Amount of Loss. Attach all bills, receipts and related documents that justify the figures in the inventory;
Amount of Loss. For purposes of Section 6.2(a), the amount of Losses arising out of any breach of a representation or warranty shall be determined without regard to qualifications of materiality or Material Adverse Effect or similar qualifications (other than specified dollar thresholds) and without regard to whether the matter giving rise to such Losses was disclosed to the other Party (or its representatives) (other than in the applicable Disclosure Letter). The representations and warranties contained in Article II and the rights and remedies that may be exercised by any Person seeking indemnification hereunder, shall not be limited or otherwise affected by or as a result of any information furnished to, or any investigation made by, any such Person or its representatives.
Amount of Loss. The amount of a Loss shall take into consideration the payments made or the recovery eventually received as a result of insurance policies hired by the Parties, thereby, the payments shall be only made net of the amount of any damages arising from hiring the insurance policies, as well as increased by the cost of such insurance policies hiring and any eventually premiums. Furthermore, the payment of a Loss shall take into consideration the tax effects regarding the applicable deductibility or taxability, thereby, if the payment generates a deductible expense in the same year, the payment shall be made on a net basis. Moreover, if the receipt of an indemnify payment generates a tax obligation, the gross amount of the indemnify shall be adjusted, even with the fulfillment of the tax obligation, to result in a full indemnify of the Loss suffered.
Amount of Loss. For the purposes of this Clause a Lender, Arranger and the Agent will be treated as having suffered a loss equal to the amount which is expressed as being due to it by any Borrower and unpaid. If this treatment is incorrect the Lender, Arranger or the Agent will produce evidence of its loss.
Amount of Loss. For the purposes of this Clause 19, the Agent or any Lender will be treated as having suffered a loss equal to the amount expressed as being due to it by any Borrower. If this treatment is incorrect the Agent or any Lender will produce evidence of its loss.
Amount of Loss. For the purposes of this Clause a Lender and the Agent will be treated as having suffered a loss equal to the amount which is expressed as being due to it by the Borrower and unpaid (taking into account amounts paid under Clause 15). If this treatment is incorrect the Lender or the Agent will produce evidence of its loss.
Amount of Loss. For the purpose of this Article 8 only, in the event of any inaccuracy or breach of a representation or warranty of Seller contained in Article 4 herein, the amount of any Loss resulting from such inaccuracy or breach of such representation or warranty shall be determined without giving effect to any qualification in any representation or warranty that an event or fact be material or have a Material Adverse Effect, and any such qualification shall be disregarded for such purpose. There shall be no right of contribution from any Indemnified Party with respect to any Loss. Except in the case of fraud or intentional misrepresentation, Purchaser shall not be entitled to indemnification under Section 8.4(a):
(i) with respect to any claim for indemnification hereunder, unless Purchaser has given Seller written notice of such claim, setting forth in reasonable detail the facts and circumstances pertaining thereto, prior to the applicable Cut-off Date;
(ii) to the extent of any insurance proceeds actually received by Purchaser in connection with the facts giving rise to such indemnification; provided, however, that nothing herein shall require Purchaser to maintain such insurance coverage or obligate Purchaser to make any claims under any such insurance policies.
Amount of Loss. Receivable that remained unpaid or unrealized owing to the occurrence of any of the Insured Risks but shall not include the following:
(a) any amount that is not acknowledged either expressly or impliedly as debt by an Approved Debtor/Debtor or has remained unpaid by the Approved Debtor/ Debtor owing to his claim that he is justified in withholding payment for whatever reasons, including but not limited to any credit/debit notes, counterclaim, set off, adjustment, or
(b) any loss arising out of an Insured Receivable where the exported goods have not been accepted by the Debtor or where the liability for payment is not accepted by the Debtor, or
(c) deficiencies in performance of the relevant Export Contract relating to quantity, quality, time schedule, etc., or
(d) non performance of any covenant under the Export Contract by the Client, or
(e) loss due to non-compliance of relevant statutory and regulatory norms by the Insured, or
(f) loss due to non-payment by Associate Company being a debtor to the Client.
Amount of Loss. The amount of Loss to be paid by the Indemnifying Party to the Indemnified Party shall be net of
(i) any net realized tax benefits resulting therefrom after taking into account any income tax or other adverse tax effects of any indemnification amounts received by Buyer hereunder;
(ii) any insurance proceeds from a third party insurer received by Buyer resulting therefrom (after associated costs of collection), after reduction for (x) any retroactive premium adjustment, and (y) the aggregate amount of the reasonably anticipated (based on written advice from insurance brokers or providers) increased insurance premiums over the following five policy years; and
(iii) any other proceeds or payments from third parties (after associated costs of collection) received by the Company in connection with the matter giving rise to the claim. In all situations in which the Stockholders are the Indemnifying Party, the amount of Losses paid shall be deemed for all purposes to be an adjustment to the Purchase Price. The parties agree to treat the payment of Losses as such for all purposes, including the determination and reporting of any federal or state income tax liability of the parties, and to file all tax returns (including amended returns and claims for refund) and other reporting in a manner consistent with such treatment.
Amount of Loss. The amount of any Loss for which indemnification is provided pursuant to this Article 7 shall be determined by taking into account (a) any amounts actually recovered by the applicable Indemnitee under its insurance policies or otherwise; provided, that such amount shall be reduced by any costs and expenses incurred in obtaining such recovery and by the amount of any increase in insurance premiums resulting from making the claim giving rise to such recovery; provided, further, that notwithstanding anything else herein to the contrary, an Indemnitee shall seek to mitigate the amount of Loss as set forth in Section 7.5, and (b) any amounts recovered by the Indemnitor from a third party.
