Common use of Materiality Qualifiers Clause in Contracts

Materiality Qualifiers. For purposes of calculating the amount of any Damages pursuant to ARTICLE VII or ARTICLE VIII, incurred, arising out of or related to the failure of any representations or warranties to be true and correct or the breach of any covenants and agreements, references to “Material Adverse Effect” or other materiality qualifiers (or correlative terms) shall be disregarded.

Appears in 2 contracts

Sources: Purchase Agreement (Limelight Networks, Inc.), Purchase Agreement (DG FastChannel, Inc)

Materiality Qualifiers. For purposes of calculating the amount of any Damages pursuant to ARTICLE VII or ARTICLE VIII, incurred, arising out of or related to the failure of any representations or warranties to be true and correct or the breach of any covenants and agreementsagreements (and, for clarity, not for determining whether any breaches of representations or warranties have occurred), references to “Material Adverse Effect” or other materiality qualifiers (or correlative terms) shall be disregarded.

Appears in 1 contract

Sources: Equity Interest Purchase Agreement (Catalyst Health Solutions, Inc.)