Common use of Payment of Damages Clause in Contracts

Payment of Damages. An Indemnified Party shall be paid in cash by an Indemnifying Party the amount to which such Indemnified Party may become entitled by reason of the provisions of this ARTICLE XII, within fifteen (15) days after such amount is determined either by mutual agreement of the parties or on the date on which both such amount and an Indemnified Party’s obligation to pay such amount have been determined by a final, nonappealable judgment of a court or administrative body having jurisdiction over such proceeding.

Appears in 3 contracts

Samples: Acquisition Agreement (American Real Estate Partners L P), Terms   Agreement (Atlantic Coast Entertainment Holdings Inc), Acquisition Agreement (Pinnacle Entertainment Inc)

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Payment of Damages. An Except as otherwise permitted in Section 12.9(a), an Indemnified Party shall be paid in cash by an Indemnifying Party the amount to which such Indemnified Party may become entitled by reason of the provisions of this ARTICLE XII, within fifteen ten (1510) business days after such amount is determined either by mutual agreement of the parties or on the date on which both such amount and an Indemnified Party’s obligation to pay such amount have been determined by a final, nonappealable final judgment of a court or administrative body having jurisdiction over such proceeding.

Appears in 2 contracts

Samples: Equity Interest Purchase Agreement (CAESARS ENTERTAINMENT Corp), Equity Interest Purchase Agreement (Penn National Gaming Inc)

Payment of Damages. An Indemnified Party shall be paid in cash by an Indemnifying Party the amount to which such Indemnified Party may become entitled by reason of the provisions of this ARTICLE XIIArticle X, within fifteen (15) days after such amount is determined either by mutual agreement of the parties or on the date on which both such amount and an Indemnified Party’s obligation to pay such amount have been determined by a final, nonappealable final judgment of a court or administrative body having jurisdiction over such proceeding.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Manchester Mall Inc), Asset Purchase Agreement (Trump Entertainment Resorts Holdings Lp)

Payment of Damages. An Indemnified Party shall be paid in cash by an Indemnifying Party the amount to which such Indemnified Party may become entitled by reason of the provisions of this ARTICLE XIIArticle, within fifteen (15) 15 days after such amount is determined either by mutual agreement of the parties or on the date on which both such amount and an Indemnified Party’s obligation to pay such amount have been determined by a final, nonappealable final judgment of a court or administrative body having jurisdiction over such proceeding.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Trump Entertainment Resorts, Inc.), Asset Purchase Agreement (Trump Entertainment Resorts, Inc.)

Payment of Damages. An Indemnified Party shall be paid in cash Cash by an Indemnifying Party the amount to which such Indemnified Party may become entitled by reason of the provisions of this ARTICLE XIIArticle IX, within fifteen (15) days after such amount is determined either by mutual agreement of the parties Parties or on the date on which both such amount and an Indemnified Party’s obligation to pay such amount have been determined by a final, nonappealable final judgment of a court or administrative body having jurisdiction over such proceedingProceeding.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Isle of Capri Casinos Inc), Equity Purchase Agreement (Isle of Capri Casinos Inc)

Payment of Damages. An Indemnified Party shall be paid in cash by an Indemnifying Party the amount to which such Indemnified Party may become entitled by reason of the provisions of this ARTICLE XIIArticle XI, within fifteen five (155) days after such amount is determined either by mutual agreement of the parties or pursuant to the mediation proceeding described in Section 11.5 of this Agreement or on the date on which both such amount and an Indemnified Party’s obligation to pay such amount have been determined by a final, nonappealable final judgment of a court or administrative body having jurisdiction over such proceeding.

Appears in 2 contracts

Samples: Partnership Interest Purchase Agreement (Boyd Gaming Corp), Partnership Interest Purchase Agreement (Harrahs Entertainment Inc)

Payment of Damages. An Except as otherwise permitted in Section 11.8(a), an Indemnified Party shall be paid in cash by an Indemnifying Party the amount to which such Indemnified Party may become entitled by reason of the provisions of this ARTICLE XIIArticle 11, within fifteen ten (1510) days Business Days after such amount is determined either by mutual agreement of the parties or on the date on which both such amount and an Indemnified Party’s obligation to pay such amount have been determined by a final, nonappealable final judgment of a court or administrative body having jurisdiction over such proceeding.

Appears in 2 contracts

Samples: Equity Interest Purchase Agreement (PNK Entertainment, Inc.), Equity Interest Purchase Agreement (Pinnacle Entertainment Inc.)

Payment of Damages. An Indemnified Party shall be paid in cash by an Indemnifying Party the amount to which such Indemnified Party may become entitled by reason of the provisions of this ARTICLE XIIArticle X, within fifteen (15) days after such amount is determined either by mutual agreement of the parties or on the date on which both such amount and an Indemnified Party’s obligation to pay such amount have been determined by a final, nonappealable judgment of a court or administrative body having jurisdiction over such proceeding.

Appears in 1 contract

Samples: Asset Purchase Agreement (American Casino & Entertainment Properties LLC)

Payment of Damages. An Indemnified Party shall be paid in cash by an Indemnifying Party the amount to which such Indemnified Party may become entitled by reason of the provisions of this ARTICLE XII11, within fifteen ten (1510) business days after such amount is determined either by mutual agreement of the parties or on the date on which both such amount and an Indemnified Indemnifying Party’s obligation to pay such amount have been determined pursuant to the provisions of Section 11.4(b) or Section 11.4(f), if applicable, or by a final, nonappealable final judgment of a court or administrative body having jurisdiction over such proceeding.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Eldorado Resorts, Inc.)

Payment of Damages. An Indemnified Party shall be paid in cash Cash by an Indemnifying Party the amount to which such Indemnified Party may become entitled by reason of the provisions of this ARTICLE XIIArticle IX, within fifteen (15) days after such amount is determined either by mutual agreement of the parties or on the date on which both such amount and an Indemnified Party’s obligation to pay such amount have been determined by a final, nonappealable final judgment of a court or administrative body having jurisdiction over such proceedingProceeding.

Appears in 1 contract

Samples: Stock Purchase Agreement (Isle of Capri Casinos Inc)

Payment of Damages. An The Indemnified Party shall be paid in cash or by an wire transfer by the Indemnifying Party Parties the amount to which such the Indemnified Party may become entitled by reason of the provisions of this ARTICLE XIIArticle VIII, within fifteen five (155) days after such amount is determined either by mutual agreement of the parties or pursuant to the mediation proceeding described in Section 8.5 of this Agreement or on the date on which both such amount and an Indemnified the Indemnifying Party’s obligation to pay such amount have been determined by a final, nonappealable final judgment of a court or administrative body having jurisdiction over such proceeding.

Appears in 1 contract

Samples: Purchase Agreement (Pinnacle Entertainment Inc)

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Payment of Damages. An Indemnified Party shall be paid in cash by an Indemnifying Party the amount to which such Indemnified Party may become entitled by reason of the provisions of this ARTICLE XIIArticle X, within fifteen thirty (1530) calendar days after such amount is determined either by mutual agreement of the parties or on the date on which both such amount and an Indemnified Party’s obligation to pay such amount have been determined by a final, nonappealable final judgment of a court or administrative body Governmental Authority having jurisdiction over such proceeding.

Appears in 1 contract

Samples: Asset Purchase Agreement (Nevada Gold & Casinos Inc)

Payment of Damages. An Indemnified Party 14.4 Payment of Damages The indemnified party shall be paid in cash by an Indemnifying Party the indemnifying party the amount to which such Indemnified Party the indemnified party may become entitled by reason of the provisions of this ARTICLE XIIArticle XIV, within fifteen (15) days after such amount is determined either by mutual agreement of the parties or on the date on which both such amount and an Indemnified Party’s indemnified party's obligation to pay such amount have been determined by a finalfinal judgment (i.e., nonappealable a judgment which is not subject to further appeal) of a court or administrative body having jurisdiction over such proceeding.

Appears in 1 contract

Samples: Agreement for Purchase and Sale (Boyd Gaming Corp)

Payment of Damages. An Indemnified Party shall be paid in cash by an Indemnifying Party the amount to which such Indemnified Party may become entitled by reason of the provisions of this ARTICLE XIISection 6.6, within fifteen five (155) days Business Days after such amount is determined either by mutual agreement of the parties or pursuant to the mediation proceeding described in Section 6.8 of this Agreement or on the date on which both such amount and an Indemnified Party’s 's obligation to pay such amount have been determined by a final, nonappealable final judgment of a court or administrative body having jurisdiction over such proceeding.

Appears in 1 contract

Samples: Joint Escrow Instructions (Boyd Gaming Corp)

Payment of Damages. An Indemnified Party shall be paid in cash by an Indemnifying Party the amount to which such Indemnified Party may become entitled by reason of the provisions of this ARTICLE XII, Article IX within fifteen ten (1510) days after such amount is determined either by mutual agreement of the parties or on the date on which both such amount and an Indemnified Party’s obligation to pay such amount have been determined by a final, nonappealable final judgment of a court or administrative body having jurisdiction over such proceeding.

Appears in 1 contract

Samples: Purchase Agreement (Peninsula Gaming, LLC)

Payment of Damages. An The Indemnified Party shall be paid in cash or by an wire transfer by the Indemnifying Party Parties the amount to which such the Indemnified Party may become entitled by reason of the provisions of this ARTICLE XIIIX, within fifteen five (155) days after such amount is determined either by mutual agreement of the parties or pursuant to the mediation proceeding described in Section 9.5 of this Agreement or on the date on which both such amount and an Indemnified the Indemnifying Party’s obligation to pay such amount have been determined by a final, nonappealable final judgment of a court or administrative body having jurisdiction over such proceeding.

Appears in 1 contract

Samples: Agreement for the Sale and Purchase (Pinnacle Entertainment Inc)

Payment of Damages. An The Indemnified Party shall be paid in cash by an the Indemnifying Party the amount to which such the Indemnified Party may become entitled by reason of the provisions of this ARTICLE XIIArticle IX, within fifteen five (155) days after such amount is determined either by mutual agreement of the parties or pursuant to the arbitration proceeding described in Section 9.5 of this Agreement or on the date on which both such amount and an the Indemnified Party’s 's obligation to pay such amount have been determined by a final, nonappealable final judgment of a court or administrative body having jurisdiction over such proceeding.

Appears in 1 contract

Samples: Stock Purchase Agreement (Horseshoe Gaming Holding Corp)

Payment of Damages. An The Indemnified Party shall be paid in cash by an the Indemnifying Party the amount to which such the Indemnified Party may become entitled by reason of the provisions of this ARTICLE XIIArticle IX, within fifteen five (155) days after such amount is determined either by mutual agreement of the parties or pursuant to the arbitration proceeding described in Section 9.5 of this Agreement or on the date on which both such amount and an the Indemnified Party’s obligation to pay such amount have been determined by a final, nonappealable final judgment of a court or administrative body having jurisdiction over such proceeding.

Appears in 1 contract

Samples: Stock Purchase Agreement (Harrahs Entertainment Inc)

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