Potential Loss definition

Potential Loss has the meaning set forth in Section 9.10.

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Potential Loss means any event, fact, condition, or circumstance that is reasonably likely to give rise to a Loss. The Borrower Indemnity shall not apply to the extent that a court or arbitral tribunal with jurisdiction over the Loss and each Indemnified Person who has a Loss or Costs of Defense in connection therewith renders a final determination that the Loss or Costs of Defense resulted from (a) the gross negligence or willful misconduct of the Indemnified Person, or (b) the failure of OPIC to perform any act required of it relating to the Loans or otherwise under any Financing Document. The Borrower Indemnity is independent of and in addition to (i) any rights of any party hereto in connection with any Loss or Costs of Defense, and (ii) any other agreement, and shall survive the execution, modification, and amendment of this Agreement and the other Financing Documents, the expiration, cancellation, or termination of the Commitments, the disbursement and repayment of the Loans, and the provisions of any other indemnity. Any exclusion of an obligation to pay any amount under this Section shall not affect the requirement to pay such amount under any other Section hereof or under any other agreement. OPIC and each Indemnified Person shall have the right to control its, his, or her defense, provided, however, that each Indemnified Person shall: (A) notify the Borrower in writing as soon as practicable of any Loss, Potential Loss, or Costs of Defense, and (B) keep the Borrower reasonably informed of material developments with respect thereto. In exercising the right and power to control his, her, or its actions in connection with a Loss or Potential Loss, including a decision to settle any such Loss, each Indemnified Person shall, taking into account the nature and policies of such Indemnified Person (I) consult with the Borrower, and (II) act as such Indemnified Person would act if the Costs of Defense or settlement were to be paid by such Indemnified Person. The Borrower acknowledges and agrees that each Indemnified Person is an express, third-party beneficiary of the Borrower’s obligations under this Section 9.10.

Potential Loss means the discovery by a Party that a representation or warranty of another Party contained in this Agreement was not true in all respects when made and such inaccuracy may result in a Loss to such discovering Party.

Examples of Potential Loss in a sentence

See "--Competition; Possible Obsolescence of Technology" and "Exclusive Licenses on Heated and Cooled Seats;" Potential Loss of Exclusivity of License on Radar for Maneuvering and Safety." There can be no assurance that the Company will be successful in this effort.
Agreements Regarding Potential Loss of Units Under Section 14 of the Partnership Agreement.
WILD-5 Effect WILD-5: Potential Loss or Disturbance of Nesting Swainson’s Hawk and Loss of Nesting and Foraging Habitat.
For the avoidance of doubt, any Potential Loss that becomes a Finally Resolved Claim and results in no Indemnifiable Loss shall be disregarded for purposes of the calculation of the Holdback Amount.
Upon occurrence of a Potential Loss, the Company shall, at its own cost (which shall be comprised under the definition of Losses), conduct the defense of the relevant Third Party Claim by employing the same standards currently employed by Serasa, including hiring the same law firms hired by Serasa to handle its own Claims, which shall have recognized expertise in the matters under discussion.
Agreements Regarding Potential Loss of Units Under Section 14 of the Partnership Agreement ............
Notwithstanding anything to the contrary in this Framework Agreement, the Indemnitee may, at its option, upon notice to the indemnifying Party, control the defense of (i) any criminal proceeding, action, indictment, allegation or investigation that relates to an Indemnifiable Loss or potential Indemnifiable Potential Loss and (ii) if occurring after the second anniversary of the Closing Date, the portion of any legal action that seeks an injunction against the Indemnitee.
Date of Potential Loss is defined as the date of delivery of the Products by RxCrossroads to the customer of record or the last known holder of record or the date that RxCrossroads reports to Customer that an incident has occurred that may have caused loss or damage to all or part of the Products, whichever time is shorter.
Potential Loss of Principal: It is possible that the client may receive zero or negative return (loss of capital) over the Investment period.
Cause the Insurance Subsidiaries to maintain reinsurance protection with respect to each type of business which in the event of a Maximum Potential Loss limits the reduction in consolidated surplus of Insurance Subsidiaries to five percent (5%) of consolidated surplus.

More Definitions of Potential Loss

Potential Loss means a loss not covered by the Contract that will be added to the harvested yield.

Potential Loss means an event or occurrence described in the definition of Total Loss that, with the passage of time without cure could be deemed a Total Loss. Upon the occurrence of a Total Loss of any Spare Part, Lessee shall replace such Spare Part in accordance with Section 6.4.

Potential Loss means a Loss or Loan Loss that is described in the Claim Notice that either (a) the Purchaser determines in good faith and its reasonable judgment, that a Purchaser Indemnitee would likely incur in the future and with respect to which the Purchaser would be entitled to indemnification pursuant to Section 7.2, or (b) the Seller determines in good faith and its reasonable judgment, that a Seller Indemnitee would likely incur in the future and with respect to which the Seller is entitled to indemnification pursuant to Section 7.3. For the avoidance of doubt, in no event shall the Purchaser be required to wait until a Mortgage Loan has finally liquidated, paid in full or sold in order for the related Losses or Loan Losses to be considered to be a Potential Loss.

Potential Loss means any event or circumstance that could reasonably be expected to result in, or to materially increase the likelihood or magnitude of, a Loss, including (x) any dispute with the Host Government, including initiation of any Dispute Resolution Procedure, (y) any pending, or to the Guarantee Holder's or Project Enterprise's knowledge threatened, action or proceeding by or before any court, arbitral tribunal, or agency that might have a material adverse effect on the Project Enterprise, the Guaranteed Loan, or the Investment Project, or (z) any Scheduled Payment Default (regardless of cause) or deprivation of rights in Collateral.

Potential Loss means any event, circumstance or default specified in Subsection 9.3(h)(ii)-(iv). “Premium” means: