Loss Contracts Clause Samples

Loss Contracts. There shall be no changes made to the provisions for loss contracts from those used in the preparation of the Baseline Balance Sheet, except to the extent that such changes are required by changes in facts and events occurring after July 3, 1999 and on or before the Closing Date.

Loss Contracts. Section 2.14(b) of the Company Disclosure Letter -------------- identifies all contracts (whether fixed price or time and materials with a price cap or other contract having similar effect) under which the Company provides products or services to a third party and as to which the cost of performance has exceeded or is likely to exceed the contract price and also sets forth, with respect to each such contract, the amount by which such cost of performance exceeds such contract price. Except as set forth in Section 2.14(b) of the Company Disclosure Letter, all contracts under which the Company provides services to a third party are capable of being performed at a cost equal to or less than the contract price.

Loss Contracts. In the determination of the Proposed Final Net Tangible Asset Amount and the Final Net Tangible Asset Amount, there shall be no changes made to the provisions for loss contracts from those used in the preparation of the December Statement, except to the extent that such changes are required by changes in facts and events occurring after December 31, 1996 and before the Effective Date. Due Diligence Costs; Organization of Newco. There shall be no amount accrued or reserved for in connection with the determination of the Proposed Final Net Tangible Asset Amount and the Final Net Tangible Asset Amount for any obligations or liabilities incurred in connection with Newco's, Lockheed ▇▇▇▇▇▇'▇ or the Purchaser's due diligence efforts in connection with the Contemplated Transactions, including without limitation any fees and expenses of the counsel, independent accountants or other agents, advisors or consultants of Newco, Lockheed ▇▇▇▇▇▇ or any of the Purchasers, and there shall not be considered in the determination of the Proposed Final Net Tangible Asset Amount and the Final Net Tangible Asset Amount any fees, expenses, reserves (or valuation accounts) or liabilities associated with the incorporation, organization, formation, capitalization or financing of Newco or with any restructuring of the Business or any of the Business Units contemplated or implemented by Newco.

Loss Contracts. The DSI Disclosure Schedule identifies all contracts (whether fixed price or time and materials with a price cap or other contract having similar effect) under which DSI or the DSI Subsidiaries provides products or services to a third party and as to which the cost of performance has exceeded or is likely to exceed the contract price and also sets forth, with respect to each such contract, the amount by which such cost of performance exceeds such contract price. Except as set forth in the DSI Disclosure Schedule, all contracts under which DSI or the DSI Subsidiaries provides services to a third party are capable of being performed at a cost equal to or less than the contract price.

Loss Contracts. Except as set forth in SCHEDULE 4.26, no Company is a party to any Contract where, to Sellers' Knowledge, the Cost of Completion of such Contract (net of reserves set aside in the Interim Financial Statements for such type of losses) would be reasonably expected to significantly exceed the balance of monies to be paid by a customer or other Person to such Company under such Contract.

Loss Contracts. Except as disclosed on Schedule 3(x), to the Best Knowledge of Seller, the Company is not a party to any Contract pursuant to which it is obliged to furnish the products covered by such Contract, taken as a whole, at an actual gross margin loss.

Loss Contracts. Except as set forth on Schedule 2.30 of the Seller Disclosure Schedules, the Seller is not a party to any Contract where, to the Knowledge of the Seller, the cost of completion of such contract would be reasonably expected to exceed the balance of monies (net of reserves set aside on the June 30, 2003 balance sheet of the Business for such type of losses) to be paid by a customer or other Person to the Seller under such Contract (each a "Loss Contract").

Loss Contracts. 22 4.23. Year 2000..........................................................22 4.24. Windows Operating System Compatibility.............................23 4.25. Full Disclosure....................................................23

Loss Contracts. Section 2.14(b) of the Company Disclosure -------------- Schedule identifies all contracts (whether fixed price or time and materials with a price cap or other contract having similar effect) under which the Company or one of its subsidiaries provides products or services to a third party and as to which the cost of performance has exceeded or is likely to exceed the contract price and also sets forth, with respect to each such contract, the amount by which such cost of performance exceeds such contract price. Except as set forth in Section 2.14(b) of the Company Disclosure Schedule, all contracts under which the Company or one of its subsidiaries provides services to a third party are capable of being performed at a cost equal to or less than the contract price.