Loss Contracts. There shall be no changes made to the provisions for loss contracts from those used in the preparation of the March 31, 2002 Balance Sheet, except to the extent that such changes are required by documented and substantiated changes in facts and events occurring after March 31, 2002 and on or before the Balance Sheet Date and are not solely the result of changes in management estimates. It is further understood that loss contract reserves for contract bids and proposals and unexercised contract options of the Company that were in a loss position and outstanding at March 31, 2002 and which are awarded or exercised during the period between March 31, 2002 through and including the Balance Sheet Date shall be accrued and included in the Pre-Closing Date Balance Sheet.
Loss Contracts. Section 2.14(b) of the Company Disclosure Letter -------------- identifies all contracts (whether fixed price or time and materials with a price cap or other contract having similar effect) under which the Company provides products or services to a third party and as to which the cost of performance has exceeded or is likely to exceed the contract price and also sets forth, with respect to each such contract, the amount by which such cost of performance exceeds such contract price. Except as set forth in Section 2.14(b) of the Company Disclosure Letter, all contracts under which the Company provides services to a third party are capable of being performed at a cost equal to or less than the contract price.
Loss Contracts. In the determination of the Proposed Final Net Tangible Asset Amount and the Final Net Tangible Asset Amount, there shall be no changes made to the provisions for loss contracts from those used in the preparation of the December Statement, except to the extent that such changes are required by changes in facts and events occurring after December 31, 1996 and before the Effective Date. Due Diligence Costs; Organization of Newco. There shall be no amount accrued or reserved for in connection with the determination of the Proposed Final Net Tangible Asset Amount and the Final Net Tangible Asset Amount for any obligations or liabilities incurred in connection with Newco's, Lockheed Xxxxxx'x or the Purchaser's due diligence efforts in connection with the Contemplated Transactions, including without limitation any fees and expenses of the counsel, independent accountants or other agents, advisors or consultants of Newco, Lockheed Xxxxxx or any of the Purchasers, and there shall not be considered in the determination of the Proposed Final Net Tangible Asset Amount and the Final Net Tangible Asset Amount any fees, expenses, reserves (or valuation accounts) or liabilities associated with the incorporation, organization, formation, capitalization or financing of Newco or with any restructuring of the Business or any of the Business Units contemplated or implemented by Newco.
Loss Contracts. There shall be no changes made to the provisions for loss contracts from those used in the preparation of the Baseline Balance Sheet, except to the extent that such changes are required by changes in facts and events occurring after July 3, 1999 and on or before the Closing Date.
Loss Contracts. 22 4.23. Year 2000..........................................................22 4.24. Windows Operating System Compatibility.............................23 4.25. Full Disclosure....................................................23
Loss Contracts. Except as set forth on Schedule 4.22, Seller and its Subsidiaries have not incurred any loss with respect to any Contract listed in Schedule 4.6, and Seller does not expect, to the best of Seller's knowledge, the performance of any Contract listed on Schedule 4.6 to result in any loss being incurred by Seller or any of its Subsidiaries.
Loss Contracts. 5 Section 3.7
Loss Contracts. Seller does not have any Contracts.
Loss Contracts. 25 4.27 Export Control Regulations......................................................... 25 4.28 Banks, Brokers and Proxies......................................................... 25 - i - TABLE OF CONTENTS (continued)
Loss Contracts. Except as set forth in SCHEDULE 4.26, no Company is a party to any Contract where, to Sellers' Knowledge, the Cost of Completion of such Contract (net of reserves set aside in the Interim Financial Statements for such type of losses) would be reasonably expected to significantly exceed the balance of monies to be paid by a customer or other Person to such Company under such Contract.
