Applicable Losses definition

Applicable Losses shall be as defined in Section 1.02 of the Power and Energy Supply Contract.
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Applicable Losses has the meaning set forth in Section 2.7.
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Applicable Losses has the meaning set forth in Section 2.7. “Beneficially Own or Beneficial Ownership” with respect to any securities shall mean having “beneficial ownership” of such securities (as determined pursuant to Rule 13d-3 under the Exchange Act without giving effect to the sixty (60)-day limitation on determining beneficial ownership contained in Rule 13d-3(d)), including pursuant to any agreement, arrangement or understanding, whether or not in writing. “Board” has the meaning set forth in Section 1.1. “Board Approval” means approval by a majority of the members of the Board. “Board Designation Expiration Date” means the earlier of (i) the date on which the MSD Percentage Interest is less than 10% and (ii) the date on which this Agreement is validly terminated pursuant to Section 5.1. “Board Observer” has the meaning set forth in Section 1.1(f). “Business Day” means any day on which banks are not required or authorized to close in the City of New York. “Change of Control Transaction” means the existence or occurrence of any of the following: (i) the sale, conveyance or disposition of all or substantially all of the assets of the Company and its subsidiaries in one transaction or a series of related transactions; (ii) the consolidation, merger or other business combination of the Company with or into any other entity, immediately following which the then current stockholders of the Company fail to own, directly or indirectly, at least Majority Voting Power; (iii) a transaction or series of transactions in which any person or “group” (as such term is used in Sections 13(d) and 14(d) of the Exchange Act) acquires Majority Voting Power (other than (A) a reincorporation or similar corporate transaction in which the Company’s stockholders own, immediately thereafter, interests in the new parent company in essentially the same percentage as they owned in the Company immediately prior to such transaction, or (B) a transaction described in clause (ii) (such as a triangular merger) in which the threshold in clause (ii) is not passed) or (iv) the replacement of a majority of the Board of Directors with individuals who were not nominated or elected by at least a majority of the directors at the time of such replacement. 17 DB1/ 97884447.26
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Examples of Applicable Losses in a sentence

  • In the event Applicable Losses are incurred by Payee, an amount of the Outstanding Balance equal to the amount of Applicable Losses shall accelerate and become immediately due and payable to Payee, provided the foregoing shall not limit Payee’s remedies available at law or in equity that arise under the Assignment.

  • Following the occurrence and during the continuation of an Event of Default, or in the case of any Applicable Losses payable under such insurance exceeding $250,000, Agent shall have the exclusive right to adjust any Applicable Losses payable under any such insurance policies, without any liability to Borrowers whatsoever in respect of such adjustments.

  • On the 270th day following the Closing Date, $1,000,000, less the aggregate amount, if any, of Applicable Losses (as defined below) for which the Purchaser has provided notice in accordance with Section 6.03 (whether or not adjudicated or resolved), shall be released from escrow out of the Cash Escrow.

  • On the 360th day following the Closing Date, $1,000,000, less the aggregate amount, if any, of Applicable Losses for which the Purchaser has provided notice in accordance with Section 6.03 (whether or not adjudicated or resolved) and which were not withheld from a previous distribution from escrow, shall be released from escrow out of the Cash Escrow.

  • The term "Applicable Losses" means all Losses (as defined in Section 6.01) other than Losses that are not indemnifiable by Seller or Owners by reason of the $250,000 exclusion set forth in Section 6.02(b)(ii).

  • For the avoidance of doubt, no Identified Person shall be obligated to pursue recovery for any Applicable Losses under any other agreement, policy or other instrument to which such Identified Person is or becomes a party or is or otherwise becomes a beneficiary and the Company shall have no right to pursue recovery in any manner for any Losses under any such agreement, policy or other instrument.

  • AFD will work closely with World Bank team to ensure coherence of the whole process ⮚ Technical support, implementation support and quality enhancement provided by the French development Agency would be executed directly by AFD These arrangements are indicative.


More Definitions of Applicable Losses

Applicable Losses has the meaning set forth in Section 6(j)(iii).
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Applicable Losses means all Losses (as defined in Section 6.01) other than Losses that are not indemnifiable by Seller or Owners by reason of the $250,000 exclusion set forth in Section 6.02(b)(ii).
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Related to Applicable Losses

  • Purchaser Losses shall have the meaning set forth in Section 9.1(a).

  • Aggregate Net Losses means, with respect to a Collection Period, an amount equal to the aggregate Principal Balance of all Receivables that became Defaulted Receivables during such Collection Period minus all Net Liquidation Proceeds collected during such Collection Period with respect to all Defaulted Receivables.

  • Tax Losses has the meaning assigned to such term in Section 7.1(a).

  • Aggregate Loss Severity Percentage With respect to any Distribution Date, the percentage equivalent of a fraction, the numerator of which is the aggregate amount of Realized Losses incurred on any Mortgage Loans from the Cut-off Date to the last day of the preceding calendar month and the denominator of which is the aggregate principal balance of such Mortgage Loans immediately prior to the liquidation of such Mortgage Loans.

  • Indemnifiable Losses means any and all Losses relating to, arising out of or resulting from any Indemnifiable Claim.

  • Loss or Losses means all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys' fees and the costs of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers.

  • Seller Losses has the meaning set forth in Section 10.2(a).

  • Buyer Losses shall have the meaning set forth in Section 11.1 hereof;

  • Direct Losses means all damages, losses, liabilities, penalties, fines, assessments, claims, actions, costs, expenses (including the cost of legal or professional services, legal costs being on a substantial indemnity basis), proceedings, demands and charges whether arising under statute, contract or at common law, except Indirect Losses.

  • Indemnified Losses is defined in Section 5.03 of the Servicing Agreement.

  • Purchaser Indemnitees has the meaning set forth in Section 7.02.

  • Cumulative Loss Percentage With respect to any Distribution Date, the percentage equivalent of a fraction, the numerator of which is the aggregate amount of Realized Losses incurred from the Cut-off Date to the last day of the calendar month preceding the month in which such Distribution Date occurs and the denominator of which is the Cut-off Date Pool Principal Balance of the Mortgage Loans.

  • Net Income (Loss) means with respect to any Person and for any period, the aggregate net income (or loss) after taxes of such Person for such period, determined in accordance with GAAP.

  • Funding Losses has the meaning set forth in Section 2.13(b)(ii).

  • Fraud Losses Realized Losses on Mortgage Loans as to which a loss is sustained by reason of a default arising from fraud, dishonesty or misrepresentation in connection with the related Mortgage Loan, including a loss by reason of the denial of coverage under any related Primary Insurance Policy because of such fraud, dishonesty or misrepresentation.

  • Losses shall have the meaning set forth in Section 5(a).

  • Class B Loss Percentage With respect to any Determination Date and any Class of Class B Certificates then outstanding, the percentage calculated by dividing the Principal Balance of such Class by the Class B Principal Balance (determined without regard to any Principal Balance of any Class of Class B Certificates not then outstanding), in each case determined as of the preceding Determination Date.

  • Deductible Amount means, with respect to any Insuring Agreement, the amount set forth under the heading “Deductible Amount” in Item 3 of the Declarations or in any Rider for such Insuring Agreement, applicable to each Single Loss covered by such Insuring Agreement.

  • Representative Losses has the meaning set forth in Section 10.01(c).

  • Loss Percentage means on any day the greater of (i) one and one-half (1.5) times the Loss Horizon as of such day and (ii) 20%.

  • Purchaser Indemnified Parties has the meaning set forth in Section 8.2.

  • Relevant Losses means, in relation to:

  • Purchaser Indemnified Persons has the meaning specified in Section 11.01(a).

  • Losses incurred as used herein shall mean ceded losses and loss adjustment expense paid as of the effective date of calculation, plus the ceded reserves for losses and loss adjustment expense outstanding as of the same date, all as respects losses occurring during the contract year under consideration, plus the debit or minus the credit from the preceding contract year.

  • Purchaser Indemnified Person is defined in Section 5.1 of the Sale Agreement.

  • Net Realized Losses For any Class of Certificates and any Distribution Date, the excess of (i) the amount of Realized Losses previously allocated to that Class over (ii) the amount of any increases to the Class Certificate Principal Balance of that Class pursuant to Section 5.08 due to Recoveries.