Other Losses definition

Other Losses is defined in 7.2(a).

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Other Losses is defined in Section 3.3(a).

Other Losses is defined in 3.4(a).

Examples of Other Losses in a sentence

• The arbitrators’ authority to award punitive or any other type of damages not measured by a Party’s compensatory damages shall be subject to the limitation set forth in Section 13.5 (Special, Indirect and Other Losses).

• Modified Net Income Attributable to Company (Actual) Modified Net Income Attributable to Company (Actual) is calculated by subtracting Investment and Other (Losses) Gains – Net, as well as the effects of Non-Recurring Items, (all on an after-tax basis) from Net Income Attributable to Company.

• Investment and Other (Losses) Gains – Net Investment and Other (Losses) Gains – Net is a line item on the Company’s 10K that includes, but is not limited to, realized earnings (losses) from the sale of various types of financial and non-financial instruments; sale of subsidiaries, equity basis investments, and cost-bases investments; impairment of equity and cost-basis investments; and other types of non-operating transactions.

• Modified Earnings Before Interest, Taxes, Depreciation and Amortization (“Modified EBITDA”) (Corporate Metric) The Modified EBITDA (Corporate Metric) is calculated by adding/subtracting actual Investment and Other (Losses) Gains – Net as well as the effects of Non-Recurring Items from EBITDA (Corporate Metric).

• Modified Gross Revenues (Corporate Metric) Modified Gross Revenues is calculated by subtracting Investment and Other (Losses) Gains – Net, as well as the effects of Non-Recurring Items from Total Gross Revenues (Corporate Metric).

More Definitions of Other Losses

Other Losses means any Losses incurred by a Party which at any time arise out of or are based upon:

Other Losses has the meaning given such term in Section 3.2(a).

Other Losses has the meaning set forth in Exhibit Z.

Other Losses means any Losses incurred by a Principal which at any time arise out of or are based upon: (A) actions or discussions by another Principal inconsistent with the course of conduct or direction approved or consented to by the Principals; (B) the failure of another Principal to file, or timely file, any forms, reports, statements or other documents required to be filed with the Securities and Exchange Commission (as applicable, an "SEC REPORT"); (C) any untrue statement or alleged untrue statement or omission or alleged omission contained in the SEC Report of another Principal, which such statement or omission originated from such Principal; (D) any act or omission by such Principal which would constitute fraud, gross negligence or willful misconduct by another Principal; or (E) the violation of any obligation of such Principal under any agreement relating to the Transactions.

Other Losses is defined in Section 9.6(d) of this Agreement.

Other Losses refers to all categories of damages and loss incurred by Seller due to a Buyer Default other than the adverse income tax consequences described in this Addendum B. Buyer acknowledges and agrees that: (a) the 10% liquidated damages described in the Agreement represents the parties’ agreed liquidation of such Other Losses (not including the adverse income tax consequences described in this Addendum B); (b) in the event of a Buyer Default, the amount of such Other Losses would be uncertain and difficult to ascertain; and (c) 10% of the purchase price is fairly proportionate to the Other Losses likely to be incurred by Seller due to a Buyer Default (other than the adverse income tax consequences described in this Addendum B). If the provision for liquidated damages is adjudicated as unenforceable, Seller may recover from Buyer and Buyer agrees to pay to Seller any sums due for the Tax Equalization Amount pursuant to the provisions of this Addendum B together with the estimated amount of Seller’s actual damages attributable to Other Losses (plus expenses and attorney fees), including but not limited to Seller’s estimated losses due to: (i) out-of-pocket expenses incurred in connection with the Auction and/or anticipated expenses of resale; (ii) market changes after the Auction; (iii) losses, expenses, lost profits, lost opportunities and/or other consequential and/or special damages during Seller’s prolonged ownership and operation of the Property; and/or (iv) diminution in value and/or marketability relating to noncompletion of a sale at public auction.

Other Losses is defined in 6.2(a).