Loss or Losses Clause Samples

Loss or Losses. Any and all direct, actual and out-of-pocket losses (including any loss in the value in the Current Excess Servicing Spread), damages, deficiencies, claims, costs or expenses, including reasonable attorneys’ fees and disbursements, excluding (i) any amounts attributable to or arising from overhead allocations, general or administrative costs and expenses, or any cost for the time of any Party’s employees, (ii) consequential losses or damages consisting of speculative lost profits, lost investment or business opportunity, damage to reputation or operating losses, or (iii) punitive or treble damages; provided, however, that the exclusions set forth in clauses (ii) or (iii) above do not apply if and to the extent any such amounts are actually incurred in payment to a third party or government entity.

Loss or Losses. Any and all losses, damages, deficiencies, Claims, liabilities, penalties, costs or expenses, including without limitation reasonable costs of investigation (solely to the extent such investigation is required to address a third party claim), attorneys’ fees and disbursements.

Loss or Losses. Any actual loss, cost, expense, liability, damage, demand, suit, sanction, cause of action, claim, judgment; lien, fine or penalty, including court costs and reasonable attorney’s fees.

Loss or Losses. Have the meanings assigned to such terms in Section 13(a) hereof.

Loss or Losses. Any and all direct, actual and out-of-pocket losses, damages, deficiencies, claims, costs, penalties or expenses, including reasonable attorneys’ fees and disbursements, excluding (i) any amounts attributable to or arising from overhead allocations, general or administrative costs and expenses, or any cost for the time of any Party’s employees, (ii) consequential losses or damages consisting of speculative lost profits, lost investment or business opportunity, damage to reputation or operating losses, (iii) punitive or treble damages; (iv) ordinary deductions from the calculation of insurance or guaranty benefits by an Insurer assuming the servicer complied with Applicable Requirements, including, without limitation, payment of interest by FHA at the debenture rate rather than the Mortgage Note rate and deductions for a portion of expenses and interest, (v) prepayment interest shortfalls payable to securities holders for the accrual on interest on mortgage-backed securities in excess of the amount payable by the Mortgagor upon the full prepayment of a Mortgage Loan and (vi) losses attributable to VA No Bids and VA Buydowns (except as set forth in Section 11.01(d)); provided, however, that the exclusions set forth in clauses (ii) and (iii) above do not apply if and to the extent any such amounts are actually incurred in payment to a third party or government entity.

Loss or Losses. 3 1.33 Material Adverse Effect........................................ 3 1.34 Merger......................................................... 3 1.35

Loss or Losses. All costs and expenses (including interest, penalties, reasonable attorneys’, accountants’ and actuaries’ fees, and any other costs and expenses incident to any suit, action or proceeding), damages, charges, losses, deficiencies, liabilities, obligations, claims and judgments sustained by any Person who is a party to or entitled to indemnification under this Agreement or one or more of the Ancillary Agreements.

Loss or Losses. Any and all out of pocket losses, damages, deficiencies, claims, costs, penalties or expenses, including denied insurance or guaranty benefits, reasonable attorneys’, accountants’, consultants’ and other professionals’ fees and disbursements, other costs of investigation and litigation, and, in the case of indemnification under Section 11.01(g) or Section 11.02(c), Purchaser’s or Seller’s hedge cost (respectively) incurred in connection with the anticipated closing of the Transaction and the estimated lost opportunity cost due to Purchaser’s inability to deliver re-performing Mortgage Loans into GNMA Mortgage Pools, but excluding (i) any amounts attributable to or arising from overhead allocations, general or administrative costs and expenses, or any cost for the time of any Party’s employees not involving overtime payments, (ii) ordinary deductions from the calculation of insurance or guaranty benefits by an Insurer assuming the Servicer complied with Applicable Requirements, including payment of interest by FHA at the debenture rate rather than the Mortgage Note rate and deductions for a portion of expenses and interest, (iii) prepayment interest shortfalls payable to securities holders for the accrual of interest on mortgage-backed securities in excess of the amount payable by the Mortgagor upon the full prepayment of a Mortgage Loan.

Loss or Losses. “Loss” or “Losses” means any liabilities, losses, damages, fines or penalties that are suffered or sustained, or that have required an outlay or payment of cash or other non-cash consideration, whether resulting from a judgment, a settlement or an award, including those arising out of any Proceeding, Law or Contract, including the Taxes, costs and expenses (including reasonable fees and expenses of counsel, consultants, experts, and other professional fees) associated therewith.