Common use of Basket Clause in Contracts

Basket. No indemnification shall be payable pursuant to Section 10.2(a) (other than with respect to a Fundamental Representation or Tax Representations for which this Section 10.5(c) shall not apply) or a breach of Pre-Closing Covenants unless the total amount of all indemnifiable Losses incurred by the Buyer Indemnitees, including those subject to all previous claims that resulted in Losses for such matters, exceeds $1,250,000 (the “Basket”), whereupon indemnification shall be payable for the amount of such Losses only in excess of the Basket. (d)

Basket. No indemnification shall be payable pursuant to Section 10.2(a11.2(a)(i) (other than with respect to a Fundamental Representation or Tax Representations for which this Section 10.5(c) shall not applyRepresentation) or a breach of Pre-Closing Covenants Section 11.2(a)(viii) unless the total amount of all indemnifiable Losses incurred by the Buyer Indemnitees, including those subject to all previous claims that resulted in Losses for such mattersclaims, exceeds $1,250,000 750,000 (the “Basket”), whereupon indemnification shall shall, except as set forth on Schedule 11.2(a)(viii) be payable for the amount of such Losses only in without deduction (and not merely the excess of over the Basket. (d).

Basket. (i) No indemnification shall be payable pursuant to Section 10.2(a9.2(a) (other than with respect to a breach of a Fundamental Representation or Tax Representations Representation or in the event of fraud or intentional misrepresentation, for which this Section 10.5(c9.5(c) shall not apply) or a breach of Pre-Closing Covenants unless the total amount of all indemnifiable Losses incurred by the Buyer Indemnitees, including those subject to all previous claims that resulted in Losses for such mattersclaims, exceeds $1,250,000 2,000,000 (the “Basket”), whereupon indemnification shall be payable for the amount of all such Losses only in excess of the Basket. (d).

Basket. (i) No indemnification shall be payable pursuant to Section 10.2(a10.1(a) (other than with respect to a Fundamental Representation or Tax Representations in the event of fraud or intentional misrepresentation for which this Section 10.5(c10.4(c) shall not apply) or a breach of Pre-Closing Covenants unless the total amount of all indemnifiable Losses incurred by the Buyer Indemnitees, including those subject to all previous claims that resulted in Losses for such mattersclaims, exceeds $1,250,000 164,574 (the “Basket”), whereupon indemnification shall be payable for the amount of such Losses only in excess of the Basket. (d).

Basket. (i) No indemnification shall be payable pursuant to Section 10.2(a10.1(a) (other than with respect to a Fundamental Representation or Tax Representations in the event of fraud or intentional misrepresentation for which this Section 10.5(c10.4(c) shall not apply) or a breach of Pre-Closing Covenants unless the total amount of all indemnifiable Losses incurred by the Buyer Indemnitees, including those subject to all previous claims that resulted in Losses for such mattersclaims, exceeds $1,250,000 97,404 (the “Basket”), whereupon indemnification shall be payable for the amount of such Losses only in excess of the Basket. (d).

Basket. No indemnification shall be payable pursuant to Section 10.2(a11.2(a)(i) (other than with respect to a Fundamental Representation or a Tax Representations Representation for which this Section 10.5(c11.5(a) shall not apply) or a breach of Pre-Closing Covenants unless the total amount of all indemnifiable Losses incurred by the Buyer Indemnitees, including those subject to all previous claims that resulted in Losses for such mattersclaims, exceeds $1,250,000 750,000 (the “Basket”), whereupon indemnification shall be payable for the amount of such Losses only in without deduction (and not merely the excess of over the Basket. (d).