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.
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).
In the event that any payment to the Guaranteed Party in respect of the Obligations is rescinded or must otherwise be returned for any reason whatsoever, each Guarantor shall remain liable hereunder with respect to its Individual Guaranteed Percentage of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.
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 be enforced only for the payment of money in satisfaction of the Obligations of each Guarantor up to such Guarantor’s 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.
In the event that the number of Second Prorated Stock Election Shares reflected on an individual Form of Election submitted by any Second Allocation Participant represents more than the Individual Cap, the number of Second Prorated Stock Election Shares for such participant’s Form of Election will be cutback to the number of Shares representing the Individual Cap (for each such Form of Election, the shares required for such cutback, the “Second Individual Cutback Shares”).
In furtherance, and not in limitation of the foregoing, with respect to any single Claim for indemnification arising under this Agreement which Claim is matured, perfected and ready for enforcement and collection (a " Final Claim"), the maximum liability of any individual Class A Shareholder shall be the lesser of (x) the Individual Cap, and (y) 1/10 of the aggregate amount of the Final Claim.
The indemnification under this Section 11.1 shall not be subject to the Basket, the Cap or any Individual Cap.
The maximum liability of each Indemnitor under this Agreement is the product of (1) the Cap and (2) a decimal fraction equal to the percentage set forth with respect to such Indemnitor on Schedule 3.0 to the Purchase Agreement (an Indemnitor's "Individual Cap"), except that the maximum liability of Hollywood Digital, Inc., the Palladion Limited Partnership, and HDZ Limited Partnership (collectively, the "HD-Related Partners") is joint and several up to the amount of their aggregate Individual Caps.