Assertion of Claims. No claim shall be brought for a breach of a representation or warranty under Section 8.1 hereof unless the Indemnified Persons, or any of them, at any time prior to the applicable Survival Date, give the Indemnifying Persons (a) written notice of the existence of any such claim, specifying the nature and basis of such claim and the amount thereof, to the extent known or (b) written notice pursuant to Section 8.3 of any Third Party Claim (as hereinafter defined), the existence of which might give rise to such a claim. Upon the giving of such written notice as aforesaid, the Indemnified Persons, or any of them, shall have the right to commence legal proceedings subsequent to the Survival Date for the enforcement of their rights under Section 8.1.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (MTL Inc), Agreement and Plan of Merger (Chemical Leaman Corp /Pa/), Agreement and Plan of Merger (MTL Inc)
Assertion of Claims. No claim for indemnification shall be brought under Section 8.1 for a breach of a representation or warranty under Section 8.1 hereof unless the Indemnified Persons, or any of them, at any time prior to the applicable Survival Date, give the Indemnifying Persons (a) written notice of the existence of any such claim, specifying the nature and basis of such claim and the amount thereof, to the extent known known, or (b) written notice pursuant to Section 8.3 of any Third Party Claim (as hereinafter defined)Claim, the existence of which might give rise to such a claimclaim for indemnification. Upon the giving of such written notice as aforesaid, the Indemnified Persons, or any of them, shall have the right to commence legal proceedings subsequent to the Survival Date for the enforcement of their rights under Section 8.1.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Tiger Telematics Inc), Stock Purchase Agreement (Tiger Telematics Inc), Employment Agreement (Tiger Telematics Inc)
Assertion of Claims. No claim for indemnification shall be brought under Section 9.1 for a breach of a representation or warranty under Section 8.1 hereof unless the Indemnified Persons, or any of them, at any time prior to the applicable Survival Date, give the Indemnifying Persons (a) written notice of the existence of any such claim, specifying the nature and basis of such claim and the amount thereof, to the extent known known, or (b) written notice pursuant to Section 8.3 9.3 of any Third Party Claim (as hereinafter defined)Claim, the existence of which might give rise to such a claimclaim for indemnification. Upon the giving of such written notice as aforesaid, the Indemnified Persons, or any of them, shall have the right to commence legal proceedings subsequent to the Survival Date for the enforcement of their rights under Section 8.19.1.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Pacer International Inc), Stock Purchase Agreement (Pacer International Inc)
Assertion of Claims. No claim shall be brought for a breach of a representation or warranty under Section 8.1 hereof unless the Indemnified Persons, or any of them, at any time prior to the applicable Survival Date, give the Indemnifying Persons (a) written notice of the existence of any such claim, specifying the nature and basis of such claim and the amount thereof, to the extent known or (b) written notice pursuant to Section 8.3 of any Third Party Claim (as hereinafter defined)Claim, the existence of which might give rise to such a claim. Upon the giving of such written notice as aforesaid, the Indemnified Persons, or any of them, shall have the right to commence legal proceedings prior to or subsequent to the Survival Date for the enforcement of their rights under Section 8.1.
Appears in 1 contract
Samples: Securities Purchase Agreement (American Shared Hospital Services)
Assertion of Claims. No claim shall be brought for a breach of a representation or warranty under Section 8.1 SECTION 10.1 hereof unless the Indemnified Persons, or any of them, at ------------- any time prior to the applicable Survival Date, give the Indemnifying Persons (a) written notice of the existence of any such claim, specifying the nature and basis of such claim and the amount thereof, to the extent known or (b) written notice pursuant to Section 8.3 SECTION 10.3 of any Third Party Claim (as hereinafter defined)Claim, the existence of ------------- which might give rise to such a claim. Upon the giving of such written notice as aforesaid, the Indemnified Persons, or any of them, shall have the right to commence legal proceedings subsequent to the Survival Date for the enforcement of their rights under Section 8.1.SECTION 10.1. -------------
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Assertion of Claims. No claim shall be brought for a breach of a representation or warranty under Section 8.1 SECTION 9.1 hereof unless the Indemnified Persons, or any of them, at any time prior to the applicable Survival Date, give the Indemnifying Persons (a) written notice of the existence of any such claim, specifying the nature and basis of such claim and the amount thereof, to the extent known or (b) written notice pursuant to Section 8.3 SECTION 9.3 of any Third Party Claim (as hereinafter defined)Claim, the existence of which might give rise to such a claim. Upon the giving of such written notice as aforesaid, the Indemnified Persons, or any of them, shall have the right to commence legal proceedings subsequent to the Survival Date for the enforcement of their rights under Section 8.1SECTION 9.1.
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Assertion of Claims. No claim shall be brought for a breach of a representation or warranty under Section 8.1 9.1 hereof unless the Indemnified Persons, or any of them, at any time prior to the applicable Survival Date, give the Indemnifying Persons (a) written notice of the existence of any such claim, specifying the nature and basis of such claim and the amount thereof, to the extent known or (b) written notice pursuant to Section 8.3 9.3 of any Third Party Claim (as hereinafter defined), the existence of which might give rise to such a claim. Upon the giving of such written notice as aforesaid, the Indemnified Persons, or any of them, shall have the right to commence legal proceedings subsequent to the Survival Date for the enforcement of their rights under Section 8.19.1.
Appears in 1 contract
Samples: Stock Purchase Agreement (Personnel Group of America Inc)
Assertion of Claims. No claim shall be brought for a breach of a representation or warranty under Section 8.1 hereof SECTION 11.1 unless the Indemnified Persons, or any of them, at any time prior to the applicable Survival DateDate (as defined in Section 11.4), give the Indemnifying Persons (a) written notice of the existence of any such claim, specifying the nature and basis of such claim and the amount thereof, to the extent known or known, and (b) written notice pursuant to Section 8.3 SECTION 11.3 of any Third Party Claim (as hereinafter defineddefined below), the existence of which might give rise to such a claim. Upon the giving of such written notice as aforesaid, the Indemnified Persons, or any of them, shall have the right to commence legal proceedings subsequent to the Survival Date for the enforcement of their rights under Section 8.1SECTION 11.1.
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Assertion of Claims. No claim shall be brought for a breach of a representation or warranty under Section 8.1 SECTION 9.1 hereof unless the Indemnified Persons, or any of them, at any ----------- time prior to the applicable Survival DateDate (as defined below), give the Indemnifying Persons (a) -42- written notice of the existence of any such claim, specifying the nature and basis of such claim and the amount thereof, to the extent known or (b) written notice pursuant to Section 8.3 SECTION 9.3 of any Third Party Claim (as hereinafter defined)Claim, the existence of which ----------- might give rise to such a claim. Upon the giving of such written notice as aforesaid, the Indemnified Persons, or any of them, shall have the right to commence legal proceedings subsequent to the Survival Date for the enforcement of their rights under Section 8.1.SECTION 9.1. -----------
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Assertion of Claims. No claim shall be brought for a breach of a representation or warranty under Section 8.1 SECTION 7.1 hereof unless the Indemnified Persons, or any of them, at any time prior to the applicable Survival Date, give the Indemnifying Persons (a) written notice of the existence of any such claim, specifying the nature and basis of such claim and the amount thereof, to the extent known or (b) written notice pursuant to Section 8.3 SECTION 7.3 of any Third Party Claim (as hereinafter defined)Claim, the existence of which might give rise to such a claim. Upon the giving of such written notice as aforesaid, the Indemnified Persons, or any of them, shall have the right to commence legal proceedings prior to or subsequent to the Survival Date for the enforcement of their rights under Section 8.1SECTION 7.1.
Appears in 1 contract
Samples: Securities Purchase Agreement (Alliance Imaging Inc /De/)