Potential Loss definition

Potential Loss has the meaning set forth in Section 9.10.
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Potential Loss means any event, fact, condition, or circumstance that is reasonably likely to give rise to a Loss. The Borrower Indemnity shall not apply to the extent that a court or arbitral tribunal with jurisdiction over the Loss and each Indemnified Person who has a Loss or Costs of Defense in connection therewith renders a final determination that the Loss or Costs of Defense resulted from (a) the gross negligence or willful misconduct of the Indemnified Person, or (b) the failure of OPIC to perform any act required of it relating to the Loans or otherwise under any Financing Document. The Borrower Indemnity is independent of and in addition to (i) any rights of any party hereto in connection with any Loss or Costs of Defense, and (ii) any other agreement, and shall survive the execution, modification, and amendment of this Agreement and the other Financing Documents, the expiration, cancellation, or termination of the Commitments, the disbursement and repayment of the Loans, and the provisions of any other indemnity. Any exclusion of an obligation to pay any amount under this Section shall not affect the requirement to pay such amount under any other Section hereof or under any other agreement. OPIC and each Indemnified Person shall have the right to control its, his, or her defense, provided, however, that each Indemnified Person shall: (A) notify the Borrower in writing as soon as practicable of any Loss, Potential Loss, or Costs of Defense, and (B) keep the Borrower reasonably informed of material developments with respect thereto. In exercising the right and power to control his, her, or its actions in connection with a Loss or Potential Loss, including a decision to settle any such Loss, each Indemnified Person shall, taking into account the nature and policies of such Indemnified Person (I) consult with the Borrower, and (II) act as such Indemnified Person would act if the Costs of Defense or settlement were to be paid by such Indemnified Person. The Borrower acknowledges and agrees that each Indemnified Person is an express, third-party beneficiary of the Borrower’s obligations under this Section 9.10.
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Potential Loss means the discovery by a Party that a representation or warranty of another Party contained in this Agreement was not true in all respects when made and such inaccuracy may result in a Loss to such discovering Party.
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Examples of Potential Loss in a sentence

  • See "--Competition; Possible Obsolescence of Technology" and "Exclusive Licenses on Heated and Cooled Seats;" Potential Loss of Exclusivity of License on Radar for Maneuvering and Safety." There can be no assurance that the Company will be successful in this effort.

  • Agreements Regarding Potential Loss of Units Under Section 14 of the Partnership Agreement.

  • Potential Loss of Principal: It is possible that the client may receive zero or negative return (loss of capital) over the Investment period.

  • Date of Potential Loss is defined as the date of delivery of the Products by RxCrossroads to the customer of record or the last known holder of record or the date that RxCrossroads reports to Customer that an incident has occurred that may have caused loss or damage to all or part of the Products, whichever time is shorter.

  • Index Guard Strategy Daily Adjustment Maximum Potential Loss 0% 99% 35% (as a percentage of Index Option Value, applies for distributions from an Index Option before any Term End Date) Premium tax is based on your state of residence at the time you make each Purchase Payment.

  • Upon occurrence of a Potential Loss, the Company shall, at its own cost (which shall be comprised under the definition of Losses), conduct the defense of the relevant Third Party Claim by employing the same standards currently employed by Serasa, including hiring the same law firms hired by Serasa to handle its own Claims, which shall have recognized expertise in the matters under discussion.

  • Agreements Regarding Potential Loss of Units Under Section 14 of the Partnership Agreement ............

  • The amount of the relevant remaining Potential Loss shall be subject to the provisions set forth in Section 2.8.4(ii) below.

  • Cause the Insurance Subsidiaries to maintain reinsurance protection with respect to each type of business which in the event of a Maximum Potential Loss limits the reduction in consolidated surplus of Insurance Subsidiaries to five percent (5%) of consolidated surplus.

  • For the avoidance of doubt, any Potential Loss that becomes a Finally Resolved Claim and results in no Indemnifiable Loss shall be disregarded for purposes of the calculation of the Holdback Amount.


More Definitions of Potential Loss

Potential Loss means any event, circumstance or default specified in Subsection 9.3(h)(ii)-(iv). “Premium” means:
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Potential Loss means the discovery by a party that a representation or warranty of another party contained in this Agreement was not true in all respects when made and such inaccuracy would be reasonably likely to result in a material Loss to such discovering party.
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Potential Loss means an event or occurrence described in the definition of Total Loss that, with the passage of time without cure could be deemed a Total Loss. Upon the occurrence of a Total Loss of any Spare Part, Lessee shall replace such Spare Part in accordance with Section 6.4.
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Potential Loss means a loss not covered by the Contract that will be added to the harvested yield.
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Potential Loss means any event or circumstance that could reasonably be expected to result in, or to materially increase the likelihood or magnitude of, a Loss, including (x) any dispute with the Host Government, including initiation of any Dispute Resolution Procedure, (y) any pending, or to the Guarantee Holder's or Project Enterprise's knowledge threatened, action or proceeding by or before any court, arbitral tribunal, or agency that might have a material adverse effect on the Project Enterprise, the Guaranteed Loan, or the Investment Project, or (z) any Scheduled Payment Default (regardless of cause) or deprivation of rights in Collateral.
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Potential Loss means any event, fact, condition, or circumstance that is reasonably likely to give rise to a Loss. The Borrower Indemnity shall not apply to the extent that a court or arbitral tribunal with jurisdiction over the Loss and each Indemnified Person who has a Loss or Costs of Defense in connection therewith renders a final determination that the Loss or Costs of Defense resulted from (a) the gross negligence or willful misconduct of the Indemnified Person, or (b) OPIC’s failure to perform any act required of it relating to the Loan. The Borrower Indemnity is independent of and in addition to (i) any rights of any party hereto in connection with any Loss or Costs of Defense, and
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Related to Potential Loss

  • Partial Loss means, with respect to any ACS Group Aircraft, any event or occurrence of loss, damage, destruction or the like which is not a Total Loss.

  • Consequential Loss means indirect or consequential loss or damage such as, but not limited to, loss of contract, bargain, expectation, opportunity, profit, production, revenue, anticipated cost reduction or interest payable howsoever caused, arising out of or in connection with this Contract.

  • Material Loss means an uninsured:

  • Total Loss means, in relation to a Ship:

  • Environmental Loss means any loss, cost, damage, liability, deficiency, fine, penalty or expense (including, without limitation, reasonable attorneys' fees, engineering and other professional or expert fees), investigation, removal, cleanup and remedial costs (voluntarily or involuntarily incurred) and damages to, loss of the use of or decrease in value of the Equipment arising out of or related to any Adverse Environmental Condition.