Excess Loss Sample Clauses

Excess Loss. Not applicable.
Sample 1
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Excess Loss. Any Bankruptcy Loss, or portion thereof, in excess of the then-applicable Bankruptcy Loss Limit, any Fraud Loss, or portion thereof, in excess of the then-applicable Fraud Loss Limit, and any Special Hazard Loss, or portion thereof, in excess of the then-applicable Special Hazard Loss Limit.
Sample 1
Excess Loss. The Net Losses allocated under Section 4.2(a) to any Member shall not exceed the maximum amount of Net Loss that can be so allocated without causing or increasing an Adjusted Capital Account Deficit. If some but not all of the Members would have an Adjusted Capital Account Deficit as a consequence of an allocation of Net Loss pursuant to Section 4.2(a), then the limitation set forth in this Section 4.2(b) shall be applied so as to allocate the maximum permissible Net Losses to each Member under the preceding sentence and Treasury Regulation Section 1.704-1(b)(2)(ii)(d). In the event that the allocation of Net Losses to any Member is prohibited under the first sentence of this Section 4.2(b), such Net Losses shall be allocated to the remaining Members in proportion to their respective positive Capital Account balances. With respect to each Fiscal Year or other Fiscal Period thereafter, Net Income (or, to the extent necessary, gross income) shall be allocated to the Members up to the aggregate of, and in proportion to, any Net Losses previously allocated to each Member in accordance with this Section 4.2(b) in the reverse order in which such Net Losses were allocated.
Sample 1
Excess Loss. Seventh, between the Members in proportion to ----------- their respective Percentage Interests at the end of the relevant year or period.
Sample 1
Excess Loss. Subject to Section 7.3 and other provisions of this Agreement regarding losses, Terminal Company shall be liable to User for any Excess Loss. Any liability of Terminal Company to User for any Excess Loss shall be calculated and settled at the ********** during the Term and any extensions thereof by Terminal Company replacing such Excess Loss in kind on or before the ********** or paying to User the fair market value for the applicable Commodities as of the end of the month following such Contract Year. However, it is understood that the Terminal Company shall redeliver to User, less actual physical loss, all Commodities delivered to the Terminal. All Terminal Loss incurred up to the allowed Contract Loss shall be for User's account, and Terminal Company shall have no liability whatsoever for such Contract Loss, provided supporting documentation is verifiable by User or its designee.
Sample 1
Excess Loss. 15 SECTION PAGE
Sample 1
Excess Loss the Contractor’s actual total liability to BT arising by reason of any act or omission of the Contractor or any Contractor Party (including any breach by the Contractor of any of its obligations under this Agreement, any tortious act or omission (including negligence) or otherwise), save to the extent that such liability is caused by any breach of any express provision of this Agreement by BT or any deliberate act or omission of BT, exceeding [**] Pounds Sterling (£[**]); or
Sample 1
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Excess Loss. Subject to Section 7.3 and other provisions of this Agreement regarding losses, Terminal Company shall be liable to User for any Excess Loss. Any liability of Terminal Company to User for an Excess Loss shall be calculated and settled at the ********** during the Term and any extensions thereof by Terminal Company replacing such Excess Loss in kind on or before the end of the month following the ********* or paying to User the fair market value for the applicable Commodities as of the **********. All Terminal Loss incurred up to the allowed Contract Loss shall be for User's account, and Terminal Company shall have no liability whatsoever for such Contract Loss.
Sample 1
Excess Loss. Network shall purchase an excess loss policy from an insurer reasonably acceptable to Company, effective upon the Implementation Date, which policy shall insure Network (and name Company as an additional insured) against the financial risk assumed by Network (less a risk corridor in a policy that is industry standard and as mutually acceptable to the Parties), for the provision, or the arranging for the provision, of Home Health Services in excess of the total PMPM Amount (as determined on an actuarially sound basis) for any calendar year. As an alternative to this Excess Loss policy, Network may deliver a policy or maintain adequate reserves designed to provide similar protection in form and substance reasonably acceptable to Company.
Sample 1

Related to Excess Loss

  • Special Hazard Loss Amount $ 0.00 --------------

  • Net Loss After giving effect to the special allocations set forth in Section 6.1(d), Net Loss for each taxable period and all items of income, gain, loss and deduction taken into account in computing Net Loss for such taxable period shall be allocated as follows:

  • Excess Amount The excess of the Participant's annual additions for the limitation year over the maximum permissible amount.

  • Excess Amounts On any Payment Date, to the extent the sum of the amount on deposit in the Reserve Account plus the amount available under any Letter of Credit exceeds the Required Reserve Amount on any Payment Date, the amount of such excess may be released from the Reserve Account and paid to the Class R Interest on such Payment Date.

  • Loss Allocation Limitation No allocation of Net Loss (or items thereof) shall be made to any Holder to the extent that such allocation would create or increase an Adjusted Capital Account Deficit with respect to such Holder.

  • ULTIMATE NET LOSS The term “

  • Excess Cash Flow No later than ten (10) Business Days after the date on which the financial statements with respect to each fiscal year of Holdings ending on or after December 31, 2019 in which an Excess Cash Flow Period occurs are required to be delivered pursuant to Section 5.01(a) (each such date, an “ECF Payment Date”), the Borrower shall, if and to the extent Excess Cash Flow for such Excess Cash Flow Period exceeds $1,375,000, make prepayments of Term Loans in accordance with Section 2.10(h) and (i) in an aggregate amount equal to (A) the Applicable ECF Percentage of Excess Cash Flow for the Excess Cash Flow Period then ended (for the avoidance of doubt, including the $1,375,000 floor referenced above) (B) minus $1,375,000 minus (C) at the option of the Borrower, the aggregate principal amount of (x) any Term Loans, Incremental Term Loans, Revolving Loans or Incremental Revolving Loans (or, in each case, any Credit Agreement Refinancing Indebtedness in respect thereof), in each case prepaid pursuant to Section 2.10(a), Section 2.16(b)(B) or Section 10.02(e)(i) (or pursuant to the corresponding provisions of the documentation governing any such Credit Agreement Refinancing Indebtedness) (in the case of any prepayment of Revolving Loans and/or Incremental Revolving Loans, solely to the extent accompanied by a corresponding permanent reduction in the Revolving Commitment), during the applicable Excess Cash Flow Period (or, at the option of the Borrower and without duplication, after such Excess Cash Flow Period and prior to such ECF Payment Date) and (y) the amount of any reduction in the outstanding amount of any Term Loans or Incremental Term Loans resulting from any assignment made in accordance with Section 10.04(b)(vii) of this Agreement (or the corresponding provisions of any Credit Agreement Refinancing Indebtedness issued in exchange therefor), during the applicable Excess Cash Flow Period (or, at the option of the Borrower and without duplication, after such Excess Cash Flow Period and prior to such ECF Payment Date), and in the case of all such prepayments or buybacks, to the extent that (1) such prepayments or buybacks were financed with sources other than the proceeds of long-term Indebtedness (other than revolving Indebtedness to the extent intended to be repaid from operating cash flow) of Holdings or its Restricted Subsidiaries and (2) such prepayment or buybacks did not reduce the amount required to be prepaid pursuant to this Section 2.10(f) in any prior Excess Cash Flow Period (such payment, the “ECF Payment Amount”).

  • Total Realized Loss (or Amount of Any Gain 23. The total derived from subtracting line 22 from 13. If the amount represents a realized gain, show the amount in parenthesis ( ). Exhibit 3A: Calculation of Realized Loss/Gain Form 332 Prepared by: __________________ Date: _______________ Phone: ______________________ Email Address:_____________________ Servicer Loan No. Servicer Name Servicer Address XXXXX FARGO BANK, N.A. Loan No._____________________________ Borrower's Name: _________________________________________________________ Property Address: _________________________________________________________

  • Excess Liquidation Proceeds 21 FDIC..........................................................................................21 FHA...........................................................................................21

  • Excess Costs If the sum of the Permitted Costs exceeds the Finish Allowance, then Tenant shall pay all such excess costs (“Excess Costs”), provided, however, Landlord will, prior to the commencement of construction of Tenant’s Improvements, advise Tenant of the Excess Costs, if any, and the Contract Sum. Tenant shall have two (2) business days from and after the receipt of such advice within which to approve or disapprove the Contract Sum and Excess Costs. If Tenant fails to approve same by the expiration of the fourth such business day, then Tenant shall be deemed to have approved the proposed Contract Sum and Excess Costs. If Tenant disapproves the Contract Sum and Excess Costs within such two (2) business day period, then Tenant shall either reduce the scope of Tenant’s Improvements such that there shall be no Excess Costs or, at Tenant’s option, Landlord shall obtain two (2) additional bids, provided that each day beyond a four (4) business day period and until the rebid is accepted by Tenant shall constitute a Tenant Delay hereunder. Subject to the last sentence of this subsection, the foregoing process shall continue until a Contract Sum and resulting Excess Costs, if any, are accepted or deemed accepted by Tenant. Landlord and Tenant must approve (or be deemed to have approved) the Contract Sum for the construction of Tenant’s Improvements in writing prior to the commencement of construction.

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