Common use of Post-Distribution Date Claims Clause in Contracts

Post-Distribution Date Claims. If, subsequent to the Distribution Date, any person, corporation, firm or entity shall assert a claim against Healthcare with respect to any injury, loss, liability, damage or expense incurred or claimed to have been incurred on or prior to the Distribution Date in or in connection with the Distribution or the conduct of the Healthcare Business or, to the extent any claim is made against Healthcare or any of its Subsidiaries, the LTC Retained Business, and which injury, loss, liability, damage or expense may arise out of insured or insurable occurrences or events under one or more of the Shared Policies, LTC shall at the time such claim is asserted be deemed to assign, without need of further documentation, to Healthcare any and all rights of an insured party under the applicable Shared Policy with respect to such asserted claim, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer; provided, however, that nothing in this Section 8.02 shall be deemed to constitute (or to reflect) the assignment of the Shared Policies, or any of them, to Healthcare.

Appears in 6 contracts

Samples: Distribution Agreement (LTC Healthcare Inc), Distribution Agreement (LTC Properties Inc), Form of Distribution Agreement (LTC Healthcare Inc)

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Post-Distribution Date Claims. If, subsequent to the Distribution Date, any person, corporation, firm or entity Person shall assert a claim against Healthcare NUVOLA or any NUVOLA Subsidiary with respect to any injury, loss, liability, damage or expense incurred or claimed to have been incurred on or prior to the Distribution Date in or in connection with the Distribution or the conduct of the Healthcare NUVOLA Business or, to the extent any claim is made against Healthcare NUVOLA or any of its Subsidiaries, the LTC Retained BOLC Business, and which injury, loss, liability, damage or expense may arise out of insured or insurable occurrences or events under one or more of the Shared Policies, LTC BOLC shall at the time such claim is asserted (except to the extent inconsistent with Section 8.1) be deemed to assign, without need of further documentation, to Healthcare NUVOLA any and all rights of an insured party under the applicable Shared Policy with respect to such asserted claim, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer; , provided, however, that nothing in this Section 8.02 8.2 shall be deemed to constitute (or to reflect) the assignment of the Shared Policies, or any of them, to HealthcareNUVOLA.

Appears in 4 contracts

Samples: Separation and Distribution Agreement (Nuvola, Inc.), Separation and Distribution Agreement (Nuvola, Inc.), Separation and Distribution Agreement (Nuvola, Inc.)

Post-Distribution Date Claims. If, subsequent to the Distribution Date, any person, corporation, firm or entity shall assert a claim against Healthcare Evercel with respect to any injury, loss, liability, damage or expense incurred or claimed to have been incurred on or prior to the Distribution Date in or in connection with the Distribution or the conduct of the Healthcare Evercel Business or, to the extent any claim is made against Healthcare Evercel or any of its Subsidiaries, the LTC ERC Retained Business, and which injury, loss, liability, damage or expense may arise out of insured or insurable occurrences or events under one or more of the Shared Policies, LTC ERC shall at the time such claim is asserted be deemed to assign, without need of further documentation, to Healthcare Evercel any and all rights of an insured party under the applicable Shared Policy with respect to such asserted claim, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer; provided, however, that nothing in this Section 8.02 shall be deemed to constitute (or to reflect) the assignment of the Shared Policies, or any of them, to HealthcareEvercel.

Appears in 4 contracts

Samples: Distribution Agreement (Evercel Inc), Distribution Agreement (Evercel Inc), Distribution Agreement (Energy Research Corp /Ny/)

Post-Distribution Date Claims. If, subsequent to the Distribution Date, any person, corporation, firm or entity shall assert a claim against Healthcare Legacy with respect to any injury, loss, liability, damage or expense incurred or claimed to have been incurred on or prior to the Distribution Date in or in connection with the Distribution or the conduct of the Healthcare Legacy Business or, to the extent any claim is made against Healthcare Legacy or any of its Subsidiaries, the LTC Retained BusinessBusinesses, and which injury, loss, liability, damage or expense may arise out of insured or insurable occurrences or events under one or more of the Shared Policies, LTC Excel and/or EDV, as appropriate, shall at the time such claim is asserted be deemed to assign, without need of further documentation, to Healthcare Legacy any and all rights of an insured party under the applicable Shared Policy with respect to such asserted claim, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer; providedPROVIDED, howeverHOWEVER, that nothing in this Section 8.02 shall be deemed to constitute (or to reflect) the assignment of the Shared Policies, or any of them, to HealthcareLegacy.

Appears in 2 contracts

Samples: Distribution Agreement (Excel Legacy Corp), Distribution Agreement (Excel Legacy Corp)

Post-Distribution Date Claims. If, subsequent to the Distribution Date, any person, corporation, firm or entity shall assert a claim against Healthcare New Xxxxxx or any New Xxxxxx Subsidiary with respect to any injury, loss, liability, damage or expense incurred or claimed to have been incurred on or prior to the Distribution Date in or in connection with the Distribution or the conduct of the Healthcare Business New Xxxxxx Businesses or, to the extent any claim is made against Healthcare New Xxxxxx or any of its Subsidiariessubsidiaries, the LTC Retained Safety Business, or any of them, and which injury, loss, liability, damage or expense may arise out of insured or insurable occurrences or events under one or more of the Shared Company Policies, LTC the Company shall at the time such claim is asserted be deemed to assign, without need of further documentation, to Healthcare New Xxxxxx any and all rights of an insured party under the applicable Shared Company Policy with respect to such asserted claim, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer; provided, however, that nothing in this Section 8.02 sentence shall be deemed to constitute (or to reflect) the assignment of the Shared Company Policies, or any of them, to HealthcareNew Xxxxxx.

Appears in 2 contracts

Samples: Distribution Agreement (New Morton International Inc), Distribution Agreement (Autoliv Inc)

Post-Distribution Date Claims. If, subsequent to the Distribution Date, any person, corporation, firm or entity Person shall assert a claim against Healthcare RP or any RP Subsidiary with respect to any injury, loss, liability, damage or expense incurred or claimed to have been incurred on or prior to the Distribution Date in or in connection with the Distribution or the conduct of the Healthcare RP Business or, to the extent any claim is made against Healthcare RP or any of its Subsidiaries, the LTC Retained DHPI Business, and which injury, loss, liability, damage or expense may arise out of insured or insurable occurrences or events under one or more of the Shared Policies, LTC DHPI shall at the time such claim is asserted (except to the extent inconsistent with Section 8.1) be deemed to assign, without need of further documentation, to Healthcare RP any and all rights of an insured party under the applicable Shared Policy with respect to such asserted claim, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer; , provided, however, that nothing in this Section 8.02 8.2 shall be deemed to constitute (or to reflect) the assignment of the Shared Policies, or any of them, to HealthcareRP.

Appears in 2 contracts

Samples: Separation and Distribution Agreement (Desert Health Products Inc), Separation and Distribution Agreement (Royal Phoenix)

Post-Distribution Date Claims. If, subsequent to the Distribution Date, any person, corporation, firm or entity Person shall assert a claim against Healthcare Leap or any Leap Subsidiary with respect to any injury, loss, liability, damage or expense incurred or claimed to have been incurred on or prior to the Distribution Date in or in connection with the Distribution or the conduct of the Healthcare Leap Business or, to the extent any claim is made against Healthcare Leap or any of its Subsidiaries, the LTC Retained QUALCOMM Business, and which injury, loss, liability, damage or expense may arise out of insured or insurable occurrences or events under one or more of the Shared Policies, LTC QUALCOMM shall at the time such claim is asserted (except to the extent inconsistent with Section 8.1) be deemed to assign, without need of further documentation, to Healthcare Leap any and all rights of an insured party under the applicable Shared Policy with respect to such asserted claim, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer; , provided, however, that nothing in this Section 8.02 8.2 shall be deemed to constitute (or to reflect) the assignment of the Shared Policies, or any of them, to HealthcareLeap.

Appears in 1 contract

Samples: Separation and Distribution Agreement (Leap Wireless International Inc)

Post-Distribution Date Claims. If, subsequent to the Distribution Date, any person, corporation, firm or entity Person shall assert a claim against Healthcare DAC or any DAC Subsidiary with respect to any injury, loss, liability, damage or expense incurred or claimed to have been incurred on or prior to the Distribution Date in or in connection with the Distribution or the conduct of the Healthcare DAC Business or, to the extent any claim is made against Healthcare DAC or any of its Subsidiaries, the LTC Retained Rubicon Business, and which injury, loss, liability, damage or expense may arise out of insured or insurable occurrences or events under one or more of the Shared Policies, LTC Rubicon shall at the time such claim is asserted (except to the extent inconsistent with Section 8.1) be deemed to assign, without need of further documentation, to Healthcare DAC any and all rights of an insured party under the applicable Shared Policy with respect to such asserted claim, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer; , provided, however, that nothing in this Section 8.02 8.2 shall be deemed to constitute (or to reflect) the assignment of the Shared Policies, or any of them, to HealthcareDAC.

Appears in 1 contract

Samples: Separation and Distribution Agreement (Rubicon Financial Inc)

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Post-Distribution Date Claims. If, subsequent to the Distribution Date, any person, corporation, firm or entity Person shall assert a claim against Healthcare SQRI or any SQRI Subsidiary with respect to any injury, loss, liability, damage or expense incurred or claimed to have been incurred on or prior to the Distribution Date in or in connection with the Distribution or the conduct of the Healthcare SQRI Business or, to the extent any claim is made against Healthcare SQRI or any of its Subsidiaries, the LTC Retained STEI Business, and which injury, loss, liability, damage or expense may arise out of insured or insurable occurrences or events under one or more of the Shared Policies, LTC STEI shall at the time such claim is asserted (except to the extent inconsistent with Section 8.1) be deemed to assign, without need of further documentation, to Healthcare SQRI any and all rights of an insured party under the applicable Shared Policy with respect to such asserted claim, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer; , provided, however, that nothing in this Section 8.02 8.2 shall be deemed to constitute (or to reflect) the assignment of the Shared Policies, or any of them, to HealthcareSQRI.

Appears in 1 contract

Samples: Separation and Distribution Agreement (Online Internet Network, Inc.)

Post-Distribution Date Claims. If, subsequent to the Distribution Date, any person, corporation, firm or entity shall assert a claim against Healthcare Legacy with respect to any injury, loss, liability, damage or expense incurred or claimed to have been incurred on or prior to the Distribution Date in or in connection with the Distribution or the conduct of the Healthcare Legacy Business or, to the extent any claim is made against Healthcare Legacy or any of its Subsidiaries, the LTC Retained BusinessBusinesses, and which injury, loss, liability, damage or expense may arise out of insured or insurable occurrences or events under one or more of the Shared Policies, LTC Excel and/or EDV, as appropriate, shall at the time such claim is asserted be deemed to assign, without need of further documentation, to Healthcare Legacy any and all rights of an insured party under the applicable Shared Policy with respect to such asserted claim, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer; provided, however, that nothing in this Section 8.02 shall be deemed to constitute (or to reflect) the assignment of the Shared Policies, or any of them, to HealthcareLegacy.

Appears in 1 contract

Samples: Distribution Agreement (Excel Realty Trust Inc)

Post-Distribution Date Claims. If, subsequent to the Distribution Date, any person, corporation, firm or entity shall assert a claim against Healthcare PriceSmart or any PriceSmart Subsidiary with respect to any injury, loss, liability, damage or expense incurred or claimed to have been incurred on or prior to the Distribution Date in or in connection with the Distribution or the conduct of the Healthcare PriceSmart Business or, to the extent any claim is made against Healthcare PriceSmart or any of its Subsidiaries, the LTC Retained Business, and which injury, loss, liability, damage or expense may arise out of insured or insurable occurrences or events under one or more of the Shared Policies, LTC PEI shall at the time such claim is asserted be deemed to assign, without need of further documentation, to Healthcare PriceSmart any and all rights of an insured party under the applicable Shared Policy with respect to such asserted claim, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer; providedPROVIDED, howeverHOWEVER, that nothing in this Section 8.02 shall be deemed to constitute (or to reflect) the assignment of the Shared Policies, or any of them, to HealthcarePriceSmart.

Appears in 1 contract

Samples: Distribution Agreement (Price Enterprises Inc)

Post-Distribution Date Claims. (a) If, subsequent to the Distribution Date, any person, corporation, firm or entity shall assert a claim against Healthcare Optimum or any of its Subsidiaries with respect to any injury, loss, liability, damage or expense incurred or claimed to have been incurred on or prior to the Distribution Date in in, or in connection with the Distribution or with, the conduct of the Healthcare Optimum Business or, to the extent any claim is made against Healthcare Optimum or any of its Subsidiaries, the LTC Retained Optimum Business, and which injury, loss, liability, damage or expense may arise out of insured or insurable occurrences or events under one or more of the Shared Policies, LTC CWC shall at the time such claim is asserted be deemed to assign, without need of further documentation, to Healthcare Optimum any and all rights of an insured party under the applicable Shared Policy with respect to such asserted claim, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer; provided, however, that nothing in this Section 8.02 sentence shall be deemed to constitute (or to reflect) the assignment of the Shared Policies, or any of them, to HealthcareOptimum.

Appears in 1 contract

Samples: Distribution Agreement (Optimum Health Services Inc)

Post-Distribution Date Claims. If, subsequent to the Distribution Date, any person, corporation, firm or entity shall assert a claim against Healthcare SpinCo or any SpinCo Subsidiary with respect to any injury, loss, liability, damage or expense incurred or claimed to have been incurred on or prior to the Distribution Date in or in connection with the Distribution or the conduct of the Healthcare SpinCo Business or, to the extent any claim is made against Healthcare SpinCo or any of its Subsidiaries, the LTC Retained Business, and which injury, loss, liability, damage or expense may arise out of insured or insurable occurrences or events under one or more of the Shared Policies, LTC PEI shall at the time such claim is asserted be deemed to assign, without need of further documentation, to Healthcare SpinCo any and all rights of an insured party under the applicable Shared Policy with respect to such asserted claim, specifically including rights of indemnity and the right to be defended by or at the expense of the insurer; providedPROVIDED, howeverHOWEVER, that nothing in this Section 8.02 shall be deemed to constitute (or to reflect) the assignment of the Shared Policies, or any of them, to HealthcareSpinCo.

Appears in 1 contract

Samples: Distribution Agreement (Pricesmart Inc)

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