Anticipated Losses definition
Examples of Anticipated Losses in a sentence
See Note 5 to the financial statements and "Investment Considerations--History of Operating Losses; Accumulated Deficits; Anticipated Losses and Negative Cash Flow." RESULTS OF OPERATIONS Net Revenues.
Except with respect to a matter previously asserted in a Reasonably Anticipated Losses Officer’s Certificate, no claims may be asserted against the Escrow Fund after the Survival Date.
As soon as all such claims have been resolved, the Escrow Agent shall deliver to the Stockholders the remaining portion of the Escrow Fund, if any, not required to satisfy the Losses identified in any unresolved Officer’s Certificate or amounts identified in the Reasonably Anticipated Losses Certificate.
Upon resolution of a matter or claim contained in any Reasonably Anticipated Losses Officer’s Certificate, Parent shall promptly (and in any event, within 10 days) deliver a subsequent Officer’s Certificate to the Stockholder Representative and the Escrow Agent in respect of such matter or claims in accordance with the terms herein or shall withdraw its claim in respect of such matter or claim and direct the Escrow Agent to distribute the applicable amount to the Stockholders.
On each Holdback Payment Date, Surviving Corporation may suspend the transfer of an amount of shares of Parent Common Stock remaining under the Holdback equal in value to the subject Survivor Losses and/or Anticipated Losses (any such loss, a "Subject Payment Obligation").
For the avoidance of doubt, any failure to object to (or acceptance of) any Reasonably Anticipated Losses Officer’s Certificate shall in no way preclude, limit or otherwise affect the ability of the Stockholder Representative to object to any item in any Officer’s Certificate (whether or not such Officer’s Certificate is validly delivered subsequent to and related to the claims set forth in any such Reasonably Anticipated Losses Officer’s Certificate).
Surviving Corporation shall, concurrently with the filing of an Indemnification Notice, provide written notice to Shareholders specifying (i) the realized Survivor Losses and Anticipated Losses, (ii) the basis therefor, and (iii) the amounts of shares suspended (or to be suspended) from the Holdback as a result thereof.
The decision of the arbitrator or a majority of the three arbitrators, as the case may be, as to the validity and amount of any claim in such Officer’s Certificate or the reasonableness of any Reasonably Anticipated Losses Officer’s Certificate shall be final, binding, and conclusive upon the parties to this Agreement.
Each of the Holder Representative and Parent will be entitled to present whatever evidence it believes is relevant and probative as to Anticipated Losses.
CHSI, or its IRO on behalf of CHSI, may submit proposals identifying suggestions for the subset(s) of Paid Claims to be reviewed and the CHSI facilities to be reviewed at least 90 days prior to the end of each Reporting Period.