Common use of Calculation of Losses Clause in Contracts

Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies or otherwise with respect to such Losses (net of any Tax or expenses incurred in connection with such recovery).

Appears in 7 contracts

Samples: Asset Purchase Agreement (Attis Industries Inc.), Asset Purchase Agreement, Asset Purchase Agreement (Attis Industries Inc.)

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Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI X shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies or otherwise with respect to such Losses (net of any Tax or expenses expenses, other than Tax, incurred in connection with such recovery). Purchaser shall use its commercially reasonable efforts to recover under insurance policies for any Losses prior to seeking indemnification under this Agreement.

Appears in 4 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Northland Cable Properties Eight Limited Partnership), Asset Purchase Agreement (Northland Cable Properties Seven Limited Partnership)

Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI VIII shall be net of any amounts actually recovered or recoverable by the indemnified party Indemnitee under insurance policies or otherwise with respect to such Losses (net of any Tax or expenses incurred in connection with such recovery).

Appears in 3 contracts

Samples: Contribution Agreement (TerraForm Power, Inc.), Contribution Agreement (TerraForm Power, Inc.), Contribution Agreement

Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI IX shall be net of any amounts actually recovered or recoverable by the indemnified party Indemnified Party under insurance policies or otherwise with respect to such Losses (net of any Tax or expenses incurred in connection with such recovery)Losses.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Cedar Fair L P), Asset Purchase Agreement (Six Flags Inc)

Calculation of Losses. (a) The amount of any Losses Loss for which indemnification is provided under this Article XI shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies or otherwise (other than captive insurance and fronting carrier arrangements) with respect to such Losses (net of Loss, as reduced by any Tax or expenses incurred in connection with increase to the insurance premiums payable resulting from such recovery).

Appears in 2 contracts

Samples: Purchase Agreement (Olin Corp), Purchase Agreement (Polyone Corp)

Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies or otherwise with respect to such Losses (net of any Tax or expenses incurred in connection with such recovery)Losses.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Foot Locker Inc), Asset Purchase Agreement (Footstar Inc)

Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI IX shall be net of any amounts actually recovered or recoverable by the indemnified party Indemnified Party under insurance policies or otherwise with respect to such Losses (net of any Tax or expenses incurred in connection with such recovery)Losses.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Duke Energy CORP)

Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI VIII shall be net of any amounts actually recovered or recoverable by the indemnified party Indemnified Person under insurance policies or otherwise with respect to such Losses (net of any Tax or expenses incurred in connection with such recovery).

Appears in 1 contract

Samples: Asset Purchase Agreement (Hawkins Inc)

Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI X shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies or otherwise with respect to such Losses (net of any Tax or expenses incurred in connection with such recovery).

Appears in 1 contract

Samples: Asset Purchase Agreement (Global Crossing LTD)

Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI X shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies or otherwise with respect to such Losses (net of any Tax or expenses incurred in connection with such recovery). Purchaser shall use its commercially reasonable efforts to recover under insurance policies for any Losses prior to seeking indemnification under this Agreement; provided, that Purchaser shall have no obligation whatsoever to maintain insurance.

Appears in 1 contract

Samples: Asset Purchase Agreement (Bell Industries Inc /New/)

Calculation of Losses. (a) The amount of any Losses Loss for which indemnification is provided under this Article XI IX shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies or otherwise with respect to such Losses (net of any Tax or expenses incurred in connection with such recovery)Loss.

Appears in 1 contract

Samples: Stock and Asset Purchase Agreement (Telvent Git S A)

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Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI X shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies (provided that any increased insurance premium resulting from payment of such amounts shall be deemed to be Losses) or otherwise with respect to such Losses (net of any Tax or expenses incurred in connection with such recovery).

Appears in 1 contract

Samples: Asset Purchase Agreement (C&d Technologies Inc)

Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI X shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies or otherwise with respect to such Losses (net of any Tax Taxes or expenses incurred in connection with such recovery). Purchaser shall use its commercially reasonable efforts to recover under insurance policies for any Losses prior to seeking indemnification under this Agreement; provided, that Purchaser shall have no obligation whatsoever to maintain insurance.

Appears in 1 contract

Samples: Asset Purchase Agreement (Bell Industries Inc /New/)

Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI X shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies or otherwise with respect to such Losses (net of any Tax Taxes or expenses incurred in connection with such recovery). Purchaser shall use its commercially reasonable efforts to recover under insurance policies for any Losses prior to seeking payment of indemnification under this Agreement. Nothing in this Agreement shall create any obligation whatsoever for Purchaser to maintain any insurance.

Appears in 1 contract

Samples: Asset Purchase Agreement (Bell Industries Inc /New/)

Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI X shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies or otherwise with respect to such Losses (net of any Tax or expenses expenses, other than Tax, incurred in connection with such recovery). Each of Purchaser and Seller shall use its commercially reasonable efforts to recover under insurance policies for any Losses prior to seeking indemnification under this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Northland Cable Properties Seven Limited Partnership)

Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI X shall be (i) net of any amounts actually recovered or recoverable by the indemnified party under insurance policies or otherwise with respect to such Losses and (net of any ii) calculated on an After-Tax or expenses incurred in connection with such recovery)Basis.

Appears in 1 contract

Samples: Stock Purchase Agreement (Mattel Inc /De/)

Calculation of Losses. (a) The amount of any Losses for which indemnification is provided under this Article XI IX shall be net of any amounts actually recovered or recoverable by the indemnified party under insurance policies or otherwise with respect to such Losses (net of any Tax or expenses incurred in connection with such recovery). Each of Purchaser and Seller shall use its commercially reasonable efforts to recover under insurance policies for any Losses prior to seeking indemnification under this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Quovadx Inc)

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