Post-Distribution Services. The Parties recognize that legal and other professional services will be provided following the Effective Time that will be rendered solely for the benefit of FTAI Infrastructure and its Affiliates or FTAI and its Affiliates, as the case may be. With respect to such post-Distribution services, the Parties agree as follows: (i) FTAI shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the FTAI Assets or the FTAI Liabilities, whether or not the privileged information is in the possession of or under the control of FTAI or FTAI Infrastructure. FTAI shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting FTAI Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated by or against any member of the FTAI Group, whether or not the privileged information is in the possession of or under the control of FTAI or FTAI Infrastructure; and (ii) FTAI Infrastructure shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the FTAI Infrastructure Assets or the Specified Entities (with respect to such information regarding the Specified Entities that has been made available to any member of the FTAI Group) or FTAI Infrastructure Liabilities, whether or not the privileged information is in the possession of or under the control of FTAI or FTAI Infrastructure. FTAI Infrastructure shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting FTAI Infrastructure Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated by or against any member of the FTAI Infrastructure Group, whether or not the privileged information is in the possession of or under the control of FTAI or FTAI Infrastructure.
Appears in 3 contracts
Sources: Separation and Distribution Agreement (FTAI Infrastructure Inc.), Separation and Distribution Agreement (Fortress Transportation & Infrastructure Investors LLC), Separation and Distribution Agreement (FTAI Infrastructure LLC)
Post-Distribution Services. The Parties recognize that legal and other professional services will be provided following the Effective Time that will be rendered solely for the benefit of FTAI Infrastructure Ashford Inc. and its Affiliates or FTAI Ashford Trust and its Affiliates, as the case may be. With respect to such post-Distribution services, the Parties agree as follows:
(i) FTAI Ashford Trust shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the FTAI Assets or the FTAI LiabilitiesAshford Trust Assets, whether or not the privileged information is in the possession of or under the control of FTAI Ashford Trust or FTAI Infrastructure. FTAI Ashford Inc. Ashford Trust shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting FTAI Ashford Trust Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated by or against any member of the FTAI Ashford Trust Group, whether or not the privileged information is in the possession of or under the control of FTAI Ashford Trust or FTAI InfrastructureAshford Inc.; and
(ii) FTAI Infrastructure Ashford Inc. shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the FTAI Infrastructure Assets or the Specified Entities (with respect to such information regarding the Specified Entities that has been made available to any member of the FTAI Group) or FTAI Infrastructure LiabilitiesAshford Inc. Assets, whether or not the privileged information is in the possession of or under the control of FTAI Ashford Trust or FTAI Infrastructure. FTAI Infrastructure Ashford Inc. Ashford Inc. shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting FTAI Infrastructure Ashford Inc. Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated by or against any member of the FTAI Infrastructure Ashford Inc. Group, whether or not the privileged information is in the possession of or under the control of FTAI Ashford Trust or FTAI Infrastructure.Ashford Inc.
Appears in 3 contracts
Sources: Separation and Distribution Agreement (Ashford Hospitality Trust Inc), Separation and Distribution Agreement (Ashford Inc), Separation and Distribution Agreement (Ashford Inc)
Post-Distribution Services. The Parties recognize that legal and other professional services will be provided following the Effective Time that will be rendered solely for the benefit of FTAI Infrastructure Ashford Prime and its Affiliates or FTAI Ashford Trust and its Affiliates, as the case may be. With respect to such post-Distribution services, the Parties agree as follows:
(i) FTAI Ashford Trust shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the FTAI Assets or the FTAI LiabilitiesAshford Trust Assets, whether or not the privileged information is in the possession of or under the control of FTAI Ashford Trust or FTAI InfrastructureAshford Prime. FTAI Ashford Trust shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting FTAI Ashford Trust Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated by or against any member of the FTAI Ashford Trust Group, whether or not the privileged information is in the possession of or under the control of FTAI Ashford Trust or FTAI InfrastructureAshford Prime; and
(ii) FTAI Infrastructure Ashford Prime shall be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the FTAI Infrastructure Assets or the Specified Entities (with respect to such information regarding the Specified Entities that has been made available to any member of the FTAI Group) or FTAI Infrastructure LiabilitiesAshford Prime Assets, whether or not the privileged information is in the possession of or under the control of FTAI Ashford Trust or FTAI InfrastructureAshford Prime. FTAI Infrastructure Ashford Prime shall also be entitled, in perpetuity, to control the assertion or waiver of all privileges in connection with privileged information that relates solely to the subject matter of any claims constituting FTAI Infrastructure Ashford Prime Liabilities, now pending or which may be asserted in the future, in any lawsuits or other proceedings initiated by or against any member of the FTAI Infrastructure Ashford Prime Group, whether or not the privileged information is in the possession of or under the control of FTAI Ashford Trust or FTAI InfrastructureAshford Prime.
Appears in 2 contracts
Sources: Separation and Distribution Agreement (Ashford Hospitality Trust Inc), Separation and Distribution Agreement (Ashford Hospitality Prime, Inc.)