Unsatisfied Damages definition

Unsatisfied Damages shall have the meaning set forth in Section 6.3.
Unsatisfied Damages means the aggregate amount of Damages (A) specified in any Notice of Claim delivered to the Escrow Agent by Parent prior to the date that is ten (10) days ESCROW AGREEMENT following the second (2nd) anniversary hereof (the “Final Release Date”) and (B) for which no indemnification has been received by Parent in satisfaction thereof. The foregoing is intended to require the retention in Escrow of sufficient Escrowed Shares to satisfy any Unsatisfied Damages, but to allow the release and distribution in accordance with subparagraph (a) above all Escrowed Shares in excess of that required to satisfy an Unsatisfied Damages.
Unsatisfied Damages means the aggregate amount of Damages: (A) specified in any Notice of Claim delivered to the Escrow Agent by Buyer at least ten (10) calendar days prior to the Release Date. The foregoing is intended to require the retention in Escrow of sufficient Escrow Fund to satisfy any Unsatisfied Damages, but to allow the release and distribution in accordance with subsection (a) above all Escrow Fund in excess of that required to satisfy Unsatisfied Damages.

Examples of Unsatisfied Damages in a sentence

  • The foregoing is intended to require the retention in Escrow of sufficient Escrow Fund to satisfy any Unsatisfied Damages, but to allow the release and distribution in accordance with subsection (a) above all Escrow Fund in excess of that required to satisfy Unsatisfied Damages.

  • The foregoing is intended to require the retention in Escrow of sufficient Escrowed Shares to satisfy any Unsatisfied Damages, but to allow the release and distribution in accordance with subparagraph (a) above all Escrowed Shares in excess of that required to satisfy an Unsatisfied Damages.

Related to Unsatisfied Damages

  • Liquidated Damages means all liquidated damages then owing pursuant to Section 5 of the Registration Rights Agreement.

  • Indemnified Damages shall have the meaning assigned to such term in Section 6(a).

  • Delay Liquidated Damages has the meaning set forth in Section 13.1.

  • SPECIAL LIQUIDATED DAMAGES means the amount payable by the Transport Supplier in case of default arising out of Non-availability of vehicle(s)/crew when the Company's operations are normal and also Non-availability of services due to unauthorized / lightening strike by Transport Supplier or his/her crew for any reason whatsoever. The period of non-availability of services will be treated as shutdown and shall attract Special Liquidated damage at the rate of twice the pro- rata fixed charge per day. Special L.D. shall be levied irrespective of whether such default resulted in a shutdown for the whole day or part thereof.

  • Performance Liquidated Damages means any liquidated damages resulting from the Project’s performance which are required to be paid by the EPC Contractor or any other Material Project Party for or on account of any diminution to the performance of the Project.

  • Delay Damages means the damages assessed pursuant to Section 3.2(a) hereof.

  • Covered Damage All damages to property of the unit's owner, up to $1,475.00 in the aggregate for each Stay, that occurs during the Covered Guest's stay and that is the result of the inadvertent acts or omissions of the Covered Guest or the Covered Guest's invitee, excluding the damages listed in the conditions section above. • "Covered Guest": All registered guests and all persons booked to share the same unit of accommodations, and have paid the required plan cost. • "Stay": The stay at an iTrip unit, from the date of a Covered Guest's check-in to the date of check-out.

  • Damages means any loss, claim, damage, liability, costs and expenses (including, without limitation, reasonable attorney's fees and disbursements and costs and expenses of expert witnesses and investigation).

  • Liquidated Damages Amount has the meaning set forth in Section 2(e) hereof.

  • Cover Damages means, with respect to any Delivery Failure, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 hereof, multiplied by the quantity of that Delivery Failure, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Seller Damages shall have the meaning given to such term in Section 14.3.

  • Rejection Damages Claim means any Claim on account of the rejection of an Executory Contract or Unexpired Lease pursuant to section 365 of the Bankruptcy Code or the repudiation of such contract.

  • Economic damages means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities.

  • Damages Payment Date With respect to the Series A Notes, each Interest Payment Date.

  • Penalties means the amounts to be deducted from payments

  • Undisputed as used herein shall mean any amount that the Subscribing Reinsurer has not contested in writing to the Company specifying the reason(s) why the payments are disputed.

  • Liquidated Damages Multiplier means, with respect to a particular Purchaser, (i) the product of the Common Unit Price multiplied by (ii) the number of Purchased Units purchased by such Purchaser that may not be disposed of without restriction and without the need for current public information pursuant to any section of Rule 144 (or any similar provision then in effect) under the Securities Act.

  • Daily Delay Damages means with respect to a Guaranteed Project Milestone, an amount equal to (a) the Project Development Security Amount posted as of the first date that Daily Delay Damages are payable under this Agreement with respect to such Guaranteed Project Milestone, divided by (b) 120.

  • Resale Damages means, with respect to any Rejected Purchase, an amount equal to (a) the positive net amount, if any, by which the applicable Price that would have been paid pursuant to Section 5.1 hereof for such Rejected Purchase, had it been accepted, exceeds the Resale Price multiplied by the quantity of that Rejected Purchase, plus (b) any applicable penalties assessed by ISO-NE or any other Person against Seller as a result of Buyer’s failure to accept such Products. Seller shall provide a written statement explaining in reasonable detail the calculation of any Resale Damages.

  • Overhead Damage means any damage to the Vehicle or to any third-party property that is caused by: (a) contact between any part of the Vehicle that is at or above the level of the top of the front windscreen with objects overhanging or obstructing its path; (b) the Vehicle hitting a signed height restricted structure such as but not limited to bridges, car parks and drive throughs; or (c) objects being placed on the roof of the Vehicle;

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

  • Indemnification Obligations means each of the Debtors’ indemnification obligations in place as of the Effective Date, whether in the bylaws, certificates of incorporation or formation, limited liability company agreements, other organizational or formation documents, board resolutions, management or indemnification agreements, or employment or other contracts, for their current and former directors, officers, managers, members, employees, attorneys, accountants, investment bankers, and other professionals and agents of the Debtors.

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Indemnifiable Damages shall have the meaning set forth in Section 9.1 herein.

  • Compensatory Damages are those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.

  • Noneconomic damages ’ means damages for phys-