Examples of Securities Liabilities in a sentence
No liability of the Company under Section 5.01 shall arise, and no Investor Indemnitee will be entitled to indemnification from the Company, unless and until the cumulative amount of such Indemnified Liabilities or Indemnified Securities Liabilities allegedly due to it under Section 5.01 exceeds $250,000 (the “Threshold”).
Voting By Note Holders.................................47 SECTION 10.13.
The COMPANY will indemnify, defend, protect and hold harmless ETS, until the Expiration Date from all Losses as a result of or arising out of (i) any breach by the COMPANY of its representations and warranties set forth herein, (ii) any nonfulfillment of any agreement on the part of the COMPANY hereunder or (iii) any Securities Liabilities, relating to statements or omissions regarding the COMPANY.
If the indemnification provided for in this Agreement with respect to XLC Securities Liabilities or IE Securities Liabilities is for any reason held by a court or other tribunal to be unavailable on policy grounds or otherwise, IE and XLC shall contribute to any Indemnifiable Losses relating to, resulting from or arising out of the XLC Securities Liabilities or the IE Securities Liabilities in such proportion as to reflect each party's relative fault in connection with such Indemnifiable Losses.
DTE Energy and the Indemnitee expressly and conclusively waive their right to proceed to a judicial determination with respect to such matter; provided, however, that in the event that a claim for indemnification against Securities Liabilities (other than the payment by DTE Energy of Expenses incurred or paid by the Indemnitee in the successful defense of any action, suit, or proceeding), the provisions of Section 6(d) will apply.