Common use of Claim Resolution Clause in Contracts

Claim Resolution. Xxxxx shall have a period of twenty (20) days after receipt of a notice of claim within which to notify Stockholders of its disagreement with all or a portion of said claim or, in the case of a potential or contingent claim, the estimated amount of such claim. Notice to Xxxxx shall be provided in accordance with Section 12.6 hereof. If Stockholders have not received notice of disagreement from Xxxxx within the 20-day period, the amount of the claim shall be compensable in full. If Stockholders receive within the 20-day period a notice of disagreement regarding only a portion of a claim, the portion of the claim, to the extent such claim is actual as opposed to potential contingent, not subject to disagreement shall be compensable in accordance with this Section. If Xxxxx and Stockholders are unable to resolve such matter within thirty (30) days of Stockholders' notice, then the dispute may be resolved by arbitration in accordance with Section 12.5 or by agreement between the parties. The prevailing party to any such arbitration shall be entitled to indemnification for its reasonable attorneys' fees and filing fees to the extent awarded by the arbitrator or arbitrators. To the extent Stockholders timely deliver a notice of a potential or contingent claim, Stockholders shall deliver a subsequent notice to Xxxxx in accordance with Section 12.6 on or following the date such claim becomes an actual quantifiable claim. Each such subsequent notice shall, for purposes of this Section 10.5(b), be treated the same as other notices delivered pursuant to this Section 10.5(b), i.e., Xxxxx shall have the right to dispute and arbitrate all or a portion of said claim.

Appears in 1 contract

Samples: Stock Purchase Agreement (Dixie Group Inc)

AutoNDA by SimpleDocs

Claim Resolution. Xxxxx Stockholders shall have a period of twenty (20) days after receipt of a notice of claim within which to notify Stockholders Dxxxx of its disagreement with all or a portion of said claim or, in the case of a potential or contingent claim, the estimated amount of such claim. Notice to Xxxxx Dxxxx shall be provided in accordance with Section 12.6 10.6 hereof. If Stockholders have Dxxxx has not received notice of disagreement from Xxxxx Stockholders within the 20-day period, the amount of the claim shall be compensable in full. If Stockholders receive Dxxxx receives within the 20-day period a notice of disagreement regarding only a portion of a claim, the portion of the claim, to the extent such claim is actual as opposed to potential or Most Recent Balance Sheet contingent, not subject to disagreement shall be compensable in accordance with this Section. If Xxxxx Dxxxx and Stockholders are unable to resolve such matter within thirty (30) days of Stockholders' notice, then the dispute may be resolved by arbitration in accordance with Section 12.5 10.5 or by agreement between the parties. The prevailing party to any such arbitration shall be entitled to indemnification for its reasonable attorneys' fees and filing fees to the extent awarded by the arbitrator or arbitrators. To the extent Stockholders Dxxxx timely deliver delivers a notice of a potential or contingent claim, Stockholders Dxxxx shall deliver a subsequent notice to Xxxxx the Stockholders in accordance with Section 12.6 10.6 on or following the date such claim becomes an actual quantifiable claim. Each such subsequent notice shall, for purposes of this Section 10.5(b8.3(b), be treated the same as other notices delivered pursuant to this Section 10.5(b8.3(b), i.e., Xxxxx the Stockholders shall have the right to dispute and arbitrate all or a portion of said claim.

Appears in 1 contract

Samples: Stock Purchase Agreement (Dixie Group Inc)

Claim Resolution. Xxxxx Stockholders shall have a period of twenty (20) days after receipt of a notice of claim within which to notify Stockholders Xxxxx of its disagreement with all or a portion of said claim or, in the case of a potential or contingent claim, the estimated amount of such claim. Notice to Xxxxx shall be provided in accordance with Section 12.6 hereof. If Stockholders have Xxxxx has not received notice of disagreement from Xxxxx Stockholders within the 20-day period, the amount of the claim shall be compensable in full. If Stockholders receive Xxxxx receives within the 20-day period a notice of disagreement regarding only a portion of a claim, the portion of the claim, to the extent such claim is actual as opposed to potential or Most Recent Balance Sheet contingent, not subject to disagreement shall be compensable in accordance with this Section. If Xxxxx and Stockholders are unable to resolve such matter within thirty (30) days of Stockholders' notice, then the dispute may be resolved by arbitration in accordance with Section 12.5 or by agreement between the parties. The prevailing party to any such arbitration shall be entitled to indemnification for its reasonable attorneys' fees and filing fees to the extent awarded by the arbitrator or arbitrators. To the extent Stockholders Xxxxx timely deliver delivers a notice of a potential or contingent claim, Stockholders Xxxxx shall deliver a subsequent notice to Xxxxx the Stockholders in accordance with Section 12.6 on or following the date such claim becomes an actual quantifiable claim. Each such subsequent notice shall, for purposes of this Section 10.5(b10.3(b), be treated the same as other notices delivered pursuant to this Section 10.5(b10.3(b), i.e., Xxxxx the Stockholders shall have the right to dispute and arbitrate all or a portion of said claim.

Appears in 1 contract

Samples: Stock Purchase Agreement (Dixie Group Inc)

Claim Resolution. Xxxxx shall have a period of twenty (20) days after receipt of a notice of claim within which to notify Stockholders of its disagreement with all or a portion of said claim or, in the case of a potential or contingent claim, the estimated amount of such claim. Notice to Xxxxx shall be provided in accordance with Section 12.6 9.6 hereof. If Stockholders have not received notice of disagreement from Xxxxx within the 20-day period, the amount of the claim shall be compensable in full. If Stockholders receive within the 20-day period a notice of disagreement regarding only a portion of a claim, the portion of the claim, to the extent such claim is actual as opposed to potential contingent, not subject to disagreement shall be compensable in accordance with this Section. If Xxxxx and Stockholders are unable to resolve such matter within thirty (30) days of Stockholders' notice, then the dispute may be resolved by arbitration in accordance with Section 12.5 9.5 or by agreement between the parties. The prevailing party to any such arbitration shall be entitled to indemnification for its reasonable attorneys' fees and filing fees to the extent awarded by the arbitrator or arbitrators. To the extent Stockholders timely deliver a notice of a potential or contingent claim, Stockholders shall deliver a subsequent notice to Xxxxx in accordance with Section 12.6 9.6 on or following the date such claim becomes an actual quantifiable claim. Each such subsequent notice shall, for purposes of this Section 10.5(b8.5(b), be treated the same as other notices delivered pursuant to this Section 10.5(b8.5(b), i.e., Xxxxx shall have the right to dispute and arbitrate all or a portion of said claim.

Appears in 1 contract

Samples: Amended and Restated Stock Purchase Agreement (Dixie Group Inc)

AutoNDA by SimpleDocs

Claim Resolution. Xxxxx Stockholders shall have a period of twenty (20) days after receipt of a notice of claim within which to notify Stockholders Xxxxx of its disagreement with all or a portion of said claim or, in the case of a potential or contingent claim, the estimated amount of such claim. Notice to Xxxxx shall be provided in accordance with Section 12.6 9.6 hereof. If Stockholders have Xxxxx has not received notice of disagreement from Xxxxx Stockholders within the 20-day period, the amount of the claim shall be compensable in full. If Stockholders receive Xxxxx receives within the 20-day period a notice of disagreement regarding only a portion of a claim, the portion of the claim, to the extent such claim is actual as opposed to potential or Most Recent Balance Sheet contingent, not subject to disagreement shall be compensable in accordance with this Section. If Xxxxx and Stockholders are unable to resolve such matter within thirty (30) days of Stockholders' notice, then the dispute may be resolved by arbitration in accordance with Section 12.5 9.5 or by agreement between the parties. The prevailing party to any such arbitration shall be entitled to indemnification for its reasonable attorneys' fees and filing fees to the extent awarded by the arbitrator or arbitrators. To the extent Stockholders Xxxxx timely deliver delivers a notice of a potential or contingent claim, Stockholders Xxxxx shall deliver a subsequent notice to Xxxxx Stockholders in accordance with Section 12.6 9.6 on or following the date such claim becomes an actual quantifiable claim. Each such subsequent notice shall, for purposes of this Section 10.5(b8.3(b), be treated the same as other notices delivered pursuant to this Section 10.5(b8.3(b), i.e., Xxxxx Stockholders shall have the right to dispute and arbitrate all or a portion of said claim.

Appears in 1 contract

Samples: Amended and Restated Stock Purchase Agreement (Dixie Group Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.