Common use of Basket Amount Clause in Contracts

Basket Amount. Notwithstanding anything in subsections 5.3 and 5.4 to the contrary, Purchaser shall not be entitled to any indemnification under such subsections if the aggregate amount of all claims thereunder is less than $10,000 (the "Exception Amount"), but if the aggregate amount of all claims equals or exceeds the Exception Amount, then Purchaser shall be entitled to full indemnification of all claims and there shall be no Exception Amount. The parties hereto do not intend that the Exception Amount be deemed to be a definition of what is "material" for any purpose in this Agreement.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Tottenham Andrew), Stock Purchase Agreement (Trans World Gaming Corp)

Basket Amount. Notwithstanding anything in subsections 5.3 Sections 8.3 and 5.4 8.4 to the contrary, the Purchaser shall not be entitled to any indemnification under such subsections sections if the aggregate amount of all claims damages thereunder is less than $10,000 25,000 (the "Exception AmountEXCEPTION AMOUNT"), but if the aggregate amount of all claims equals or exceeds the Exception Amount, then the Purchaser shall be entitled to full indemnification of all claims and there shall be no for only those damages exceeding the Exception Amount. The parties hereto do not intend that the Exception Amount be deemed to be a definition of what is "material" for any purpose in this Agreement.

Appears in 1 contract

Sources: Asset Purchase Agreement (Gateway Distributors LTD)