Qualifying Losses definition
Examples of Qualifying Losses in a sentence
If the Client fails to make such a disclosure, then any and all shipments to that particular Customer will be automatically excluded from coverage of the Qualifying Losses under the Agreement.
For the avoidance of doubt, any payment made by a Member pursuant to the Cash Grant Recapture Indemnity Agreements that is not a payment for Cash Grant Recapture Indemnity Agreements Qualifying Losses shall not be considered an Additional Capital Contribution for purposes of this Agreement and shall be treated as an indemnity payment applicable to losses of the Company, DS Holdings and the Subsidiaries, as the case may be, arising from the event giving rise to such payment.
No amounts of indemnity shall be payable as a result of any claim made under Section 8.3 (i) unless the Losses in respect of such claim or series of related claims are Qualifying Losses and (ii) unless and until the Seller Indemnified Parties have suffered, incurred, sustained or become subject to Qualifying Losses in excess of $2.0 million in the aggregate, in which case the Seller Indemnified Parties may bring a claim for the entire amount of such Losses.
Only Qualifying Losses shall be taken into account in determining whether the Threshold has been satisfied.
The Seller shall not be liable under this Agreement in respect of any individual claim (or a series of claims arising from substantially similar or related facts or circumstances or a series of connected matters) under this Agreement where the amount of any such claim or series of claims does not exceed EUR 40,000 (forty thousand euro) ("Qualifying Losses").