No Losses Sample Clauses
The No Losses clause serves to prevent one party from seeking compensation or reimbursement for losses, damages, or costs incurred in connection with the agreement. In practice, this means that if a party suffers a financial loss or other detriment related to the contract, they cannot demand that the other party cover or share in those losses. This clause is commonly used to allocate risk by ensuring that each party bears its own losses, thereby reducing potential disputes and financial exposure for the other party.
No Losses. From and after the Closing Date, the ▇▇▇▇▇▇ Companies shall not at any time suffer a net loss for the then two (2) most recently ended consecutive Fiscal Quarters.
No Losses. From and after April 1, 1997, ▇▇▇▇▇▇ shall not at any time suffer a net loss for the four (4) most recently ended consecutive Fiscal Quarters.
No Losses. Beginning with the quarter ending September 30, 1997, and continuing as of the end of each quarter thereafter, the Company and its consolidated Subsidiaries shall not incur an Adjusted Loss in any five consecutive fiscal quarters ending on the date of determination. "
No Losses. The Company shall not have EBIT of less than $0 during any fiscal year.
No Losses. Since June 30, 2001, JMS has not sustained any loss on account of fire, flood, accident or other calamity of such character as to interfere materially with the continued operation of The Acquired Business regardless of whether or not such loss was insured against, other than as set forth in Schedule 8.18.
No Losses. None of the Company or any of its Subsidiaries has sustained, since the date of the latest audited financial statements included or incorporated by reference in the Prospectus, any loss or interference with their respective businesses from fire, explosion, flood or other calamity, whether or not covered by insurance, or from any labor dispute or court or governmental action, order or decree, in each case that would reasonably be expected to have a Material Adverse Effect, except as disclosed in the Prospectus; and, since such date, except as disclosed in the Prospectus, there has not been any change in the capital stock or material increase in long-term debt of the Company or any of its Subsidiaries or any material adverse change, or any development involving a prospective material adverse change, in or affecting the general affairs, consolidated financial position, stockholders’ equity, results of operations, properties or business of the Company and its Subsidiaries.
No Losses. Seller agrees that Buyer shall not incur, and that pursuant to Section 12.1 hereof Seller shall indemnify Buyer for, any Losses resulting from any claim by or on behalf of Francotyp Postalia or its successors or assigns in connection with the matters set forth in Section 6.4(d) of the Seller Disclosure Schedule.
No Losses. Section 10.4 of the Credit Agreement is hereby amended by deleting it in its entirety and by substituting therefor the following:
(i) Not suffer a net loss, on a consolidated basis, in excess of $1,888,000 for the fiscal quarter ending September 30, 1998, (ii) not suffer a net loss, on a consolidated basis, in excess of $250,000 for the fiscal quarter ending December 31, 1998; (iii) not suffer a net loss, on a consolidated basis in excess of $2,414,000 for the fiscal year ending December 31; and (iv) shall not permit net income, on a consolidated basis to fall below $100,000 for the fiscal quarter ending March 31, 1999. For purposes of this Section 10.4, consolidated net income (or net loss, as applicable) shall include extraordinary losses and extraordinary gains in each such fiscal quarter." This THIRD AMENDMENT shall be governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be performed in said State. All capitalized terms not otherwise defined herein are used with the respective meanings given to such terms in the Credit Agreement. Except as expressly amended or waived hereby, the Credit Agreement shall remain in full force and effect in accordance with the original terms thereof and are hereby ratified and affirmed. This THIRD AMENDMENT herein contained is limited specifically to the matters set forth above and does not constitute directly or by implication an amendment or waiver of any other provision of the Credit Agreement or any default which may occur or may have occurred under the Credit Agreement. This THIRD AMENDMENT supersedes any prior negotiations, agreements, understandings or arrangements, or written and verbal communications by the Bank to the Borrower with regard to the matters set forth herein and this THIRD AMENDMENT together with the Credit Agreement and the Facility Documents contain the entire understanding and agreement of the parties with respect to the subject matter contained herein.
No Losses. The Company and its consolidated Subsidiaries shall not incur an Adjusted Loss in any five consecutive fiscal quarters ending on the date of determination.
No Losses. Borrower shall not incur a net loss on a combined basis in any fiscal quarter determined for Borrower and its subsidiaries on a consolidated basis commencing with the fourth fiscal quarter of 2011 and thereafter. ”
(d) Paragraph 5 of the Section captioned “Covenants and Conditions” is hereby amended and restated in its entirety to read as follows: