Recoverable Amounts Sample Clauses

Recoverable Amounts. Clearspan shall be entitled to recover from the Owner upon termination of a Work Order in accordance with this Article the sums due and payable by Owner pursuant to Sections 5.2, 5.3 and 6.2 together, to the extent not in duplication thereof, with payment for all Work performed prior to said termination, including without limitation lost profits, transportation, storage, equipment rental and labor mobilization and demobilization, and reasonable damages.
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Recoverable Amounts. With respect to amounts recoverable under a special purpose reinsurance vehicle contract, the amount recoverable by the receiver may not be reduced or diminished as a result of the entry of an order of conservation, rehabilitation or liquidation with respect to the ceding insurer, notwithstanding any provisions to the contrary in the contracts or other documentation governing the special purpose reinsurance vehicle insurance securitization.
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Recoverable Amounts. (i) The aggregate maximum amount of damages that Purchaser shall be entitled to recover for breaches of the Class I Representations and Warranties shall be the full amount of the Purchase Price.
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Recoverable Amounts. (a) Subject to the provisions hereof, Parent and Surviving Corporation shall be entitled to recover from the Escrow Fund any liability, loss, damage, cost or other expense incurred, or required to be recognized, by Argonaut Group, Inc., Parent, the Surviving Corporation or any of its Subsidiaries (collectively, "Recoverable Amounts") arising out of any breach by the Company of any representation, warranty or covenant of the Company set forth in this Agreement, provided that none of Argonaut Group, Inc., Parent or Surviving Corporation shall be entitled to be paid any amounts under this Section 8.2 other than on account of Qualifying Claims. For purposes of this Agreement, a "Qualifying Claim" shall mean (i) a claim for recovery out of the Escrow Fund, (ii) arising out of or as a result of a single breach by the Company of a representation, warranty or covenant, (iii) submitted prior to the first anniversary of the Closing Date and (iv) which results in Recoverable Amounts in excess of $3,000,000. Subject to the provisions hereof, the Escrow Agent shall only be obligated to pay, and Argonaut Group, Inc., Parent and the Surviving Corporation shall only be entitled to recover, (1) the full amount of each Qualifying Claim, net of Claims Recoveries (as defined in Section 8.2(d)(iv)) actually received by any of them (and not merely recognized in accordance with GAAP or any other applicable reporting requirement) at the time such Qualifying Claim is otherwise payable hereunder, and (2) such net amount to the extent that any liability, loss, damage, cost or other expense is actually incurred (and not merely recognized in accordance with GAAP or any other applicable reporting requirement) by Argonaut Group, Inc., Parent, the Surviving Corporation or any of its Subsidiaries, as the case may be. The parties hereto acknowledge that even if a claim at any time qualifies as a Qualifying Claim hereunder (and even if the Shareholder Representatives have conceded the same for purposes of Section 8.2(f)), no payment from the Escrow Fund shall be made in respect of such Qualifying Claim unless, at the time payment is otherwise to be made hereunder, the amount to be paid on account of such Qualifying Claim (without considering Claim Recoveries) in fact exceeds $3,000,000. As among Argonaut Insurance Company, Argonaut Midwest Insurance Company and Surviving Corporation, the Escrow Agent shall allocate payments otherwise payable to them hereunder in such proportion as they, in ...
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Recoverable Amounts. 61 Section 9.3 Release of Escrow Fund and FR Escrow Fund............... 64 Section 9.4
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Recoverable Amounts. (a) Subject to the provisions hereof, Parent and Surviving Company and their respective officers, directors and employees (the "Parent Indemnified Persons") shall be entitled to be indemnified for and recover from the Escrow Fund and, with respect to fraud and breaches of the Fundamental Representations, from the FR Escrow Fund, any liability, loss, damage, cost or other expense (including reasonable attorneys' fees) incurred by any Parent Indemnified Person arising out of any breach by the Company of any representation or warranty (including, without limitation, the Fundamental Representations) or covenant of the Company set forth in this Agreement ("Recoverable Amounts"), provided, however, that no Parent Indemnified Person shall be entitled to be paid any amounts under this Section 9.2 other than on account of Qualifying Claims. For purposes of this Agreement, a "
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Related to Recoverable Amounts

  • Unpaid Amounts For the purpose of determining an Unpaid Amount in respect of the relevant Transaction, and to the extent permitted by applicable law, interest will accrue on the amount of any payment obligation or the amount equal to the fair market value of any obligation required to be settled by delivery included in such determination in the same currency as that amount, for the period from (and including) the date the relevant obligation was (or would have been but for Section 2(a)(iii) or 5(d)) required to have been performed to (but excluding) the relevant Early Termination Date, at the Applicable Close-out Rate.

  • Collection Expenses The Borrower further agrees, subject only to any limitation imposed by applicable law, to pay all expenses, including reasonable attorneys’ fees, incurred by the holder of this Note in endeavoring to collect any amounts payable hereunder which are not paid when due.

  • Compensation, Expenses and Indemnification (a) The Fund shall pay to the Auction Agent from time to time reasonable compensation for all services rendered by it under this Agreement and under the Broker-Dealer Agreements as shall be set forth in a separate writing signed by the Fund and the Auction Agent, subject to adjustments if the Preferred Shares no longer are held of record by the Securities Depository or its nominee or if there shall be such other change as shall increase or decrease materially the Auction Agent's obligations hereunder or under the Broker-Dealer Agreements.

  • Compensation, Expenses and Indemnity The Administrator shall serve without compensation for services rendered hereunder. The Administrator is authorized at the expense of the Employer to employ such legal counsel and/or recordkeeper as it may deem advisable to assist in the performance of its duties hereunder. Expense and fees in connection with the administration of this Agreement shall be paid by the Employer.

  • Indemnification Payments The indemnification required by Sections 6.1 and Section 6.2 shall be made by periodic payments of the amount thereof during the course of the investigation or defense, as and when bills are received or expense, loss, damage or liability is incurred.

  • Obligation to Make Expense Advances Upon receipt of a written undertaking by or on behalf of the Indemnitee to repay such amounts if it shall ultimately be determined that the Indemnitee is not entitled to be indemnified therefore by the Company hereunder under applicable law, the Company shall make Expense Advances to Indemnitee.

  • Amounts The Pool Balance as of the Cutoff Date equals or exceeds the aggregate principal amount of the Notes on the Closing Date.

  • Determination of Amounts Whenever a Priority Debt Representative shall be required, in connection with the exercise of its rights or the performance of its obligations hereunder, to determine the existence or amount of any First-Out Obligations (or the existence of any commitment to extend credit that would constitute First-Out Obligations), or Second-Out Obligations, or the existence of any Lien securing any such obligations, or the Shared Collateral subject to any such Lien, it may request that such information be furnished to it in writing by the other Priority Debt Representative and shall be entitled to make such determination on the basis of the information so furnished; provided, however, that if a Priority Debt Representative shall fail or refuse reasonably promptly to provide the requested information, the requesting Priority Debt Representative shall be entitled to make any such determination by such method as it may, in the exercise of its good faith judgment, determine, including by reliance upon a certificate of the Borrower. Each Priority Debt Representative may rely conclusively, and shall be fully protected in so relying, on any determination made by it in accordance with the provisions of the preceding sentence (or as otherwise directed by a court of competent jurisdiction) and shall have no liability to the Borrower or any of their subsidiaries, any Priority Secured Party or any other Person as a result of such determination.

  • Reimbursement Payments The Department shall, to the extent funds are available, reimburse the Grantee for eligible claims presented for payment if the Department determines the requirements for reimbursement have been met. Claims under this Contract can only be made for the period this Contract is in effect. Reimbursement programs include the following:

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