Examples of Setoff Amount in a sentence
Genzyme shall use commercially reasonable efforts to mitigate its losses, damages and expenses that are subject to setoff pursuant to this Section 16.6. For clarity, in no event shall Voyager be obligated to pay any amounts to Genzyme under this Section 16.6, and Genzyme shall not be entitled to a Setoff Amount which is in excess of any amounts owed to Voyager pursuant to Section 12 (Financial Terms; Royalty Reports; Payments and Audits).
In the event that, at such time as all principal and interest becomes due and payable under the terms of the Long Term Note, Purchaser has submitted one or more Purchaser Claims with respect to which the Setoff Amount has not yet been determined or has been determined but is not yet paid, then Purchaser shall withhold from its payment to Seller of all such principal and interest an amount (the "Withheld Amount") equal to the aggregate Purchaser Claims claimed by Purchaser.
To the extent that on the first anniversary of the Closing Date the sum of the Distribution Payable and the Credit Amount exceeds any amounts Buyer owes to Seller under Section 5.9, Buyer may at its option set off any such excess amount (the "Setoff Amount") against the Purchase Note (as hereinafter described) or require Seller to pay in cash, such excess amount.
If the Setoff Amount is unascertainable, the nonbreaching party may, acting in a commercially reasonable manner, estimate the amount thereof and reduce its payment obligations to the breaching party as set forth herein in respect of the estimate, subject to accounting to the breaching party when the Setoff Amount is ascertained.
Buyer shall provide notice to Seller, on the first anniversary of the Closing Date, of its election to setoff the Setoff Amount against the "Obligations" (as defined in the Loan Agreement) owed to Seller.