Maximum Losses Sample Clauses

Maximum Losses. Not suffer any net loss plus non-cash expenses (except for depreciation and amortization) as indicated in Borrower’s financial statements prepared in accordance with GAAP in excess of (i) $11,500,000 for the quarter ending December 31, 2005, (ii) $10,500,000 for the quarter ending ▇▇▇▇▇ ▇▇, ▇▇▇▇, (▇▇▇) $8,500,000 for the quarter ending June 30, 2006, (iv) $7,000,000 for the quarter ending September 30, 2006 and (v) $5,000,000 for each quarter ending thereafter.

Maximum Losses. Not suffer any EBITDA loss in excess of $3,000,000.00 on a cumulative basis for all quarterly or monthly periods, as applicable, in calendar year 2009, and beginning in 2010, this covenant shall be calculated based on a rolling twelve-month period.

Maximum Losses. Notwithstanding anything to the contrary in this Agreement, each of Buyer’s and Seller’s aggregate liability under this Agreement for Losses or otherwise (including, without limitation, for any breach of covenant, representation, warranty, indemnity, defense obligation or other obligation under this Agreement) shall not exceed the sum of the Cash Payment; provided, however, there shall be no such limitation on Buyer’s, on the one hand, and Seller’s, on the other hand, aggregate liability under this Agreement for Losses or otherwise (including, without limitation, for any breach of covenant, representation, warranty, indemnity, defense obligation or other obligation under this Agreement) resulting, directly or indirectly, from such party’s fraud or other intentional act; and there shall be no such limitation on Buyer’s, on the one hand, and Seller’s, on the other hand, aggregate liability under this Agreement for Losses or otherwise (including, without limitation, for any breach of covenant, representation, warranty, indemnity, defense obligation or other obligation under this Agreement) resulting, directly or indirectly, from any breach of Section 7.1.

Maximum Losses. Permit Consolidated Net Income to be less than (i) for the three (3) month period ending on March 31, 2014, ($11,000,000), and (ii) for the six (6) month period ending on June 30, 2014, ($16,000,000).

Maximum Losses. Incur a consolidated net loss (calculated exclusive of extraordinary gains but inclusive of extraordinary losses as calculated in accordance with GAAP) for any fiscal quarter or any fiscal year.

Maximum Losses. Borrower shall not show a loss (measured on a consolidated basis in accordance with GAAP) in excess of the following amounts for any of the corresponding quarters: ---------------------------------- ------------------------- QUARTER ENDING MAXIMUM LOSS ---------------------------------- ------------------------- March 31, 2003 ($1,250,000) June 30, 2003 ($750,000) September 30, 2003 ($250,000) ---------------------------------- ------------------------- Borrower shall show a profit of at least One Dollar ($1.00) for the quarter ending December 31, 2003 and for each quarter thereafter.

Maximum Losses. As of the last day of each applicable fiscal quarter, on a consolidated basis, Borrower shall not suffer any loss in excess of: (i) $17,500,000 for the fiscal quarter ended March 31, 2008; (ii) $7,500,000 for the fiscal quarter ended June 30, 2008; and (iii) $2,500,000 for the fiscal quarter ended September 30, 2008.

Maximum Losses. Not suffer any EBITDA loss in excess of $3,000,000.00 on a cumulative basis for all quarterly or monthly periods, as applicable, in calendar year 2009, and beginning in 2010, this covenant shall be calculated based on a rolling twelve-month period.” 2.3 Section 10 (Notices). Borrower’s address in Section 10 is amended as follows: “OTIX Global, Inc. ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ Attn: VP and CFO Fax: ▇▇▇.▇▇▇.▇▇▇▇” 2.4 Section 13 (Definitions). The following term and its definition set forth in Section 13.1 are amended by deleting the existing definition and replacing it with the following:

Maximum Losses. No claim for indemnification of losses or other amounts (whether in an action for indemnification or otherwise) may be made by an indemnified party under Section 8(a)(i) or Section 8(b)(i) above, as the case may be, to the extent the aggregate losses and other amounts claimed thereunder (including any losses or other amounts previously recovered thereunder) against the indemnifying party exceed $125,000 (the “Cap”); provided, however, that any claims against Parent or Seller arising from or relating to a breach of Section 5(e)(i) (Title to Assets) or Section 5(n) (Brokers), or against Purchaser arising from or relating to a breach of Section 6(e) (Brokers), or arising from or relating to the other provisions of Section 8(a) or Section 8(b), as the case may be, shall not be subject to or credited against the foregoing Cap and shall be fully recoverable to the maximum extent permitted by law or in equity.