Loss Calculation. For purposes of calculating amounts payable by such Borrower to Lenders under this Section 3.9, each Lender shall be deemed to have funded each Eurodollar Rate Loan made by it at the Applicable Interest Rate for such Loan by a matching deposit or other borrowing in the London interbank eurodollar market for a comparable amount and for a comparable period, whether or not such Eurodollar Rate Loan was in fact so funded.
Loss Calculation. (a) On, or as soon as reasonable practicable after, the termination of this Agreement pursuant to Clause 10.2, the non-defaulting Party shall in good faith calculate the termination payment (“Termination Payment”) for Loss.
Loss Calculation. The amount of Claims or Damages to which an indemnity provided for in this Section 15.1 applies shall be determined after giving effect to all provisions of the Transaction Documents other than this Section 15.1 the operation of which mitigates or compensates for such Claims or Damages (to the extent such terms are given full force and effect), including (as applicable) any reductions in the Service Fee, Service Fee Return Refund or Bonus Amount payable under the Agency and Services Agreement on account or in respect of such Claims and Damages.
Loss Calculation. In connection with calculating the amount of Losses that an Indemnified Party is entitled to recover under Section 8.1(a), (i) in calculating the amount of Losses incurred by Purchaser, Losses shall include the loss and/or diminution in value of Purchaser’s membership interest in the Company and (ii) except as contemplated by the foregoing clause (i) and clause (x)(B) of the definition of “Company Material Adverse Effect” under this Agreement, no party shall be liable for consequential, special, indirect, incidental, punitive, lost profit or other expectancy damages.
Loss Calculation. In the event Xxxxxxxxx should suffer loss on any Contract purchased under this Agreement, Xxxxxx agrees to pay Xxxxxxxxx any amount that the purchase price paid by Xxxxxxxxx to Dealer exceeded the average wholesale figure quoted from the N.A.D.A. or Xxxxxx Blue Book Used Car Guide on the same date as that of the Contract for used cars, and the Dealer’s factor cost as to new vehicles. DATED this day of , 20 . DEALER: By: Print Name: Title: Date: COVINGTON: Xxxxxxxxx Capital Corporation, a Utah corporation
Loss Calculation. Initial valuation: the initial valuation of the covered assets is based on the carrying amount of the assets in the UBS balance sheet as at 31 May 2023 (reporting date). Revaluation losses are not covered by the guarantee. • Covered losses: in principle, only realised financial losses are covered by the guarantee. Limited exceptions apply, among other things, to certain costs of hedging, realisation and litigation initiated for the purposes of asset value preservation and direct enforcement. Realised gains, relative to the current Credit Suisse valuation, on the realisation of assets will generally be offset against losses. In other words, a net approach will be adopted.
Loss Calculation. Ascertained Net loss represents: Expenses which have been irrevocably expended in connection with the event, less such part of the gross revenue retained, less any savings you are able to effect to mitigate such loss; and the reduction in net profit (only when net profit is insured and stated in the schedule) which you can demonstrate to us would have been earned had the event taken place; and the return of contracted fees or contracted charges for attendance or space, whether or not you are contractually obliged to return such fees, and which you can demonstrate is commercially and essentially justifiable.
Loss Calculation. In calculating any Loss or Expense there shall be deducted any insurance recovery in respect thereof (and no right of subrogation shall accrue hereunder to any insurer).
Loss Calculation. 6.1 A claim for a loss incurred (a “Loss”) arising from any breach of this Agreement (a “Claim”) shall be calculated in accordance with Danish Law, excluding however any indirect or consequential loss.
Loss Calculation. For purposes of calculating Losses under this Article 7, any inaccuracy in or breach of any representation or warranty shall be determined without regard to any materiality, Material Adverse Effect or other similar qualification contained in or otherwise applicable to such representation or warranty.
