Project Losses definition

Project Losses losses arising out of the Borrower's underground project (under a contract with [**********]) outside of [**************] described in the letter from the Borrower to the Administrative Agent and the Lenders dated June 8, 2005; provided, that such losses do not result in, or could not reasonably be expected to result in, an aggregate negative amount of Consolidated Adjusted EBITDA (as measured over all relevant periods and excluding any application of clause (k) of the definition of such term which would otherwise result therefrom) in excess of $[**********].
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Examples of Project Losses in a sentence

  • Such disagreement and final resolution of the amount of Project Losses shall be determined consistent with the procedures described in Section 3.2(c) above.

  • Section 4.2 of the Credit Agreement is hereby amended by deleting the "." at the end thereof and inserting in lieu thereof the following language: ", except for the [**********] Project Losses." The amendment set forth in this Section 4.2 shall cease to be effective on and after July 25, 2005 (with respect to representations and warranties made on or after such time), at which time such Section 4.2 shall revert to the language set forth therein prior to the effectiveness of this Amendment.

  • Within thirty (30) days after Sellers receipt of the Project Losses Statement, Sellers shall either inform the Purchaser in writing that the Project Losses Statement is acceptable or object to the Project Losses Statement in writing setting forth a specific description of the objections and specifying in reasonable detail the nature and extent of such disagreement.

  • The Final Indemnified Project Statement shall set out in reasonable detail (with reasonably appropriate supporting documentation, data and backup information) the amount of the Indemnified Project Losses actually incurred by Purchaser or the Purchaser Affiliates with respect to such Indemnified Project, and subject to Section 9.06(d)(iv) shall be deemed to be final, binding and conclusive on the Parties.

  • Notwithstanding the foregoing, and subject to Section 9.5, in no event will Purchaser be able to collect any Project Losses unless and until the total amount of Project Losses exceeds $300,000 (but only in the amount of such excess).

  • Sellers shall have a right to inspect Purchaser’s records with respect to incurred costs and payments received if recovery for any Project Losses applies in accordance with Section 3.3(a).