Damage Amount definition

Damage Amount shall have the meaning ascribed to such term in Section 2.1(d) hereof.

Damage Amount has the meaning given such term in Section 4.01(b)(i)(A).

Damage Amount shall have the meaning set forth in Section 5 hereof.

Examples of Damage Amount in a sentence

• Notwithstanding any payment of a Product Replacement Damage Amount, all of Seller’s obligations under Sections 3.01 and 3.02 continue to apply.

• The Lost Output amount that will be used by SCE in the Product Replacement Damage Amount calculation, set forth in Exhibit F, will be the amount calculated pursuant to Exhibit L or otherwise resolved pursuant to Section 3.23(b).

• Notwithstanding anything to the contrary in this Agreement, if this Agreement is terminated prior to the end of the then-current Term, the Liquidated Damage Amount shall be immediately due and payable by Merchant to Processor.

• If the Parties are unable to resolve a dispute regarding any Energy Replacement Damage Amount within thirty (30) days after the sending of a Notice of dispute by Seller, either Party may submit the dispute to mediation and arbitration as provided in Article Twelve.

• The Parties shall negotiate in good faith to resolve any disputed portion of the Energy Replacement Damage Amount and shall, as part of such good faith negotiations, promptly provide information or data relevant to the dispute as each Party may possess which is requested by the other Party.

More Definitions of Damage Amount

Damage Amount means, with respect to any and all damage, destruction or condemnation covered by Section 5(e) in the aggregate, the amount equal to the actual damage, destruction or condemnation.

Damage Amount means the difference between (1) a property's estimated market value as determined on January 2, 2020, and (2) the property's estimated market value as determined under subdivision 4.

Damage Amount means, as of any time, the portion of the Additional Share Purchase Price not paid in cash by the Purchaser to the Company at such time. Notwithstanding anything in this Agreement or any of the other Transaction Documents to the contrary, if the Purchaser pays the Damage Amount, then the Company, simultaneously with such payment, will issue to the Purchaser all Additional Shares not theretofore issued by the Company to the Purchaser.

Damage Amount means, with respect to any and all damage, destruction or condemnation covered by Section 5(e) in the aggregate, the amount equal to 115% of the replacement cost of the underlying asset.

Damage Amount means, as of any date, the Maximum Commitment minus Aggregate Outstandings as of such date.

Damage Amount shall be the actual damage (Mangelschaden) of any Representation and Warranty not being true and correct as measured on the level of the relevant member of the BGS Group with respect to which such breach occurred, i.e. (a) the amount that is needed to put such member of the BGS Group into the position it would have been had the respective Representation and Warranty not been breached; provided, however, if (i) the relevant breach cannot be cured by payment of money or (ii) the amount needed to put such BGS Group member into such position would be higher than the damage actually suffered by Purchaser (with Sellers having the burden of proof for both (i) and (ii)), it shall be (b) such amount by which the value of the Company is reduced as compared to the value it would have had the respective Representation and Warranty not been breached; provided that the Damage Amount (and Sellers’ corresponding liability) shall in no event include or take into account any consequential damages (Mangelfolgeschäden) or loss of profits (entgangener Gewinn).

Damage Amount means, with respect to any and all damage, destruction or condemnation covered by Section 5(e) in the aggregate, the amount determined in accordance with Part I of Schedule 1(j).