Examples of Remaining Holdback Amount in a sentence
Notwithstanding anything to the contrary in this Agreement, the Representative shall be entitled and is hereby granted the right to set off and deduct, in respect of amounts due to Securityholders, any unpaid or non-reimbursed expenses and unsatisfied Liabilities incurred by the Representative in connection with the performance of its duties hereunder from amounts actually delivered to the Representative pursuant to this Agreement (including the Remaining Holdback Amount to be paid to the Securityholders).
Seller has agreed to waive Buyer Group’s obligation to pay to Seller a portion of the Remaining Holdback Amount Payment as set forth in the Purchase Agreement, subject to the terms and conditions set forth herein.
The “ Final Distribution Amount” means the amount that is released from the Remaining Holdback Amount to TKJP (if any) as determined by the Final Distribution Percentage multiplied by the Remaining Holdback Amount.
The Remaining Holdback Amount will remain in the Indemnification Holdback until the underlying indemnification claim has been fully resolved or satisfied and thereafter released to Purchaser to the extent the Purchaser Indemnitee(s) prevail(s) in such claim and released to Nabriva Parent to the extent the Indemnifying Party prevails in such claim.
The Legacy Trustee shall hold the Remaining Holdback Amount until such time as all pending claims in the Japan Proceedings are resolved and thereafter all or such portion of the Remaining Holdback Amount as is equal to the Final Distribution Amount shall be irrevocably paid by the Legacy Trustee to TKJP for the benefit of holders of Allowed Non OEM Claims and the balance of the Remaining Holdback Amount shall be irrevocably paid to the PSAN PI/WD Trust.
The Consenting OEMs do not object to, and consent to, TKH and/or the Legacy Trustee irrevocably paying or distributing the TKJP PSAN PI/WD Contribution Amount and/or all or any portion of the Remaining Holdback Amount to the PSAN PI/WD Trust.
The scope of the arbitration shall be limited to allocating the Remaining Holdback Amount between the parties (which allocation shall be made in accordance with the applicable terms of this Contract), and awarding reasonable attorneys’ fees and costs (including the cost of the arbitration) to the prevailing party in the arbitration.
Additionally, in connection with any unpaid ornon-reimbursed expenses and unsatisfied Liabilities incurred by the Representative in connection with the performance of its duties hereunder, the Representative shall be entitled and is hereby granted the right to direct any funds that would otherwise be actually payable to the Securityholders from the Escrow Account or the Remaining Holdback Amount to itself no earlier than the date such payments are actually made.
Upon execution of a settlement agreement, (A) the lesser of the Then Remaining Holdback Amount and the entire Stipulated Amount shall be released from the Holdback; and (B) if the Then Remaining Holdback Amount is less than the Stipulated Amount, the Sellers shall, within ten (10) Business Days following the execution of such settlement agreement, or such shorter period of time as may be set forth in the settlement agreement, pay the amount of such shortfall to Purchaser.
The portion of the Then Remaining Holdback Amount retained by Purchaser pursuant to this Section 6.6(e)(i) is referred to as the “Retained Amount”.