Common use of Deductible Amount Clause in Contracts

Deductible Amount. No Buyer Indemnified Party shall be entitled to recover for an indemnification claim under Section 10.02(a)(i) (Indemnification by the Seller) unless, until and only to the extent that any Buyer Indemnified Party (individually or collectively with all other Buyer Indemnified Parties) has suffered or incurred actual Damages in respect of Section 10.02(a)(i) aggregating in excess of $1,218,750 (the “Deductible Amount”), whereupon any Buyer Indemnified Party shall be entitled to claim indemnification only for amounts in excess of the Deductible Amount, subject to the other limitations set forth herein. No Seller Indemnified Party shall be entitled to recover for an indemnification claim under Section 10.03(i) (Indemnification by Buyer) unless, until and only to the extent that any Seller Indemnified Party (individually or collectively with all other Seller Indemnified Parties) has suffered or incurred actual Damages in respect of Section 10.03(i) aggregating in excess of the Deductible Amount, whereupon any of the Seller Indemnified Parties shall be entitled to claim indemnification only for amounts in excess of the Deductible Amount, subject to the other limitations set forth herein. Notwithstanding the foregoing, the Deductible Amount shall not apply to breaches of the Fundamental Representations.

Deductible Amount. No Buyer Parent Indemnified Party shall be entitled to recover for an indemnification claim under Section 10.02(a)(i) (other than with respect to any breach of Section 3.23(m)), Section 10.02(a)(vi) or Section 10.02(b)(i) (Indemnification by the SellerSecurityholders) unless, until and only to the extent that any Buyer Parent Indemnified Party (individually or collectively with all other Buyer Parent Indemnified Parties) has suffered or incurred actual Damages in respect of Section 10.02(a)(i) aggregating in excess of One Million Six Hundred Twenty Five Thousand Dollars ($1,218,750 1,625,000) (the “Deductible Amount”), whereupon any Buyer Parent Indemnified Party shall be entitled to claim indemnification only for amounts in excess of the Deductible Amount, subject to the other limitations set forth herein. No Seller Securityholder Indemnified Party shall be entitled to recover for an indemnification claim under Section 10.03(i) (Indemnification by BuyerParent and the Surviving Company) unless, until and only to the extent that any Seller Securityholder Indemnified Party (individually or collectively with all other Seller Securityholder Indemnified Parties) has suffered or incurred actual Damages in respect of Section 10.03(i) aggregating in excess of the Deductible Amount, whereupon any of the Seller Securityholder Indemnified Parties shall be entitled to claim indemnification only for amounts in excess of the Deductible Amount, subject to the other limitations set forth herein. Notwithstanding the foregoing, the Deductible Amount shall not apply to breaches of the Fundamental RepresentationsRepresentations or breaches of the representations and warranties set forth in Section 3.12 (Tax Matters).

Deductible Amount. No Buyer Indemnified Party shall be entitled to recover for an indemnification claim under Section 10.02(a)(i) or Section 10.02(b)(i) (Indemnification by the SellerSellers) unless, until and only to the extent that any Buyer Indemnified Party (individually or collectively with all other Buyer Indemnified Parties) has suffered or incurred actual Damages in respect of Section 10.02(a)(i) aggregating in excess of $1,218,750 3,000,000 (the “Deductible Amount”), whereupon any Buyer Indemnified Party shall be entitled to claim indemnification only for amounts in excess of the Deductible Amount, subject to the other limitations set forth herein. No Seller Indemnified Party shall be entitled to recover for an indemnification claim under Section 10.03(i) (Indemnification by Buyer) unless, until and only to the extent that any Seller Indemnified Party (individually or collectively with all other Seller Indemnified Parties) has suffered or incurred actual Damages in respect of Section 10.03(i) aggregating in excess of the Deductible Amount, whereupon any of the Seller Indemnified Parties shall be entitled to claim indemnification only for amounts in excess of the Deductible Amount, subject to the other limitations set forth herein. Notwithstanding the foregoing, the Deductible Amount shall not apply to breaches of the Fundamental Representations.

Deductible Amount. No Buyer Purchaser Indemnified Party shall be entitled to recover for an indemnification claim under Section 10.02(a)(i) (Indemnification by the Seller) 9.2 unless, until and only to the extent that any Buyer the Purchaser Indemnified Party Parties (individually or collectively with all other Buyer Indemnified Partiescollectively) has have suffered or incurred actual Damages in respect of Losses under such Section 10.02(a)(i) aggregating in excess of Four Hundred Thousand and No/100 Dollars ($1,218,750 400,000) (the “Deductible Amount”), whereupon any Buyer the Purchaser Indemnified Party Parties shall be entitled to claim indemnification only for amounts the amount of such Losses in excess of the Deductible Amount, subject to the other limitations set forth herein. No Seller Indemnified Party shall be entitled to recover for an indemnification claim under Section 10.03(i) (Indemnification by Buyer) 9.3 unless, until and only to the extent that any the Seller Indemnified Party Parties (individually or collectively with all other Seller Indemnified Partiescollectively) has have suffered or incurred actual Damages in respect of Losses under such Section 10.03(i) aggregating in excess of the Deductible Amount, whereupon any of the Seller Indemnified Parties shall be entitled to claim indemnification only for amounts the amount of such Losses in excess of the Deductible Amount, subject to the other limitations set forth herein. Notwithstanding the foregoing, the Deductible Amount shall not apply to breaches of the any Fundamental Representations, breaches of Section 4.19 (Tax Matters) or Article VIII, or any Venosan Claims, Environmental Claims or claims related to the Retained Assets, but instead the applicable indemnified party shall be entitled to recover for such indemnification claims from the first dollar.