Common use of Minimum Claim Clause in Contracts

Minimum Claim. Except as set forth in Section 6.1(e) below: (i) no representation or warranty of the Seller's shall be deemed to be breached unless the General Indemnity Damages (excluding interest as set forth in the first paragraph of this Section 6.1 above) incurred by the Purchaser Group from the set of facts constituting the breach equal or exceed $50,000; provided that once such threshold has been equaled or exceeded all General Indemnity Damages (excluding interest) shall be included for purposes of the limitation set forth in the next sentence; and (ii) the Sellers shall not have any liability to indemnify the Purchaser Group under this Section unless the aggregate amount of General Indemnity Damages (excluding interest) suffered by the Purchaser Group exceeds $300,000, in which event the Sellers shall only be obligated to indemnify the Purchaser Group for its aggregate General Indemnity Damages (excluding interest) in excess of $300,000.

Appears in 2 contracts

Sources: Agreement and Plan of Reorganization (Aqua Chem Inc), Agreement and Plan of Reorganization (Aqua Chem Inc)