Common use of Profit Limitation Clause in Contracts

Profit Limitation. (a) Notwithstanding any other provision of this Agreement or the Merger Agreement, in no event shall Grantee's Total Profit (as defined below) exceed $7.0 million (the "Maximum Amount") and, if it otherwise would exceed such Maximum Amount, Grantee at its sole election may (i) pay cash to the Issuer, (ii) deliver to the Issuer for cancellation Option Shares previously purchased by Grantee, or (iii) any combination thereof, so that Grantee's actually realized Total Profit (as defined below) shall not exceed the Maximum Amount after taking into account the foregoing actions.

Profit Limitation. (a) Notwithstanding any other provision of this Agreement or the Merger Agreement, in no event shall the Grantee's Total Profit (as defined belowhereinafter defined) exceed $7.0 30 million (the "Maximum AmountProfit Limit") and, if it otherwise would exceed such Maximum Amountamount, Grantee the Grantee, at its sole election may election, shall either (i) pay cash to the Issuer, (ii) deliver to the Issuer Grantor for cancellation Option Shares previously purchased by Grantee, or (ii) pay cash to the Grantor, (iii) receive a smaller termination fee under Section 8.3 of the Merger Agreement or (iv) undertake any combination thereof, so that Grantee's actually realized Total Profit (as defined below) shall not exceed the Maximum Amount Profit Limit after taking into account the foregoing actions.

Profit Limitation. (a) Notwithstanding any other provision of this Agreement or the Merger Agreement, in no event shall the Grantee's Total Profit (as defined belowhereinafter defined) exceed $7.0 million 120,000,000 (the "Maximum AmountProfit Limit") and, if it otherwise would exceed such Maximum Amountamount, Grantee the Grantee, at its sole election may election, shall either (i) pay cash to the Issuer, (ii) deliver to the Issuer Grantor for cancellation Option Shares previously purchased by Grantee, (ii) pay cash or other consideration to the Grantor or (iii) undertake any combination thereof, so that Grantee's actually realized Total Profit (as defined below) shall not exceed the Maximum Amount Profit Limit after taking into account the foregoing actions.

Profit Limitation. (a) Notwithstanding any other provision of this Agreement or the Merger Agreement, in no event shall the Grantee's Total Profit (as defined belowhereinafter defined) exceed $7.0 25 million (the "Maximum AmountProfit Limit") and, if it otherwise would exceed such Maximum Amountamount, Grantee the Grantee, at its sole election may election, shall either (i) pay cash to the Issuer, (ii) deliver to the Issuer Grantor for cancellation Option Shares previously purchased by Grantee, or (ii) pay cash to the Grantor, (iii) receive a smaller termination fee under Section 8.3 of the Merger Agreement or (iv) undertake any combination thereof, so that Grantee's actually realized Total Profit (as defined below) shall not exceed the Maximum Amount Profit Limit after taking into account the foregoing actions.

Profit Limitation. (a) Notwithstanding any other provision of this Agreement or the Merger Agreement, in no event shall the Grantee's Total Profit (as defined belowhereinafter defined) exceed $7.0 125 million (the "Maximum AmountProfit Limit") and, if it otherwise would exceed such Maximum Amountamount, Grantee the Grantee, at its sole election may election, shall either (i) pay cash to the Issuer, (ii) deliver to the Issuer Grantor for cancellation Option Shares previously purchased by Grantee, (ii) pay cash or other consideration to the Grantor or (iii) undertake any combination thereof, so that Grantee's actually realized Total Profit (as defined below) shall not exceed the Maximum Amount Profit Limit after taking into account the foregoing actions.

Profit Limitation. (a) Notwithstanding any other provision of this Agreement or the Merger Agreement, in no event shall the Grantee's Total Profit (as defined belowhereinafter defined) exceed $7.0 million (the "Maximum Amount") 35,000,000 and, if it otherwise would exceed such Maximum Amountamount, Grantee the Grantee, at its sole election may election, shall either (i) pay cash reduce the number of shares of Issuer Common Stock subject to the Issuerthis Option, (ii) deliver to the Issuer for cancellation Option Shares previously purchased by Grantee, (iii) pay cash to the Issuer or (iiiiv) any combination thereof, so that Grantee's actually realized Total Profit (as defined below) shall not exceed the Maximum Amount $35,000,000 after taking into account the foregoing actions.. As used herein, the term "