Common use of Monetary Limitation Clause in Contracts

Monetary Limitation. The Purchasers shall have no claim under Section 8.2(a) of this Agreement against the Company for any Losses unless and until the aggregate amount of all such Losses incurred or sustained by the Purchasers under Section 8.2(a) exceeds $250,000, at which time the Purchasers shall be entitled to claim reimbursement for all Losses incurred or sustained by the Purchasers under Section 8.2(a) relating back to the first dollar of such Losses. The Company's aggregate liability for indemnification pursuant to Sections 8.2(a) and 8.2(b) of this Agreement shall in no event exceed an amount equal to (a) the amount paid by the Purchasers on the Closing Date in exchange for Shares, plus (b) accrued but unpaid dividends on such Shares as of the date the Company makes its first payment in connection with its indemnification duties hereunder in connection with the applicable breach.

Appears in 2 contracts

Sources: Series B Preferred Stock Purchase Agreement (Williams Controls Inc), Series B Preferred Stock Purchase Agreement (Williams Controls Inc)

Monetary Limitation. The Purchasers shall have no claim under Section 8.2(a) of this Agreement against the Company for any Losses unless and until the aggregate amount of all such Losses incurred or sustained by the Purchasers under Section 8.2(a) exceeds $250,000, at which time the Purchasers shall be entitled to claim reimbursement for all Losses incurred or sustained by the Purchasers under Section 8.2(a) relating back to the first dollar of such Losses. The Company's ’s aggregate liability for indemnification pursuant to Sections 8.2(a) and 8.2(b) of this Agreement shall in no event exceed an amount equal to (a) the amount paid by the Purchasers on the Closing Date in exchange for Shares, plus (b) accrued but unpaid dividends on such Shares as of the date the Company makes its first payment in connection with its indemnification duties hereunder in connection with the applicable breach.

Appears in 1 contract

Sources: Purchase Agreement (Williams Controls Inc)