Excess Loss Sample Clauses

The Excess Loss clause defines the allocation of financial responsibility for losses that exceed a specified threshold or limit, typically in insurance or indemnity agreements. In practice, this clause stipulates that once losses surpass a predetermined amount, the party designated in the contract—often an insurer or reinsurer—will cover the additional losses above that threshold. For example, if a policyholder incurs damages beyond their deductible or retention, the excess loss provision determines who pays for the surplus. This clause is essential for managing risk exposure and ensuring that catastrophic or unusually large losses are appropriately distributed between parties, thereby providing financial protection and predictability.
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Excess Loss. Seventh, between the Members in proportion to ----------- their respective Percentage Interests at the end of the relevant year or period.
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Excess Loss. Subject to Section 7.3 and other provisions of this Agreement regarding losses, Terminal Company shall be liable to User for any Excess Loss. Any liability of Terminal Company to User for an Excess Loss shall be calculated and settled at the ********** during the Term and any extensions thereof by Terminal Company replacing such Excess Loss in kind on or before the end of the month following the ********* or paying to User the fair market value for the applicable Commodities as of the **********. All Terminal Loss incurred up to the allowed Contract Loss shall be for User's account, and Terminal Company shall have no liability whatsoever for such Contract Loss.
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Excess Loss. Network shall purchase an excess loss policy from an insurer reasonably acceptable to Company, effective upon the Implementation Date, which policy shall insure Network (and name Company as an additional insured) against the financial risk assumed by Network (less a risk corridor in a policy that is industry standard and as mutually acceptable to the Parties), for the provision, or the arranging for the provision, of Home Health Services in excess of the total PMPM Amount (as determined on an actuarially sound basis) for any calendar year. As an alternative to this Excess Loss policy, Network may deliver a policy or maintain adequate reserves designed to provide similar protection in form and substance reasonably acceptable to Company.
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Excess Loss the Contractor’s actual total liability to BT arising by reason of any act or omission of the Contractor or any Contractor Party (including any breach by the Contractor of any of its obligations under this Agreement, any tortious act or omission (including negligence) or otherwise), save to the extent that such liability is caused by any breach of any express provision of this Agreement by BT or any deliberate act or omission of BT, exceeding [**] Pounds Sterling (£[**]); or
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Excess Loss. Subject to Section 7.3 and other provisions of this Agreement regarding losses, Terminal Company shall be liable to User for any Excess Loss. Any liability of Terminal Company to User for any Excess Loss shall be calculated and settled at the ********** during the Term and any extensions thereof by Terminal Company replacing such Excess Loss in kind on or before the ********** or paying to User the fair market value for the applicable Commodities as of the end of the month following such Contract Year. However, it is understood that the Terminal Company shall redeliver to User, less actual physical loss, all Commodities delivered to the Terminal. All Terminal Loss incurred up to the allowed Contract Loss shall be for User's account, and Terminal Company shall have no liability whatsoever for such Contract Loss, provided supporting documentation is verifiable by User or its designee.
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Excess Loss. Any Bankruptcy Loss, or portion thereof, in excess of the then-applicable Bankruptcy Loss Limit, any Fraud Loss, or portion thereof, in excess of the then-applicable Fraud Loss Limit, and any Special Hazard Loss, or portion thereof, in excess of the then-applicable Special Hazard Loss Limit.
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Excess Loss. Not applicable.
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Excess Loss. The Net Losses allocated under Section 4.2(a) to any Member shall not exceed the maximum amount of Net Loss that can be so allocated without causing or increasing an Adjusted Capital Account Deficit. If some but not all of the Members would have an Adjusted Capital Account Deficit as a consequence of an allocation of Net Loss pursuant to Section 4.2(a), then the limitation set forth in this Section 4.2(b) shall be applied so as to allocate the maximum permissible Net Losses to each Member under the preceding sentence and Treasury Regulation Section 1.704-1(b)(2)(ii)(d). In the event that the allocation of Net Losses to any Member is prohibited under the first sentence of this Section 4.2(b), such Net Losses shall be allocated to the remaining Members in proportion to their respective positive Capital Account balances. With respect to each Fiscal Year or other Fiscal Period thereafter, Net Income (or, to the extent necessary, gross income) shall be allocated to the Members up to the aggregate of, and in proportion to, any Net Losses previously allocated to each Member in accordance with this Section 4.2(b) in the reverse order in which such Net Losses were allocated.
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Excess Loss. 15 SECTION PAGE
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Related to Excess Loss

  • Special Hazard Loss Amount $ 0.00 --------------

  • Net Loss A Net Loss for a particular fund or, in the case of a multi-class fund, a class results when aggregate Losses exceed aggregate Benefits (i.e., net redemptions on a day the fund’s or class’s NAV is overstated or net subscriptions on a day the fund’s or class’s NAV is understated) during the Error Period.

  • Excess Amount The excess of the Participant's Annual Additions for the Limitation Year over the Maximum Permissible Amount.

  • DATA LOSS The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.

  • Excess Cash Flow In the event that there shall be Excess Cash Flow in excess of $2,500,000 for any Fiscal Year, the Borrower shall, not later than the tenth Business Day following the date that is ninety days after the end of such Fiscal Year, prepay the Loans in an aggregate amount equal to 50% (provided that (i) such prepayment percentage shall be 25% if, as of the last day of the most recently ended Fiscal Year, the Senior Secured Net Leverage Ratio (determined for any such period by reference to the Compliance Certificate delivered pursuant to Section 5.1(c) calculating the Senior Secured Net Leverage Ratio as of the last day of such Fiscal Year) shall be 1.80:1.00 or less and (ii) no such prepayment shall be required by this clause (e) if the foregoing Senior Secured Net Leverage Ratio as of the last day of such Fiscal Year shall be 1.30:1.00 or less) of the entire Excess Cash Flow for such Fiscal Year minus 100% of voluntary repayments of the Loans made during such Fiscal Year with Internally Generated Cash; provided, that, if at the time that any such prepayment would be required, the Borrower is required to repay or repurchase or to offer to repurchase or repay Senior Secured Debt permitted pursuant to Section 6.1 pursuant to the terms of the documentation governing such Indebtedness with all or a portion of such Excess Cash Flow (such Senior Secured Debt required to be repaid or repurchased or to be offered to be so repaid or repurchased, “Other Applicable ECF Indebtedness”), then the Borrower may apply such Excess Cash Flow on a pro rata basis to the prepayment of the Loans and to the repayment or re-purchase of Other Applicable ECF Indebtedness, and the amount of prepayment of the Loans that would have otherwise been required pursuant to this Section 2.10(e) shall be reduced accordingly (for purposes of this proviso pro rata basis shall be determined on the basis of the aggregate outstanding principal amount of the Loans and Other Applicable ECF Indebtedness at such time, with it being agreed that the portion of Excess Cash Flow allocated to the Other Applicable ECF Indebtedness shall not exceed the amount of such Excess Cash Flow required to be allocated to the Other Applicable ECF Indebtedness pursuant to the terms thereof, and the remaining amount, if any, of such net proceeds shall be allocated to the Loans in accordance with the terms hereof); provided further, that to the extent the holders of Other Applicable ECF Indebtedness decline to have such indebtedness repurchased or prepaid, the declined amount shall promptly (and in any event within ten Business Days after the date of such rejection) be applied to prepay the Loans in accordance with the terms hereof.