Common use of Claim Resolution Clause in Contracts

Claim Resolution. Stockholders shall have a period of twenty (20) days after receipt of a notice of claim within which to notify ▇▇▇▇▇ of its disagreement with all or a portion of said claim or, in the case of a potential or contingent claim, the estimated amount of such claim. Notice to ▇▇▇▇▇ shall be provided in accordance with Section 12.6 hereof. If ▇▇▇▇▇ has not received notice of disagreement from Stockholders within the 20-day period, the amount of the claim shall be compensable in full. If ▇▇▇▇▇ receives within the 20-day period a notice of disagreement regarding only a portion of a claim, the portion of the claim, to the extent such claim is actual as opposed to potential or Most Recent Balance Sheet contingent, not subject to disagreement shall be compensable in accordance with this Section. If ▇▇▇▇▇ and Stockholders are unable to resolve such matter within thirty (30) days of Stockholders' notice, then the dispute may be resolved by arbitration in accordance with Section 12.5 or by agreement between the parties. The prevailing party to any such arbitration shall be entitled to indemnification for its reasonable attorneys' fees and filing fees to the extent awarded by the arbitrator or arbitrators. To the extent ▇▇▇▇▇ timely delivers a notice of a potential or contingent claim, ▇▇▇▇▇ shall deliver a subsequent notice to the Stockholders in accordance with Section 12.6 on or following the date such claim becomes an actual quantifiable claim. Each such subsequent notice shall, for purposes of this Section 10.3(b), be treated the same as other notices delivered pursuant to this Section 10.3(b), i.e., the Stockholders shall have the right to dispute and arbitrate all or a portion of said claim.

Appears in 1 contract

Sources: Stock Purchase Agreement (Dixie Group Inc)

Claim Resolution. Stockholders ▇▇▇▇▇ shall have a period of twenty (20) days after receipt of a notice of claim within which to notify ▇▇▇▇▇ Stockholders of its disagreement with all or a portion of said claim or, in the case of a potential or contingent claim, the estimated amount of such claim. Notice to ▇▇▇▇▇ shall be provided in accordance with Section 12.6 hereof. If ▇▇▇▇▇ has Stockholders have not received notice of disagreement from Stockholders ▇▇▇▇▇ within the 20-day period, the amount of the claim shall be compensable in full. If ▇▇▇▇▇ receives Stockholders receive within the 20-day period a notice of disagreement regarding only a portion of a claim, the portion of the claim, to the extent such claim is actual as opposed to potential or Most Recent Balance Sheet contingent, not subject to disagreement shall be compensable in accordance with this Section. If ▇▇▇▇▇ and Stockholders are unable to resolve such matter within thirty (30) days of Stockholders' notice, then the dispute may be resolved by arbitration in accordance with Section 12.5 or by agreement between the parties. The prevailing party to any such arbitration shall be entitled to indemnification for its reasonable attorneys' fees and filing fees to the extent awarded by the arbitrator or arbitrators. To the extent ▇▇▇▇▇ Stockholders timely delivers deliver a notice of a potential or contingent claim, ▇▇▇▇▇ Stockholders shall deliver a subsequent notice to the Stockholders ▇▇▇▇▇ in accordance with Section 12.6 on or following the date such claim becomes an actual quantifiable claim. Each such subsequent notice shall, for purposes of this Section 10.3(b10.5(b), be treated the same as other notices delivered pursuant to this Section 10.3(b10.5(b), i.e., the Stockholders ▇▇▇▇▇ shall have the right to dispute and arbitrate all or a portion of said claim.

Appears in 1 contract

Sources: Stock Purchase Agreement (Dixie Group Inc)

Claim Resolution. Stockholders shall have a period of twenty (20) days after receipt of a notice of claim within which to notify ▇▇▇▇▇ of its disagreement with all or a portion of said claim or, in the case of a potential or contingent claim, the estimated amount of such claim. Notice to ▇▇▇▇▇ shall be provided in accordance with Section 12.6 9.6 hereof. If ▇▇▇▇▇ has not received notice of disagreement from Stockholders within the 20-day period, the amount of the claim shall be compensable in full. If ▇▇▇▇▇ receives within the 20-day period a notice of disagreement regarding only a portion of a claim, the portion of the claim, to the extent such claim is actual as opposed to potential or Most Recent Balance Sheet contingent, not subject to disagreement shall be compensable in accordance with this Section. If ▇▇▇▇▇ and Stockholders are unable to resolve such matter within thirty (30) days of Stockholders' notice, then the dispute may be resolved by arbitration in accordance with Section 12.5 9.5 or by agreement between the parties. The prevailing party to any such arbitration shall be entitled to indemnification for its reasonable attorneys' fees and filing fees to the extent awarded by the arbitrator or arbitrators. To the extent ▇▇▇▇▇ timely delivers a notice of a potential or contingent claim, ▇▇▇▇▇ shall deliver a subsequent notice to the Stockholders in accordance with Section 12.6 9.6 on or following the date such claim becomes an actual quantifiable claim. Each such subsequent notice shall, for purposes of this Section 10.3(b8.3(b), be treated the same as other notices delivered pursuant to this Section 10.3(b8.3(b), i.e., the Stockholders shall have the right to dispute and arbitrate all or a portion of said claim.

Appears in 1 contract

Sources: Stock Purchase Agreement (Dixie Group Inc)

Claim Resolution. Stockholders shall have a period of twenty (20) days after receipt of a notice of claim within which to notify D▇▇▇▇ of its disagreement with all or a portion of said claim or, in the case of a potential or contingent claim, the estimated amount of such claim. Notice to D▇▇▇▇ shall be provided in accordance with Section 12.6 10.6 hereof. If D▇▇▇▇ has not received notice of disagreement from Stockholders within the 20-day period, the amount of the claim shall be compensable in full. If D▇▇▇▇ receives within the 20-day period a notice of disagreement regarding only a portion of a claim, the portion of the claim, to the extent such claim is actual as opposed to potential or Most Recent Balance Sheet contingent, not subject to disagreement shall be compensable in accordance with this Section. If D▇▇▇▇ and Stockholders are unable to resolve such matter within thirty (30) days of Stockholders' notice, then the dispute may be resolved by arbitration in accordance with Section 12.5 10.5 or by agreement between the parties. The prevailing party to any such arbitration shall be entitled to indemnification for its reasonable attorneys' fees and filing fees to the extent awarded by the arbitrator or arbitrators. To the extent D▇▇▇▇ timely delivers a notice of a potential or contingent claim, D▇▇▇▇ shall deliver a subsequent notice to the Stockholders in accordance with Section 12.6 10.6 on or following the date such claim becomes an actual quantifiable claim. Each such subsequent notice shall, for purposes of this Section 10.3(b8.3(b), be treated the same as other notices delivered pursuant to this Section 10.3(b8.3(b), i.e., the Stockholders shall have the right to dispute and arbitrate all or a portion of said claim.

Appears in 1 contract

Sources: Stock Purchase Agreement (Dixie Group Inc)

Claim Resolution. Stockholders ▇▇▇▇▇ shall have a period of twenty (20) days after receipt of a notice of claim within which to notify ▇▇▇▇▇ Stockholders of its disagreement with all or a portion of said claim or, in the case of a potential or contingent claim, the estimated amount of such claim. Notice to ▇▇▇▇▇ shall be provided in accordance with Section 12.6 9.6 hereof. If ▇▇▇▇▇ has Stockholders have not received notice of disagreement from Stockholders ▇▇▇▇▇ within the 20-day period, the amount of the claim shall be compensable in full. If ▇▇▇▇▇ receives Stockholders receive within the 20-day period a notice of disagreement regarding only a portion of a claim, the portion of the claim, to the extent such claim is actual as opposed to potential or Most Recent Balance Sheet contingent, not subject to disagreement shall be compensable in accordance with this Section. If ▇▇▇▇▇ and Stockholders are unable to resolve such matter within thirty (30) days of Stockholders' notice, then the dispute may be resolved by arbitration in accordance with Section 12.5 9.5 or by agreement between the parties. The prevailing party to any such arbitration shall be entitled to indemnification for its reasonable attorneys' fees and filing fees to the extent awarded by the arbitrator or arbitrators. To the extent ▇▇▇▇▇ Stockholders timely delivers deliver a notice of a potential or contingent claim, ▇▇▇▇▇ Stockholders shall deliver a subsequent notice to the Stockholders ▇▇▇▇▇ in accordance with Section 12.6 9.6 on or following the date such claim becomes an actual quantifiable claim. Each such subsequent notice shall, for purposes of this Section 10.3(b8.5(b), be treated the same as other notices delivered pursuant to this Section 10.3(b8.5(b), i.e., the Stockholders ▇▇▇▇▇ shall have the right to dispute and arbitrate all or a portion of said claim.

Appears in 1 contract

Sources: Stock Purchase Agreement (Dixie Group Inc)