Common use of Case Allocation Clause in Contracts

Case Allocation. (a) As of the Distribution Date, Spinco shall, and, as applicable, shall cause the other members of the Spinco Group to (i) diligently conduct, at its sole cost and expense, the defense of the Spinco Actions, including the Spinco Actions listed on Schedule 5.01(a) and any applicable future Spinco Actions; (ii) notify L-3 of material litigation developments related to the Spinco Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against L-3 in relation to the Spinco Actions.

Appears in 3 contracts

Samples: Distribution Agreement (Engility Holdings, Inc.), Distribution Agreement (Engility Holdings, Inc.), Distribution Agreement (L 3 Communications Holdings Inc)

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Case Allocation. (a) As of the Distribution Date, Spinco shall, and, as applicable, shall cause the other members of the Spinco Group to to, (i) diligently conduct, at its sole cost and expense, the defense of the Spinco Actions, including the Spinco Actions listed on Schedule 5.01(a) and any applicable future Spinco Actions; (ii) notify L-3 PNX of material litigation developments related to the Spinco Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against L-3 PNX in relation to the Spinco Actions.

Appears in 3 contracts

Samples: Separation Agreement (Virtus Investment Partners, Inc.), Separation Agreement (Virtus Investment Partners, Inc.), Separation Agreement (Phoenix Companies Inc/De)

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Case Allocation. (a) As of the Distribution Date, Spinco shall, and, as applicable, shall cause the other members of the Spinco Group to to, (i) diligently conduct, at its sole cost and expense, the defense of the Spinco Actions, including but not limited to the Spinco Actions listed on Schedule 5.01(a5.1(a) and any applicable future Spinco Actions; (ii) notify L-3 Parent of material litigation developments related to the Spinco Actions; and (iii) agree not to file any cross claim or institute separate legal proceedings against L-3 Parent in relation to the Spinco Actions.

Appears in 2 contracts

Samples: Separation Agreement (Michigan Commerce Bancorp LTD), Separation Agreement (Michigan Commerce Bancorp LTD)

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