Common use of Third Party Recovery Clause in Contracts

Third Party Recovery. At the request and expense of the Sellers, the relevant Purchasers, the relevant Companies and the relevant Subsidiaries will take all reasonable steps to make a claim in respect of Tax from a person other than the Sellers, the relevant Purchasers, the relevant Companies or the relevant Subsidiaries and the relevant Purchaser shall pay or procure that the relevant Company or the relevant Subsidiary pay to the Seller an amount equal to the lesser of (i) the amount recovered from the third party and (ii) the amount paid by the Seller pursuant to a claim under Section 9.5, in each case, after deducting from the amount recovered from the third party any Tax incurred or to be incurred by the relevant Purchaser, the relevant Company or any relevant Subsidiary upon receipt of such 106 106 recovery from the third party, within 5 days of receipt of such amount by any of the relevant Purchaser, the relevant Companies or the relevant Subsidiaries.

Appears in 2 contracts

Sources: Share Purchase Agreement (Arrow Electronics Inc), Share Purchase Agreement (Avnet Inc)