Common use of Profit Limitation Clause in Contracts

Profit Limitation. (a) Notwithstanding any other provision of this Agreement, in no event shall the Grantee's Total Profit exceed $225 million and, if it otherwise would exceed such amount, the Grantee, at its sole election, shall either (i) deliver to the Company for cancellation Option Shares previously purchased by Grantee, (ii) pay cash or other consideration to the Company or (iii) undertake any combination thereof, so that the Grantee's Total Profit shall not exceed $225 million after taking into account the foregoing actions.

Appears in 2 contracts

Samples: Stock Option Agreement (Halliburton Co), Stock Option Agreement (Dresser Industries Inc /De/)

AutoNDA by SimpleDocs

Profit Limitation. (a) Notwithstanding any other provision of this Agreement, in no event shall the Grantee's Total Profit (as hereinafter defined) exceed $225 million 4,000,000.00 and, if it otherwise would exceed such amount, amount the Grantee, at its sole election, shall either (i) deliver to the Company Grantor for cancellation Option Shares previously purchased by the Grantee, (ii) pay cash or other consideration to the Company Grantor or (iii) undertake any combination thereof, so that the Grantee's Total Profit shall not exceed $225 million 4,000,000.00 after taking into account the foregoing actions.

Appears in 2 contracts

Samples: Termination Option Agreement (Anthony C R Co), Termination Option Agreement (Stage Stores Inc)

Profit Limitation. (a) Notwithstanding any other provision of this Agreement, in no event shall the Grantee's Total Profit (as hereinafter defined) exceed $225 10 million and, if it otherwise would exceed such amount, the Grantee, at its sole election, shall either (ia) deliver to the Company Issuer for cancellation Option Shares previously purchased by Grantee, (iib) pay cash or other consideration to the Company Issuer or (iiic) undertake any combination thereof, so that the Grantee's Total Profit shall not exceed $225 10 million after taking into account the foregoing actions.

Appears in 1 contract

Samples: Stock Option Agreement (Astoria Financial Corp)

AutoNDA by SimpleDocs

Profit Limitation. (a) Notwithstanding any other provision of this Agreement, in no event shall the Grantee's Total Profit (as defined in Section 11(c) below) exceed $225 30 million and, if it otherwise would exceed such amount, the Grantee, at its sole election, shall either (i) deliver to the Company Grantor for cancellation Option Shares previously purchased by Grantee, (ii) pay cash or other consideration to the Company Grantor or (iii) undertake any combination thereof, so that the Grantee's Total Profit shall not exceed $225 30 million after taking into account the foregoing actions.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Arbor Software Corp)

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