio of (A) the number of Consideration Shares received by each such Stockholder at the Closing, to (B) the total number of Consideration Shares issued to all of the Stockholders at the Closing (the "Individual Cap").