Common use of Damage to Parent Clause in Contracts

Damage to Parent. The parties acknowledge and agree that, if the Surviving Corporation suffers, incurs or otherwise becomes subject to any Damages as a result of or in connection with any inaccuracy in or breach of any representation, warranty, covenant or obligation, then (without limiting any of the rights of the Surviving Corporation as an Indemnitee) Parent shall also be deemed, by virtue of its ownership of the stock of the Surviving Corporation, to have incurred such Damages as a result of and in connection with such inaccuracy or breach (it being, understood, however, that the Indemnitees shall not be entitled to recover more than once for the same Damages).

Appears in 1 contract

Sources: Merger Agreement (Oclaro, Inc.)

Damage to Parent. The parties acknowledge and agree that, if the Surviving Corporation suffers, incurs or otherwise becomes subject to any Damages as a result of or in connection with any inaccuracy in or breach of any representation, warranty, covenant or obligation, then (without limiting any of the rights of the Surviving Corporation as an Indemnitee) Parent shall also be deemed, by virtue of its ownership of the capital stock of the Surviving Corporation, to have incurred such Damages as a result of and in connection with such inaccuracy or breach (it being, understoodbreach. This Section 7.2(b) shall not, however, that allow a duplicative recovery of the same Damages by Parent, on the one hand, and the Indemnitees shall not be entitled to recover more other than once for Parent, on the same Damages)other hand.

Appears in 1 contract

Sources: Merger Agreement (Ligand Pharmaceuticals Inc)

Damage to Parent. The parties acknowledge and agree that, if the Surviving Corporation suffers, incurs or otherwise becomes subject to any Damages as a result of or in connection with any inaccuracy in or breach of any representation, warranty, covenant or obligation, then (without limiting any of the rights of the Surviving Corporation as an Indemnitee) Parent shall also be deemed, by virtue of its ownership of the stock of the Surviving Corporation, to have incurred such Damages as a result of and in connection with such inaccuracy or breach (it being, understood, however, that the Indemnitees shall not be entitled to recover more than once for the same Damages).

Appears in 1 contract

Sources: Merger Agreement (Oclaro, Inc.)

Damage to Parent. The parties acknowledge and agree that, if the Surviving Corporation Company suffers, incurs or otherwise becomes subject to any Damages as a result of or in connection with any inaccuracy in or breach of any representation, warranty, covenant or obligation, then (without limiting any of the rights of the Surviving Corporation Company as an Indemnitee) Parent shall also be deemed, by virtue of its ownership of the membership interests of the Surviving Company and of the stock of the Surviving CorporationBlockers, to have incurred such Damages as a result of and in connection with such inaccuracy or breach (breach, it being, understood, however, being understood and agreed that in no event shall this sentence entitle both Parent and the Indemnitees shall not be entitled Surviving Company to recover more than once for recovery in respect of the same Damages)Damages arising from such inaccuracy or breach.

Appears in 1 contract

Sources: Merger Agreement (RealPage, Inc.)

Damage to Parent. The parties acknowledge and agree that, if the Surviving Corporation Company suffers, incurs or otherwise becomes subject to any Damages as a result of or in connection with any inaccuracy in or breach of any representation, warranty, covenant or obligationobligation of the Company, then (without limiting any of the rights of the Surviving Corporation Company as an a Parent Indemnitee) Parent shall also be deemed, by virtue of its ownership of the stock of equity interest in the Surviving CorporationCompany, to have incurred such Damages as a result of and in connection with such inaccuracy or breach (it being, understood, however, that the Parent Indemnitees shall not be entitled to recover more than once for the same Damages).

Appears in 1 contract

Sources: Merger Agreement (Insmed Inc)