Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies or otherwise with respect to such Losses (net of any Tax or expenses incurred in connection with such recovery).
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Samples: Asset Purchase Agreement (Attis Industries Inc.), Asset Purchase Agreement, Asset Purchase Agreement (Attis Industries Inc.)
Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI VIII shall be net of any amounts actually recovered or recoverable by the indemnified party Indemnitee under insurance policies or otherwise with respect to such Losses (net of any Tax or expenses incurred in connection with such recovery).
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Samples: Contribution Agreement (TerraForm Power, Inc.), Contribution Agreement (TerraForm Power, Inc.), Contribution Agreement
Calculation of Losses. (a) The amount of any Losses Loss for which indemnification is provided under this Article XI shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies or otherwise (other than captive insurance and fronting carrier arrangements) with respect to such Losses (net of Loss, as reduced by any Tax or expenses incurred in connection with increase to the insurance premiums payable resulting from such recovery).
Appears in 2 contracts
Samples: Purchase Agreement (Olin Corp), Purchase Agreement (Polyone Corp)
Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies or otherwise with respect to such Losses (net of any Tax or expenses incurred in connection with such recovery)Losses.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Foot Locker Inc), Asset Purchase Agreement (Footstar Inc)
Calculation of Losses. (a) The amount of any Losses Loss for which indemnification is provided under this Article XI shall be net of (a) any amounts actually recovered or recoverable by the indemnified party under insurance policies or otherwise with respect to such Losses Loss, as reduced by any increase to the insurance premiums payable resulting from such recovery and (b) any net Tax benefit actually realized by the indemnified party as a result of any Tax or expenses incurred in connection with the incurrence of such recovery)Loss.
Appears in 2 contracts
Samples: Common Unit Purchase Agreement (Jones Apparel Group Inc), Master Purchase Agreement (Jones Apparel Group Inc)
Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI X shall be (i) net of any amounts actually recovered or recoverable by the indemnified party under insurance policies or otherwise with respect to such Losses and (net of any ii) calculated on an After-Tax or expenses incurred in connection with such recovery)Basis.
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Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI VIII shall be net of any amounts actually recovered or recoverable by the indemnified party Seller Indemnified Party under insurance policies or otherwise with respect to such Losses (with such recovered or recoverable amounts being net of any Tax or expenses incurred in connection with such recovery).
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