Common use of Turnover of Subsequently Recovered Assets Clause in Contracts

Turnover of Subsequently Recovered Assets. (i) Subject to the occurrence of the Second Supplemental Effective Date, in the event that any Releasing Party (including any successor or assignee thereof) receives any funds, property, or value on account of any Claims, Causes of Action, or litigation against NMG or the MT Entities (or any direct or indirect parent company of such entities) arising from the MyTheresa Designation or the MyTheresa Distribution (collectively, the “Specified Claims”), such Releasing Party shall promptly turn over and assign any such funds, property, or value (including any Equity Securities in any of the MT Entities or proceeds of such Equity Securities, or any increased recoveries resulting therefrom) to, at the election of the Issuers, NMG or the applicable MT Entity. NMG or the applicable MT Entity shall distribute any such recoveries turned over or assigned to it in accordance with the applicable Definitive Documents. Notwithstanding anything to the contrary in this Indenture (but subject to Section 11.19(e)(ii)), each of the Issuers shall be entitled to enforce this Section 11.19(e)(i) on behalf of NMG or any MT Entity. The Releasing Parties will be bound by this Section 11.19(e) notwithstanding the nature of any Claim, Cause of Action, or litigation relating to the Recapitalization Transactions or any judgment or order entered on any such Claim, Cause of Action or litigation.

Turnover of Subsequently Recovered Assets. (ia) Subject to the occurrence of the Second Supplemental Effective Date, in the event that any Releasing Party (including any successor or assignee thereof) receives any funds, property, or value on account of any Claims, Causes of Action, or litigation against NMG or the MT Entities (or any direct or indirect parent company of such entities) arising from the MyTheresa Designation or the MyTheresa Distribution (collectively, the “Specified Claims”), such Releasing Party shall promptly turn over and assign any such funds, property, or value (including any Equity Securities Interests in any of the MT Entities or proceeds of such Equity SecuritiesInterests, or any increased recoveries resulting therefrom) to, at the election of the IssuersNMG, NMG or the applicable MT MyTheresa Entity. NMG or the applicable MT MyTheresa Entity shall distribute any such recoveries turned over or assigned to it in accordance with the applicable Definitive Documents“Distributions upon Realization of Value” provision of Exhibit 4 to the Recapitalization Term Sheet, to the extent applicable. Notwithstanding anything to the contrary in this Indenture Agreement (but subject to Section 11.19(e)(ii)9.06(b) of this Agreement), each of the Issuers NMG shall be entitled to enforce this Section 11.19(e)(i9.06(a) on behalf of NMG itself or any MT MyTheresa Entity. The Releasing Parties will be bound by this Section 11.19(e) 9.06 notwithstanding the nature of any Claim, Cause of Action, or litigation relating to the Recapitalization Transactions or any judgment or order entered on any such Claim, Cause of Action or litigation.