Individual Claim definition

Individual Claim has the meaning specified in Section 10.7.1.

Individual Claim means any indemnification claim or series of indemnification claims arising from the same underlying facts, events or occurrence or circumstance.

Individual Claim is defined in Section 13(e)(i).

Examples of Individual Claim in a sentence

• Notwithstanding the foregoing, the Individual Claim Threshold, the Basket Amount and the Cap Amount shall not apply to any claim for (a) breach of a Fundamental Representation or (b) fraudulent or intentional misrepresentation.

• If a Response Notice is not received by the Indemnitee prior to the expiration of the Dispute Period, then the Sellers’ Representative (or, in the case of an Individual Claim, to the applicable Indemnitor) shall be conclusively deemed to have agreed that the full Claimed Amount is owed to the Indemnitee.

• Individual Claim Threshold: Aggregate Claim Threshold: • $100,000 from private individuals or companies • $150,000 from private individuals or companies • $50,000 from all others, including other warehouse lenders or investors • $100,000 from all others, including other warehouse lenders or investors • Judgment Threshold: $25,000 [***] – Confidential portions of this document have been redacted and filed separately with the Commission.

• For the purposes of the foregoing clause 12.3.1, in the event of a series of relevant claims based on the same or a related set of facts, events or circumstances, such series of claims shall be treated as a single claim and the aggregate total of the Losses resulting from such series of claims shall be used to determine whether the Individual Claim Threshold Amount has been exceeded.

• In the event of a series of claims based on the same facts, such series of claims shall be treated as a single claim and the aggregate cumulative liability resulting from such series of claims shall be used to determine whether the Individual Claim Threshold has been exceeded.

More Definitions of Individual Claim

Individual Claim shall have the meaning described in Section 15.2(a);

Individual Claim has the meaning specified in Section 7.6.1.

Individual Claim means a single and isolated occurrence of an event which gives rise to an indemnification claim, and specifically does not include a series of related events or a repeated occurrence of the same event.

Individual Claim means a Claim where all requests for schedule or monetary relief or payment arise from a single event, occurrence or incident, or from a group of events, occurrences or incidents that are sufficiently related such that the DRB concludes the ends of justice and economy are promoted by considering the requests/disputes in the context of one another. The DRB shall determine the existence, scope and composition of an Individual Claim in the event of a disagreement between the Parties as to the same. Subdivision of an Individual Claim for the purpose of creating, or which creates, multiple Claims that are less than [***] pursuant to Section 27A.2(b) of the EPC Agreement is prohibited. Aggregation of Individual Claims for the purpose of avoiding the effects of Section 27A.3 of the EPC Agreement is also prohibited.

Individual Claim means a Claim submitted by a single Claimant.

Individual Claim shall have the meaning described in Section 19.2(a) "Individual Environmental Liability" shall have the meaning described in Section 23.2(b) "Intellectual Property Rights" shall have the meaning described in Section 17.13 "Intercompany Agreements" shall have the meaning described in Section 32.1 "Knowledge of Seller" shall have the meaning described in Section 17.51 "Liquid Assets" shall have the meaning described in Section 13.2 (b) "Loss" shall have the meaning described in Section 23.1(d) "Management" shall have the meaning described in Section 17.41 "Material Agreements" shall have the meaning described in Exhibit 17.11(a) "Material Adverse Change" shall have the meaning described in Section 31.1(b) "Material Adverse Effect" shall have the meaning described in Section 17.22(c) "MG NAH Group" shall have the meaning described in Section 26.1 "New Issues" shall have the meaning described in Section 42.3 "Noah Adjustments" shall have the meaning described in Section 22.6 "Noah Step Up" shall have the meaning described in Section 22.6 "Noah Tax Assessment" shall have the meaning described in Section 22.6 "Noah Tax Assessment Date" shall have the meaning described in Section 22.6 "Outstanding Exhibits" shall have the meaning described in Section 41.1 "Owned Real Estate" shall have the meaning described in Section 17.12(a) "Past Practices" shall have the meaning described in Section 26.1 "Permits" shall have the meaning described in Section 17.22(a) "Plan" or "Plans" shall have the meaning described in Section 17.38 "Pre-Closing Period" shall have the meaning described in Section 22.1 "Pre-Closing Straddle Period" shall have the meaning described in Section 22.2 "Post-Closing Period" shall have the meaning described in Section 22.2 "Post-Closing Straddle Period" shall have the meaning described in Section 22.2 "Product Liability Claim" shall have the meaning described in Section 17.44(a) "Provisional Financial Debt" shall have the meaning described in Section 12.2(a) "Provisional Liquid Assets" shall have the meaning described in Section 12.2(b)

Individual Claim has the meaning provided such term in Section 8.2(a)(ii).