Recovered Amounts. Any monetary damages, court-ordered third party costs, settlements, royalties or other recovery received from any Third Party resulting from, arising out of or relating to any Competing Product Enforcement Action or Enforcement Action for Competing Infringing Activities shall be distributed to the Parties on a pro rata basis based upon the IP Costs paid by each Party in connection with such Enforcement Action.
Recovered Amounts. Any monetary damages, court-ordered Third Party costs, settlements, royalties or other recovery received from any Third Party resulting from, arising out of or relating to any Enforcement Action, after reimbursement of the Enforcing Party’s expenses, shall be treated as Gross Profits and paid or retained by the applicable Party as appropriate to implement the split of the Gross Profits set forth in Section 4.4.
Recovered Amounts. Any monetary damages, court-ordered Third Party costs, settlements, royalties or other recovery received from any Third Party resulting from, arising out of or relating to any Enforcement Action, after reimbursement of each Party’s costs and expenses with respect to such Enforcement Action (which reimbursement will be on a pro rata basis to the extent such costs and expenses exceed such recovered amount), and shall thereafter be (a) with respect to any Enforcement Action brought by Alvogen under Section 6.5(b), treated as Net Sales and shared with NRx as royalties pursuant to Section 4.5, and (b) with respect to any Enforcement Action brought by NRx pursuant to its step-in rights under Section 6.5(c), shared equally (50:50) by Xxxxxxx and NRx.
Recovered Amounts. Loss shall be reduced by any Recovered Amounts. For the avoidance of doubt, to the extent any Recovered Amount is received or realized after payment by the Insurer hereunder, such Recovered Amount shall be applied in the following order: first, to reimburse the Insureds for any Loss borne by them in excess of the Limit of Liability; second, to reduce any Loss incurred by the Insureds which is covered by this Policy; and third, to reimburse the Insureds in respect of any Retained Loss.
Recovered Amounts. In the event that any payments which are deemed to have been made to a Reference Obligation Holder of the Reference Obligation applicable to any Transaction evidenced hereby during the Term of such Transaction are required to be repaid or returned to the Reference Obligor or any other person (including, without limitation, any bankruptcy trustee for the Reference Obligor pursuant to applicable law), to the extent such payments have been factored into the balance of the Collection Account or have been otherwise paid to Party B pursuant to the terms hereof, Party B shall pay to Party A an amount equal to the payments so required to be repaid or returned by such Reference Obligation Holder within three Business Days after written certification has been received by Party B setting forth in reasonable detail the legal basis for such payment. Conversely, in the event that any Distribution Payment scheduled to be made with respect to any Reference Obligation underlying a Transaction during the Term hereof is not so paid by reason of a delay, default or otherwise by the Reference Obligor, and such payment is subsequently made to Reference Obligation Holders, who would have been entitled to receive such payment on the original scheduled payment date therefor, Party A shall pay to Party B an amount equal to such payment on or before the third (3rd) Business Day following the date on which such payment is made to holders of record of the relevant Reference Obligation. The obligations of Party A and Party B under this provision shall survive any termination of the relevant Transaction or the ISDA Master Agreement.
Recovered Amounts. If after the Seller has made a payment to the Purchaser pursuant to a Claim under the Seller’s Warranties, the Purchaser receives a payment or benefit in relation to the fact, matter or circumstances to which the Claim relates, the Purchaser must repay to the Seller the amount received from the Seller or if less, the payment or benefit received by the Purchaser. Any such amounts repaid to the Seller pursuant to this clause will be deemed to increase the Purchase Price payable by the Purchaser under this Deed.
Recovered Amounts. If the Buyer:
Recovered Amounts. (A) In the event that: (i) any payments which are deemed to have been made to a Reference Obligation Holder of a Reference Obligation, or (ii) if Party A Hedging applies, any payments which are made to a Party A Entity; in each case prior to the Final Deletion Date applicable to such Reference Obligation or pursuant to Section 9(B), (C), (D), (E) or (F) below, and such payments are subsequently required to be repaid or returned to the Reference Obligor or any other person (including, without limitation, any bankruptcy trustee for the Reference Obligor pursuant to applicable law), to the extent such payments have been factored into the Account Balance of any Collection Account or have been otherwise paid to Party B pursuant to the terms hereof, including Section 9(B), (C), (D), (E) and (F) below, Party B shall pay to Party A an amount equal to the payments so required to be repaid or returned by such Reference Obligation Holder or Party A Entity, as applicable, within three Business Days after written certification has been received by Party B setting forth in reasonable detail the legal reasons which require such payment.
Recovered Amounts. (a) If any Recovered Amounts are actually recovered or realized by the Insureds after the Insurer has made a payment under a Policy Claim and before the later of (x) the one-year anniversary of the relevant Expiration Date and (y) the final resolution of all Claims or disputes relating to this Policy, the Insured shall notify the Insurer in writing within 20 Business Days of such recovery and reimburse any amounts paid by the Insurer in accordance with the procedure outlined in Clause 7.5 of this Policy.
Recovered Amounts. Any monetary damages, court-ordered Third Party costs, settlements, royalties or other recovery received from any Third Party resulting from, arising out of or relating to any Enforcement Action, after reimbursement of the Enforcing Party’s expenses, shall be treated as Gross Profits and paid or retained by the applicable Party as appropriate to implement the split of the Gross Profits set forth in Section 4.1. [***]Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed.
