Tipping Basket definition

Tipping Basket has the meaning set forth in Section 10.2(a).

Tipping Basket shall have the meaning set forth in Section 7.8(e).

Tipping Basket has the meaning set forth in Section 16.3.2(ii) of this Agreement.

Examples of Tipping Basket in a sentence

• If the total amount of such Damages suffered or incurred by any one or more of the Indemnitees pursuant to Section 9.2(a)(i) or Section 9.2(a)(ii) exceeds the Tipping Basket, then the Indemnitees shall be entitled to be indemnified against and compensated and reimbursed for all of such Damages (subject to the limitations contained in this Section 9.3 and Section 9.1), including the amount of the Tipping Basket.

• Once the Basket Amount is exceeded, the Stockholders and Option Holders shall not have any liability under Section 8.1(a)(i) (other than for Losses resulting from or arising out of breaches of the Fundamental Representations) until the aggregate of Losses in excess of the Basket Amount exceeds $100,000 (the “Tipping Basket Amount”), in which event the Stockholders and Option Holders shall be liable for all of the Losses in excess of the Basket Amount including the Tipping Basket Amount.

• The limitations set forth in this paragraph (a), including the De Minimis Exclusion and the Tipping Basket, shall not apply to Damages based upon, in connection with or resulting from (i) fraud, intentional or knowing misrepresentation, willful breach or willful misconduct on the part of the Seller, (ii) a breach, inaccuracy or failure to be true of any of the Fundamental Representations, or (iii) any of the Special Indemnification Matters.

More Definitions of Tipping Basket

Tipping Basket has the meaning set forth in Section 8.1(g)(1).

Tipping Basket as defined in Sec. 12.6.1

Tipping Basket has the meaning set forth in Section 8.04(a). “Undisputed Amounts” has the meaning set forth in Section 2.06(b)(iii). “Union” has the meaning set forth in Section 4.16(b).

Tipping Basket has the meaning set forth in Section 7.2(b)(i).

Tipping Basket has the meaning set forth in Section 6.5(b).

Tipping Basket is defined in Section 10.4(a). Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Secretary of the Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.

Tipping Basket shall have the meaning set forth in §2(j)(2). Title Commitments shall have meaning set forth in §7(a)(7). Title Company shall have meaning set forth in §7(a)(7).