Common use of Definition of Losses Clause in Contracts

Definition of Losses. For the purposes of this Agreement, the term "Losses" shall mean all out-of-pocket costs, damages, losses, fines, penalties, judgments, settlements, and expenses whatsoever, including, without limitation, outside attorneys' fees and disbursements and court costs reasonably incurred by the Indemnified Party.

Appears in 3 contracts

Samples: Account Origination Agreement (Nextcard Inc), Account Origination Agreement (Nextcard Inc), Account Origination Agreement (Nextcard Inc)

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Definition of Losses. For the purposes of this AgreementArticle, the term "Losses" shall mean any and all out-of-pocket costsliabilities, obligations, losses, damages, lossesclaims, finesdeficiencies, penalties, taxes, levies, actions, judgments, settlements, and expenses whatsoeversuits, includingcosts, without limitationlegal fees, outside attorneysaccountants' fees and fees, disbursements and court costs reasonably incurred by or expenses. Losses shall exclude any amount which any party actually receives under any insurance policy which provides coverage for the Indemnified Partyliability in question.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Safeguard Health Enterprises Inc), Stock Purchase Agreement (Safeguard Health Enterprises Inc)

Definition of Losses. For the purposes of this Agreement, the term "Losses" shall mean any and all out-of-pocket costsliabilities, obligations, losses, damages, lossesclaims, finesdeficiencies, penalties, taxes, levies, actions, judgments, settlements, and expenses whatsoeversuits, includingcosts, without limitationlegal fees, outside attorneysaccountants' fees and fees, disbursements and court costs reasonably incurred by or expenses. Losses shall exclude any amount which any party actually receives under any insurance policy which provides coverage for the Indemnified Partyliability in question.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Ameriquest Technologies Inc), Stock Purchase Agreement (Ameriquest Technologies Inc)

Definition of Losses. For the purposes of this AgreementArticle, the term "Losses" --------------------- shall mean any and all out-of-pocket costsliabilities, obligations, losses, damages, lossesclaims, finesdeficiencies, penalties, taxes, levies, actions, judgments, settlements, and expenses whatsoeversuits, includingcosts, without limitationlegal fees, outside attorneysaccountants' fees and fees, disbursements and court costs reasonably incurred by or expenses. Losses shall exclude any amount that any party actually receives under any insurance policy that provides coverage for the Indemnified Partyliability in question.

Appears in 1 contract

Samples: Stock Purchase Agreement (Safeguard Health Enterprises Inc)

Definition of Losses. For the purposes of this AgreementARTICLE 7, the term "Loss" or "Losses" shall mean all out-of-pocket costsany liability, damagesdamage, losses, fines, penalties, judgments, settlements, costs and expenses whatsoeverarising from a claim asserted by a bona fide third party, not an Affiliate of an Indemnified Party, including, without limitation, outside any attorneys' fees and fees, disbursements and court costs costs, in each case reasonably incurred by Purchaser or Seller, as the Indemnified Partycase may be, without regard to whether or not such Losses would be deemed material under this Agreement.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Bank Plus Corp)

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Definition of Losses. For the purposes of this AgreementARTICLE 7, the term "Losses" shall mean all out-of-pocket costsany liability, damagesdamage, losses, fines, penalties, judgments, settlements, costs and expenses whatsoeverarising from a claim asserted by a bona fide third party, not an Affiliate of an Indemnified Party, including, without limitation, outside any attorneys' fees and fees, disbursements and court costs costs, in each case reasonably incurred by Purchaser or either Seller, as the Indemnified Partycase may be, without regard to whether or not such Losses would be deemed material under this Agreement.

Appears in 1 contract

Samples: Purchase and Assumption Agreement (Bank Plus Corp)

Definition of Losses. For the purposes of this Agreement, the term "Losses" shall mean any and all out-of-pocket costsclaims, liabilities, suits, actions, demands, deficiencies, charges, penalties, fines, interest, damages, losses, finescosts, penaltiesor expenses (including reasonable attorneys' fees, judgmentsfinancial advisor fees, settlementsexpert fees, and expenses whatsoevercourt costs) of every kind and nature, including, without limitation, outside attorneys' fees and disbursements and court costs reasonably incurred by the Indemnified PartyParty (as defined below), as a result of Section 8.1.A or 8.1.B, as the case may be.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Usa Technologies Inc)

Definition of Losses. For the purposes of this AgreementArticle, the term -------------------- "Losses" shall mean any and all out-of-pocket costsliabilities, obligations, losses, damages, lossesclaims, finesdeficiencies, penalties, taxes, levies, actions, judgments, settlements, and expenses whatsoeversuits, includingcosts, without limitationlegal fees, outside attorneysaccountants' fees and fees, disbursements and court costs reasonably incurred by or expenses. Losses shall exclude any amount which any party actually receives under any insurance policy which provides coverage for the Indemnified Partyliability in question.

Appears in 1 contract

Samples: Stock Purchase Agreement (Safeguard Health Enterprises Inc)

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