Amount of loss means (A) if the amount paid to Lender (whether for principal, interest, fees, expenses, or otherwise) in connection with a Qualifying Sale is (i) $*** or more, zero, (ii) if the amount paid is less than $*** but equal to or more than $***, then the excess of $*** over the amount paid to Lender in connection with a Qualifying Sale (excluding any payment pursuant to this Agreement) but in no event to exceed $7,500,000, and (iii) if the amount paid to Lender (whether for principal, interest, fees, expenses or otherwise) in connection with a Non-Qualifying Sale is less than $***, $7,500,000 and (B) in connection with the Company’s exercise of the Put Option, $7,500,000.
Amount of loss means an amount equal to the unpaid balance of the principal amount, less any amounts realized by perfecting rights under a security agreement, together with such interest as the executive director shall allow, to a maximum of such interest as may be allowed by rule. The amount of loss is subject to the limitations contained in section 11(2)(c) of this act.
Examples of Amount of loss in a sentence
The amount of loss in this case will be determined by using the following formula:Insurance Carried X Amount of Loss = Limit of Recovery Insurance RequiredWhere the penalty applies, building loss under the RCBAP will be adjusted based on the Replacement Cost Coverage with a coinsurance penalty.
Retained Earnings: Amount of Loss is retained with the banking company after meeting up all expenses and provisions.
The cap applies because the Debris Removal exceeds 35% of the Amount of Loss and exceeds 35% of the Limit of Insurance for the Covered Property sustaining the loss.The additional amount payable for Debris Removal Expense is provided in accordance with the terms of Paragraph (4), because the Debris Removal Expense ($90,000) exceeds 35% of the loss payable and exceeds 35% of the Limit of Insurance on the Covered Property sustaining the loss.
The cap applies because the Debris Removal Expense exceeds 35% of the Amount of Loss and exceeds 35% of the Limit of Insurance for the Covered Property sustaining the loss.The additional amount payable for Debris Removal Expense is provided in accordance with the terms of Paragraph (4), because the Debris Removal Expense ($90,000) exceeds 35% of the loss payable and exceeds 35% of the Limit of Insurance on the Covered Property sustaining the loss.
If the Amount of Loss cannot be identified through the foregoing way, then the Parties agree to settle the disputes according to Article 16.
More Definitions of Amount of loss
Amount of loss means so much of the outstanding balance in the INSURED DEBT account pertaining to an EXPORTER as shall be within the admissible limits in pursuance of provisions of clause 6 and arrived at after taking into account the following adjustments, that is, deducting there from –
Amount of loss so much of the amount of any Insured Receivable that remained unpaid or unrealized owing to the occurrence of any of the Insured Risks but shall not include the following:
(a) any amount that is not acknowledged either expressly or impliedly as debt by an Approved Debtor/Debtor or has remained unpaid by the Approved Debtor/ Debtor owing to his claim that he is justified in withholding payment for whatever reasons, including but not limited to any credit/debit notes, counterclaim, set off, adjustment, or
(b) Any loss arising out of an Insured Receivable where the exported goods have not been accepted by the Debtor or where the liability for payment is not accepted by the Debtor.
(c) deficiencies in performance of the relevant Export Contract relating to quantity, quality, time schedule, etc. or
(d) non performance of any covenant under the Export Contract by the Client or
(e) loss due to non-compliance of relevant statutory and regulatory norms by the Insured;
(f) loss due to non-payment by Associate Company being a debtor to the Client.
Amount of loss means so much of the outstanding balance in the INSURED DEBT account pertaining to an EXPORTER as shall be within the admissible limits in pursuance of provisions of clause 6 and arrived at after taking into account the following adjustments, that is, deducting there from – the whole of the amount of any relevant recoveries, realizations or repayments up to the date of ascertainment of loss pursuant to clause 12;any amount pertaining to interest accrued on the advances granted to the EXPORTER;any credits received by the insured that should have been credited to the export packing credit account but was not credited;any amount pertaining to a claim for set-off or counter-claim raised by the EXPORTER against the Insured that was verified and found by the CORPORATION to be prima facie valid and maintainable ;value of export bill tendered by the exporter to the Insured that was not credited to the export packing credit account; andany other amount that, in the opinion of the CORPORATION, was an inappropriate or irregular debit into the export packing credit account of the exporter in the light of the relevant regulatory guidelines or accepted banking practices.
Amount of loss means an amount ((not exceeding the Maximum Liability) as set out in clause 4.6, after deduction of the following amounts and/or benefits without duplication –
1.2.3.1 any amount and/or benefit which can easily be converted into money which has been received and retained (unless by reason of the operation of applicable law such amount has not been retained by the Insured, in which case this deduction shall not be applicable) by the Insured or applied for its benefit in any way whatsoever which amount and/or benefit was received directly or indirectly pursuant to the Insured's Insured Loss having occurred and which amount and/or benefit in substance is intended to directly or indirectly reduce the Insured Loss, including but not limited to the proceeds of any securities, indemnities, guarantees and/or suretyships realised by the Insured pursuant to the Insured Loss having occurred as well as any allowance, rebate or refund obtained pursuant to the occurrence of a Cause of Loss and which amount, in each case, in substance is intended to directly or indirectly reduce the Insured Loss;
1.2.3.2 any amount recovered by the Insured in respect of the Insured Loss (whether pursuant to a counterclaim or not) which amount in substance is intended to directly or indirectly reduce the Insured Loss or any amount set-off against the Insured Loss by the Insured;
Amount of loss means an amount equal to the unpaid balance of
Amount of loss means monetary loss directly arising from a Cause of Loss in respect of the Investment, which shall be limited to 90% (ninety percent) of the Current Insured Amount, being –
1.2.2.1 in the case of proportional percentage of the damage occasioned to the business operations of the Enterprise calculated as the difference between the Current Insured Amount and the reduced value of the Enterprise (determined at book value in terms of South African generally accepted accounting practice after the Cause of Loss has taken place) as a percentage of the equity interest (together with dividends already declared but cannot be repatriated) which the Insured has in the Enterprise, as supported by an auditor’s certificate prepared by any of Ernst & Young, KPMG, PricewaterhouseCoopers or Deloitte with the way in which the Current Insured Amount has been determined and in such form as set out in Annexure "C" hereto and reasonably approved in writing by the Insurer; plus 90% (ninety percent) of the Insured's share of any earnings retained in the Enterprise during the period of the cover of this Policy up to a maximum of a certain percentage per Insurance Year (to be agreed with the Insured at the beginning of each Insurance Year), but limited to an absolute maximum for the total period of cover for 100% (one hundred percent) of the Insured's initial share investment, after deduction of the following amounts –
1.2.2.2 any amounts and/or benefits received by the Insured or applied for its benefit in any way whatsoever in respect of the Investment outside the Designated Country;
1.2.2.3 any costs and/or expenses which the Insured would have incurred in performing its obligations but which are saved and/or not incurred due to the lodging of a Claim;
1.2.2.4 the amount of any counterclaim or setoff to which the Insured or the Enterprise is entitled or any advantage available to the Insured which would reduce or mitigate such Amount of Loss;
1.2.2.5 any other amount available to the Insured which has the effect of reducing the Amount of Loss, specifically excluding the following amounts –
1.2.2.6 consequential loss, indirect loss and/or loss of profits;
1.2.2.7 any loss, expense or cost which is due to incorrect wording of, or insufficient provisions in, or the invalidity of any document embodying or relating to the Investment;
1.2.2.8 any loss, expense or cost arising from fluctuations in rates of exchange;
1.2.2.9 any loss, expense or cost arising from the non-performance by th...
Amount of loss means monetary loss not exceeding the Maximum Liability directly or indirectly suffered by the Insured limited to non-receipt of the Insured Debt or any part thereof or, having received any amount, the failure by the Insured to retain such amount as a consequence of the operation of applicable law, after deduction of the following amounts and/or benefits without duplication –
1.2.3.1 any amount and/or benefit which can easily be converted into money which has been received and retained (unless by reason for the operation of applicable law such amount and/or benefit has not been retained by the Insured, in which case this deduction shall not be applicable) by the Insured or applied for its benefit in any way whatsoever which amount and/or benefit was received directly or indirectly pursuant to the Insured's Insured Loss having occurred and which amount and/or benefit in substance is intended to directly or indirectly reduce the Insured Loss, including but not limited to the proceeds of any securities, indemnities, guarantees and/or suretyships realised by the Insured pursuant to the Insured Loss having occurred as well as any allowance, rebate or refund obtained pursuant to the occurrence of a Cause of Loss and which amount, in each case, in substance is intended to directly or indirectly reduce the Insured Loss;
1.2.3.2 any amount recovered by the Insured in respect of the Insured Loss (whether pursuant to a counterclaim or not) which amount in substance is intended to directly or indirectly reduce the Insured Loss or any amount set off against the Insured Loss by the Insured; and
1.2.3.3 any amount received by the Insured and retained (unless by reason of the operation of applicable law such amount has not been retained by the Insured, in which case this deduction shall not be applicable) or applied for its benefit which has the effect of reducing the amount of the Insured Loss;