Common use of Loss or Losses Clause in Contracts

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.

Appears in 26 contracts

Samples: Spread Acquisition Agreement (Nationstar Mortgage Holdings Inc.), Spread Acquisition Agreement (Newcastle Investment Corp), Acquisition Agreement (Nationstar Mortgage Holdings Inc.)

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Loss or Losses. Any and all direct, actual and out-of-pocket losses (including any loss in the value in the Current Future 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 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.

Appears in 17 contracts

Samples: Future Spread Agreement (Nationstar Mortgage Holdings Inc.), Future Spread Agreement (Nationstar Mortgage Holdings Inc.), Future Spread Agreement (Nationstar Mortgage Holdings Inc.)

Loss or Losses. Any and all direct, actual and out-of-pocket losses (including any loss in the value in the Current Future 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.

Appears in 4 contracts

Samples: Future Spread Agreement (Newcastle Investment Corp), Future Spread Agreement (Newcastle Investment Corp), Future Spread Agreement (Newcastle Investment Corp)

Loss or Losses. Any and all direct, actual and out-of-pocket losses (including any loss in the value in the Current Future 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 '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 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.

Appears in 3 contracts

Samples: Future Spread Agreement (Newcastle Investment Corp), Future Spread Agreement (Nationstar Mortgage Holdings Inc.), Future Spread Agreement (Newcastle Investment Corp)

Loss or Losses. Any and all direct, actual and out-of-pocket losses (including any loss in the value in of the Current Excess Servicing SpreadMSRs), 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 entityGovernmental Authority.

Appears in 2 contracts

Samples: Acquisition and Recapture Agreement (Cherry Hill Mortgage Investment Corp), Acquisition and Recapture Agreement (Cherry Hill Mortgage Investment Corp)

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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 '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.

Appears in 2 contracts

Samples: Current Excess Servicing Spread Acquisition Agreement (Nationstar Mortgage Holdings Inc.), Current Excess Servicing Spread Acquisition Agreement (Nationstar Mortgage Holdings Inc.)

Loss or Losses. Any and all direct, actual and out-of-pocket losses (including any loss in the value in the Current Future 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 '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.

Appears in 1 contract

Samples: Future Spread Agreement (Nationstar Mortgage Holdings Inc.)

Loss or Losses. Any and all direct, actual and or out-of-pocket losses (including any loss in the value in the Current Excess Servicing Spread)losses, damages, deficiencies, claims, costs costs, penalties or expenses, including the costs of investigating any claims and all 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 and (iii) punitive or treble damages; provided, however, that the exclusions set forth in clauses (ii) or 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 entityGovernmental Entity.

Appears in 1 contract

Samples: Rights Purchase and Sale Agreement (Springleaf Holdings, Inc.)

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