Aggregate Minimum Claims. (i) The Seller shall not be liable under this Agreement in respect of any claim unless the aggregate amount of all claims for which the Seller would otherwise be liable under this Agreement (disregarding the provisions of this paragraph 2.3) exceeds US$5 million. (ii) Where the liability agreed or determined in respect of all claims referred to in paragraph 2.3(i) exceeds US$5 million, the liability of the Seller shall be the whole amount agreed or determined and not just the excess.
Appears in 2 contracts
Sources: Share Purchase Agreement (Hutchison Whampoa LTD /Wav), Share Purchase Agreement (Orascom Telecom Holding S.A.E.)
Aggregate Minimum Claims. (i) The Seller shall not be liable under this Agreement in respect of any claim unless the aggregate amount of all claims for which the Seller would otherwise be liable under this Agreement exceeds five (disregarding 5) per cent. of the provisions of this paragraph 2.3) exceeds US$5 million.
(ii) Where the liability agreed or determined in respect of all claims referred to in paragraph 2.3(i) exceeds US$5 million, the liability of Adjusted Purchase Price and the Seller shall be liable for the whole entire amount agreed or determined of all such qualifying claims and not just the excess.
Appears in 1 contract
Sources: Business Quota Sale and Purchase Agreement (Hungarian Telephone & Cable Corp)