Common use of No Circular Recovery Clause in Contracts

No Circular Recovery. Each Seller and each Principal hereby severally agrees that it will not make any claim for indemnification against Buyer, KCAP or the Company by reason of the fact that such Seller or Principal was a controlling person, director, employee or Representative of the Company or was serving as such for another Person at the request of the Company (whether such claim is for Losses of any kind or otherwise and whether such claim is pursuant to any Legal Requirement, Organizational Document, Contractual Obligation or otherwise) with respect to any claim brought by a Buyer Indemnified Person against any Seller or any Principal under this Agreement or otherwise relating to this Agreement, any Ancillary Agreement or any of the Contemplated Transactions. With respect to any claim brought by a Buyer Indemnified Person against any Seller or any Principal under this Agreement or otherwise relating to this Agreement, any Ancillary Agreement or any of the Contemplated Transactions, each Seller and each Principal expressly waives, any right of subrogation, contribution, advancement, indemnification or other claim against the Company with respect to any amounts owed by such Seller or such Principal, as applicable, pursuant to this ARTICLE VII or otherwise.

No Circular Recovery. Each Seller Party hereby agrees, and each Principal hereby severally agrees of the Sellers by executing such Seller’s Letter of Transmittal agrees, that it will not make any claim for indemnification indemnification, contribution or advancement of expenses against Buyer, KCAP any of the Buyer Parties or the any Group Company by reason of the fact that such Seller or Principal was a controlling person, director, employee or Representative of the a Group Company or was serving as such for another Person at the request of the a Group Company (whether such claim is for Losses of any kind or otherwise and whether such claim is pursuant to any Legal Requirement, Organizational Documentorganizational document, Contractual Obligation Contract or otherwise) with respect to any claim brought by a Buyer an Indemnified Person against any Seller or any Principal under this Agreement or the facts and circumstances underlying any such claim brought by an Indemnified Party or otherwise relating to this Agreement, any Ancillary Agreement or any of the Contemplated Transactions. With respect to any claim brought by a Buyer an Indemnified Person against any Seller or any Principal under this Agreement or otherwise relating to this Agreement, any Ancillary Agreement or any of the Contemplated Transactions, each Seller and each Principal expressly waives, waives any right of subrogation, contribution, advancement, indemnification or other claim against the any Group Company with respect to any amounts owed by such Seller or such Principal, as applicable, pursuant to this ARTICLE VII Article 10 or otherwise.

No Circular Recovery. Each Seller and each Principal hereby severally agrees that it will not make any claim for indemnification against Buyer, KCAP the Group Companies or the Company any of their Affiliates by reason of the fact that such Seller or Principal was a controlling person, director, employee or Representative representative of the any Group Company or any or was serving as such for another Person at the request of the Company Group Companies (whether such claim is for Losses of any kind or otherwise and whether such claim is pursuant to any Legal RequirementLaw, Organizational Documentorganizational document, Contractual Obligation Contract or otherwise) with respect to any claim brought by a Buyer an Indemnified Person Party against any Seller or any Principal under this Agreement or otherwise relating to this Agreement, any Ancillary Agreement or any of the Contemplated Transactionstransactions contemplated by this Agreement. With respect to any claim brought by a Buyer an Indemnified Person Party against any Seller or any Principal under this Agreement or otherwise relating to this Agreement, any Ancillary Agreement or any of the Contemplated Transactionsany of the transactions contemplated by this Agreement, each Seller and each Principal expressly waives, waives any right of subrogation, contribution, advancement, indemnification or other claim against the Company Group Companies or any of their Affiliates with respect to any amounts owed by such Seller or such Principal, as applicable, pursuant to this ARTICLE VII 9 or otherwise.

No Circular Recovery. Each Seller and each Principal Signing Shareholder hereby severally agrees that it that, after the Closing, such Signing Shareholder will not make any claim for indemnification against BuyerPurchaser, KCAP Merger Sub, the Surviving Entity or the any Company Subsidiary by reason of the fact that such Seller or Principal Signing Shareholder was a controlling person, director, officer, employee or Representative representative of the Company or a Company Subsidiary or was serving as such for another Person at the request of Purchaser, Merger Sub, the Surviving Entity, the Company or a Company Subsidiary (whether such claim is for Losses of any kind or otherwise and whether such claim is pursuant to any Legal Requirementstatute, Organizational Governing Document, Contractual Obligation contractual obligation or otherwise) with respect to any claim brought by a Buyer Purchaser Indemnified Person Party against any Seller or any Principal under this Agreement or otherwise relating Signing Shareholder pursuant to this Agreement, any Ancillary Agreement or any of the Contemplated Transactions. Article X. With respect to any claim brought by a Buyer Purchaser Indemnified Person Party against any Seller or any Principal under Signing Shareholder relating to this Agreement or otherwise relating to this any Seller Ancillary Agreement, any Ancillary Agreement or any of the Contemplated Transactions, each Seller and each Principal Signing Shareholder expressly waives, waives any right of subrogation, contribution, advancement, indemnification or other claim against Merger Sub, the Company, the Surviving Entity or any Company Subsidiary with respect to any amounts owed by such Seller or such Principal, as applicable, Signing Shareholder pursuant to this ARTICLE VII or otherwise.Article X.