Overall Limit Sample Clauses

Overall Limit. The aggregate amount of:
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Overall Limit. For any Participant of this Plan who at any time participated in a defined benefit plan of the Employer, the rate of benefit accrual by such Participant in each defined benefit plan in which the Participant participates during the Limitation Year will be reduced to the extent necessary to prevent the sum of the following fractions, computed as of the close of the Limitation Year, from exceeding 1.0: Project Annual Benefit of the Participant under all defined benefit plans divided by The lesser of (1) the product of 1.25 multiplied by the dollar limitation in effect under Code Section 415(b)(1)(A) for such Limitation Year, or (2) the product of 1.4 multiplied by the amount which may be taken into account under Code Section 415(b)(1)(B) with respect to such Participant for such Limitation Year plus The sum of Annual Additions to such Participant's Aggregate Account under all defined contribution plans in such Limitation Year and for all prior Limitation Years
Overall Limit. (a) Notwithstanding anything in this Agreement to the contrary, Sellers shall not be liable for any claim against them for indemnity under Sections 7.02 (excluding claims for actual tax liability, interest and penalties), 7.03 or 7.04 of this Agreement, either as asserted or as ultimately determined, equal to or less than Two Hundred Fifty Thousand ($250,000.00) Dollars in the aggregate for all claims under those Sections, and the maximum collective liability of Sellers for any and all claims against them for indemnity under Sections 7.02 (excluding claims for actual tax liability, interest and penalties), 7.03 and 7.04 of this Agreement, shall not exceed Nine Million ($9,000,000.00) Dollars, provided that claims for which Sellers are not liable by virtue of the Two Hundred Fifty Thousand ($250,000.00) Dollar exclusion provided above in this Section shall not be counted as a claim in determining said maximum liability. For purposes of Section 7.02, the amount of the actual tax liability (including interest and penalties) is not subject to the dollar floor and cap set out herein, however, all other expenses associated with the tax liability and subject to Section 7.02, such as attorney fees and costs of defense, are subject to the dollar floor and cap set out in this Section 7.09(a).
Overall Limit. Overall Limit: Rs. /- Rupees ( ) (This Overall Limit may be increase/decrease or constituents of the Overall Limit may be modified by the Sanction Letter or Individual Facility Sanction Letter) Date of the Sanction Letter: Details of Individual Facility sanction under the sanction letter
Overall Limit. (a) Notwithstanding anything in this Agreement to the contrary, Sellers shall not be liable for any claim or claims against them for indemnity under Sections 8.2 (excluding -39- claims for actual Tax liability, interest and penalties), 8.3 or 8.4 (excluding claims related to, resulting from or arising out of a breach of the representations and warranties made by the Sellers in Section 2.5 ("Capitalization Claims")) of this Agreement, until the aggregate value of all such claims, either as asserted or as ultimately determined, equals to or exceeds Two Hundred Fifty Thousand ($250,000) Dollars, and the maximum liability of each Seller for any and all claims against him for indemnity under Sections 8.2 (excluding claims for actual Tax liability, interest and penalties), 8.3 and 8.4 (excluding Capitalization Claims) of this Agreement, shall not exceed an amount equal to the product of (x) the percentage set forth opposite such Seller's name in Schedule 8.9 hereto, multiplied by (y) the Indemnity Cap. For purposes of this Section 8.9(a), the "Indemnity Cap" shall mean:
Overall Limit. Notwithstanding anything in this Agreement to the contrary, Sellers shall not be liable for any claim against them for indemnity under Sections 7.03(b) and (c) or 7.04 of this Agreement, either as asserted or as ultimately determined, equal to or less than $50,000.00 in the aggregate for all claims under those Sections, and the maximum collective liability of Sellers for any and all claims against them for indemnity under Sections 7.03(b) and (c) and 7.04 of this Agreement, shall not exceed Twenty-Five Million ($25,000,000.00) Dollars, provided that claims for which Sellers are not liable by virtue of the $50,000.00 exclusion provided above in this Section shall not be counted as a claim in determining said maximum liability. Sellers liability under Subsection 7.03(b) shall not exceed in the aggregate Five Million ($5,000,000.00) Dollars, and Sellers will have no liability with respect to the indemnification set forth in Subsection 7.03(b) for any amount of claims which in the aggregate exceeds Five Million ($5,000,000.00) Dollars. Sellers liability under Subsection 7.03(c) shall not exceed in the aggregate Ten Million ($10,000,000.00) Dollars, and Sellers will have no liability with respect to the indemnification set forth in Subsection 7.03(c) for any amount of claims which in the aggregate exceeds Ten Million ($10,000,000.00) Dollars. Sellers liability under Section 7.04 shall not exceed in the aggregate Twenty-Five Million ($25,000,000.00) Dollars, and Sellers will have no liability with respect to the indemnification set forth in Section 7.04 for any amount of claims which in the aggregate exceeds Twenty-Five Million ($25,000,000.00) Dollars.
Overall Limit. Contractor’s overall cumulative liability for damages to Owners arising under or in relation to this Agreement will in no event exceed an amount equal to [**] percent ([**]%) of the Target Price; provided, however, such limitation of liability shall not apply to, and no credit shall be issued against such limitations for:
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Related to Overall Limit

  • Aggregate Limit The issuance and sale of the Shares issuable pursuant to such Fixed Request Notice or Optional Amount shall not violate Sections 2.2, 2.12 and 5.5 hereof.

  • Pro Rata Shares Availability of Funds (a) All Loans shall be made by Lenders simultaneously and proportionately to their respective Pro Rata Shares, it being understood that no Lender shall be responsible for any default by any other Lender in such other Lender's obligation to make a Loan requested hereunder nor shall the Commitment of any Lender be increased or decreased as a result of a default by any other Lender in such other Lender's obligation to make a Loan requested hereunder.

  • Maximum Advance Amount The amount of an Advance requested by the Company shall not exceed the Maximum Advance Amount. In addition, in no event shall the number of shares issuable to the Investor pursuant to an Advance cause the aggregate number of shares of Common Stock beneficially owned by the Investor and its affiliates to exceed nine and 9/10 percent (9.9%) of the then outstanding Common Stock of the Company. For the purposes of this section beneficial ownership shall be calculated in accordance with Section 13(d) of the Exchange Act.

  • Maximum Loan Amount No loan to a Participant under the Plan may exceed the lesser of:

  • Reallocation of Pro Rata Shares to Reduce Fronting Exposure All or any part of such Defaulting Lender’s participation in L/C Obligations and Swing Line Loans shall be reallocated among the Non-Defaulting Lenders in accordance with their respective Pro Rata Shares (calculated without regard to such Defaulting Lender’s Commitment) but only to the extent that (x) the conditions set forth in Section 5.02 are satisfied at the time of such reallocation (and, unless the Company shall have otherwise notified the Administrative Agent at such time, the Borrowers shall be deemed to have represented and warranted that such conditions are satisfied at such time), and (y) such reallocation does not cause the portion of the Total Revolving Outstandings of any Non-Defaulting Lender to exceed such Non-Defaulting Lender’s Commitment. No reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Lender having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting Lender’s increased exposure following such reallocation.

  • Reallocation of Pro Rata Share to Reduce Fronting Exposure During any period in which any Revolving Credit Lender is a Defaulting Lender, for purposes of computing the amount of the obligation of each Revolving Credit Lender that is a Non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit or Swing Line Loans pursuant to Section 2.03, the “Pro Rata Share” of each Non-Defaulting Lender’s Revolving Credit Loans and L/C Obligations shall be computed without giving effect to the Revolving Credit Commitment of that Defaulting Lender; provided that (i) each such reallocation shall be given effect only if, at the date the applicable Revolving Credit Lender becomes a Defaulting Lender, no Default or Event of Default has occurred and is continuing; and (ii) the aggregate obligation of each Non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Loans shall not exceed the positive difference, if any, of (1) the Revolving Credit Commitment of that Non-Defaulting Lender minus (2) the aggregate Outstanding Amount of the Revolving Credit Loans of that Non-Defaulting Lender. No reallocation hereunder shall constitute a waiver or release of any claim of any party hereunder against a Defaulting Lender arising from that Lender having become a Defaulting Lender, including any claim of a Non-Defaulting Lender as a result of such Non-Defaulting Lender’s increased exposure following such reallocation. If the allocation described in this clause (iv) cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swing Line Loans in an amount equal to the Swing Line Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C Issuers’ Fronting Exposure in accordance with the procedures satisfactory to such L/C Issuer (in its sole discretion).

  • Reallocation of Applicable Percentages to Reduce Fronting Exposure During any period in which there is a Defaulting Lender, for purposes of computing the amount of the obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit or Swing Line Loans pursuant to Sections 2.03 and 2.04, the “Applicable Percentage” of each non-Defaulting Lender shall be computed without giving effect to the Commitment of that Defaulting Lender; provided, that, (i) each such reallocation shall be given effect only if, at the date the applicable Lender becomes a Defaulting Lender, no Default or Event of Default exists; and (ii) the aggregate obligation of each non-Defaulting Lender to acquire, refinance or fund participations in Letters of Credit and Swing Line Loans shall not exceed the positive difference, if any, of (1) the Commitment of that non-Defaulting Lender minus (2) the aggregate Outstanding Amount of the Committed Loans of that Lender.

  • Base Amount For purposes of this Agreement, "Base Amount" shall mean the Executive's annual base salary at the rate in effect as of the date of a Change in Control or, if greater, at any time thereafter, determined without regard to any salary reduction or deferred compensation elections made by the Executive.

  • Available Commitment After giving effect to the proposed Borrowing, the Principal Obligations will not exceed the Available Commitment and the aggregate Principal Obligations will not exceed the Maximum Commitment.

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