Common use of Profit Limitations Clause in Contracts

Profit Limitations. (a) Notwithstanding any other provision of this Agreement, in no event shall the Total Option Profit (as hereinafter defined) exceed in the aggregate $17 million minus the sum of any Termination Fee plus Expenses actually received by Grantee pursuant to the terms of the Merger Agreement (such amount, the "Profit Limit") and, if any payment to be made to Grantee otherwise would cause such aggregate amount to be exceeded, the Grantee, at its sole election, shall either (i) reduce the number of Issuer Common Shares subject to this Option, (ii) pay cash to Issuer, (iii) waive rights under this Agreement or (iv) any combination thereof, so that the Total Option Profit shall not exceed the Profit Limit after taking into account the foregoing actions.

Appears in 1 contract

Samples: Stock Option Agreement (U S Bioscience Inc)

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Profit Limitations. (a) Notwithstanding any other provision of this Agreement, in no event shall the Total Option Profit (as hereinafter defineddefined herein) exceed in the aggregate $17 3,600,000 million minus the sum of any Termination Fee plus Expenses actually received by Grantee pursuant to the terms of the Merger Agreement (such amount, the "Profit Limit") and, if any payment to be made to Grantee otherwise would cause such aggregate amount to be exceeded, the Grantee, at its sole election, shall either (i) reduce the number of Issuer shares of Detective Common Shares Stock subject to this Option, (ii) pay cash deliver to IssuerIssuer for cancellation Option Shares previously purchased by Grantee, (iii) waive rights under this Agreement pay cash to Issuer or (iv) any combination thereof, so that the Total Option Profit shall not exceed the Profit Limit after taking into account the foregoing actions.

Appears in 1 contract

Samples: Option Agreement (Data Broadcasting Corporation)

Profit Limitations. (a) Notwithstanding any other provision of this Agreement, in no event shall the Total Option Profit (as hereinafter defineddefined herein) exceed in the aggregate $17 26.25 million minus the sum of any Termination Fee plus Expenses actually received by Grantee pursuant to the terms of the Merger Agreement (such amount, the "Profit Limit") and, if any payment to be made to Grantee otherwise would cause such aggregate amount to be exceeded, the Grantee, at its sole election, shall either (i) reduce the number of shares of Issuer Common Shares Stock subject to this Option, (ii) pay cash deliver to IssuerIssuer for cancelation Option Shares previously purchased by Grantee, (iii) waive rights under this Agreement pay cash to Issuer or (iv) any combination thereof, so that the Total Option Profit shall not exceed the Profit Limit after taking into account the foregoing actions.

Appears in 1 contract

Samples: Stock Option Agreement (Cincinnati Bell Inc /Oh/)

Profit Limitations. (a) Notwithstanding any other provision of this Agreement, in no event shall the Total Option Profit (as hereinafter defineddefined herein) exceed in the aggregate $17 3,600,000 million minus the sum of any Termination Fee plus Expenses actually received by Grantee pursuant to the terms of the Merger Agreement (such amount, the "Profit LimitPROFIT LIMIT") and, if any payment to be made to Grantee otherwise would cause such aggregate amount to be exceeded, the Grantee, at its sole election, shall either (i) reduce the number of Issuer shares of Detective Common Shares Stock subject to this Option, (ii) pay cash deliver to IssuerIssuer for cancellation Option Shares previously purchased by Grantee, (iii) waive rights under this Agreement pay cash to Issuer or (iv) any combination thereof, so that the Total Option Profit shall not exceed the Profit Limit after taking into account the foregoing actions.

Appears in 1 contract

Samples: Option Agreement (Pearson Inc)

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Profit Limitations. (a) Notwithstanding any other provision of this Agreement, in no event shall the Total Option Profit (as hereinafter defineddefined herein) exceed in the aggregate $17 26.25 million minus the sum of any Termination Fee plus Expenses actually received by Grantee pursuant to the terms of the Merger Agreement (such amount, the "Profit Limit") and, if any payment to be made to Grantee otherwise would cause such aggregate amount to be exceeded, the Grantee, at its sole election, shall either (i) reduce the number of shares of Issuer Common Shares Stock subject to this Option, (ii) pay cash deliver to IssuerIssuer for cancellation Option Shares previously purchased by Grantee, (iii) waive rights under this Agreement pay cash to Issuer or (iv) any combination thereof, so that the Total Option Profit shall not exceed the Profit Limit after taking into account the foregoing actions.

Appears in 1 contract

Samples: Stock Option Agreement (Cincinnati Bell Inc /Oh/)

Profit Limitations. (a) Notwithstanding any other provision of ------------------- this Agreement, in no event shall the Total Option Profit (as hereinafter defineddefined below) exceed in the aggregate $17 million minus the sum of any Termination Fee plus Expenses actually received by Grantee pursuant to the terms of the Merger Agreement 180,000,000 (such amount, the "Profit Limit") and, if any payment to be made to Grantee otherwise would cause such aggregate amount the Profit Limit to be exceeded, the Grantee, at its election and in its sole electiondiscretion, shall either (i) reduce the number of shares of Issuer Common Shares Stock subject to this the Option, (ii) pay cash deliver to IssuerIssuer for cancellation Option Shares previously purchased by Grantee, (iii) waive rights under this Agreement pay cash to Issuer or (iv) take any combination thereofof the foregoing actions, so that the Total Option Profit shall not exceed the Profit Limit after taking into account all the foregoing actionsactions taken by Grantee.

Appears in 1 contract

Samples: Stock Option Agreement (Alza Corp)

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