Potential Losses definition
Examples of Potential Losses in a sentence
The estimated value assessed (valor de exposição estimado) in the Legal Advisor Report shall prevail and bind the Parties and the Option C Shareholders, being considered final and conclusive under the Potential Losses.
For the purposes of determining the value of the Potential Losses, the Company shall hire one (1) Legal Advisor to determine the value, in Brazilian Reais (R$), referring to the Potential Losses, considering exclusively the amount that could actually become a loss for the Company (“Legal Advisor Report”).
The Holdback Report should also contain a reasonably detailed description, and the respective value attributed to each of the Materialized Losses on the Calculation Date and Potential Losses.
If the total amount of the Materialized Losses on the Calculation Date existing on the fifth (5th) Calculation Date is lower than the Reference Value, and there are Potential Losses on such Calculation Date, then the total amount of the outstanding Potential Losses (as provided in the Holdback Report) shall be retained by ▇▇▇▇▇▇ (“Retained Holdback Amount”).
T-NDE shall further be permitted to offset amounts for claims giving rise to potential Indemnified Losses that have been asserted against T-NDE prior to the next occurring installment due date under the Promissory Note ("Potential Losses"); provided, however, that T-NDE shall be permitted to make offsets for Potential Losses only to the extent of the amount (if any) by which the aggregate of Potential Losses exceeds the amount remaining payable on the Promissory Note.
The amount of Potential Losses shall be determined by T-NDE in good faith.