Available Insurance Proceeds definition

Available Insurance Proceeds means, with respect to an Insured Litigation Claim, the undistributed proceeds of each insurance policy that provides coverage with respect to such Claim.
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Available Insurance Proceeds shall have the meaning set forth in Section 7.4(a).
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Available Insurance Proceeds means any proceeds of the Insurance Policies that (a) have been made available to WilmerHale, or are available for direct payment to MDCO on behalf of WilmerHale, by the insurers under the Insurance Policies with respect to the payment amount set forth in Section 2.1, Quarterly Claim Amounts, Total Remaining Losses and (subject to the proviso below in this definition) WilmerHale Insurance Recoveries (including the WilmerHale Reimbursement), and (b) have not previously been paid to MDCO, whether by WilmerHale or the insurers under the Insurance Policies, or to WilmerHale as set forth in the next sentence. Any WilmerHale Insurance Recoveries paid to WilmerHale shall reduce the Available Insurance Proceeds; provided that, if (i) Generic Entry occurs prior to the Generic Payment Period Expiration Date, (ii) a balance of Total Remaining Losses remains payable pursuant to Section 2.3 following the Generic Payment Period Expiration Date and (iii) the limit on WilmerHale's payment obligations set forth in Section 2.4 is otherwise reached prior to payment to MDCO of all Total Remaining Losses pursuant to Section 2.3, then the limit on WilmerHale's payment obligations set forth in the first two sentences of Section 2.4 shall be increased by the unvested portion, if any, of the WilmerHale Reimbursement (as described below in the definition of WilmerHale Reimbursement) and by one hundred percent (100%) of any WilmerHale Insurance Recoveries other than the WilmerHale Reimbursement.
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Examples of Available Insurance Proceeds in a sentence

  • Status Hearing Re: Joinder In Motion Of Hisey Plaintiffs And Motion Of The Weiss Plaintiffs For Relief From The Automatic Stay, If Applicable, To The Extent Of Available Insurance Proceeds.

  • Common Facilities; Bids and Determination of Available Insurance Proceeds.

  • Agreed Motion for Relief From Stay to Pursue Available Insurance Proceeds filed by Austin Merius [ECF No. 502], which was granted on September 24, 2019 [ECF No. 503].

  • In the event that the sum of the Available Insurance Proceeds together with an additional sum of Forty Million NIS (NIS 40,000,000) which shall be added as a Concessionaire’s deductible is lower than the Reinstatement Cost, then the State, at its sole discretion, will decide whether: (i) to require the Reinstatement of the Project by the Concessionaire; or (ii) to terminate this Concession Agreement.

  • Grinblatt and Keloharju (2001) and Shapira and Venezia (2001) obtain similar results for Finnish and Israeli investors, respectively.

  • In the event that the State decides to require the Reinstatement of the Project by the Concessionaire, the Concessionaire will implement the Reinstatement Program in accordance with the provisions thereof and the applicable provisions of this Concession Agreement, and the State shall bear that part of the sum of the Reinstatement Cost in excess of any Available Insurance Proceeds and the Concessionaire’s Deductible.

  • Motion To Approve Compromise Under Rule 9019 Authorizing The Debtor To Enter Into Stipulation Lifting Automatic Stay And Limiting Recovery Claim To Available Insurance Proceeds With Anna R.

  • George .Motion To Approve Combined Motion Of Pma Medical Specialists, Llc For (I) Shortened Time And Limited Notice, (Ii) For The Entry Of An Order Pursuant To Federal Rule Of Bankruptcy Procedure 9019 Authorizing The Debtor To Enter Into Stipulation Lifting Automatic Stay And Limiting Recovery Claim To Available Insurance Proceeds With Stephen And Christine Kaestle Filed By Pma Medical Specialists, Llc Represented By Edmond M.

  • The liability of Raytheon to the Hathaways for the Judgment is still in dispute in Massachusetts, and accordingly, no statements made in this brief for purposes ofOn October 7, 2008 – more than two years after entry of the Judgment, and nearly seven years after the Confirmation Order – the Hathaways filed with the Bankruptcy Court their Motion for Order Authorizing Payment of State Court Judgment Solely From Available Insurance Proceeds.


More Definitions of Available Insurance Proceeds

Available Insurance Proceeds means any applicable insurance proceeds to which the Debtor is
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Available Insurance Proceeds means any applicable insurance proceeds to which the Debtor is entitled under its past and present insurance policies.
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Related to Available Insurance Proceeds

  • Insurance Proceeds With respect to each Mortgage Loan, proceeds of insurance policies insuring the Mortgage Loan or the related Mortgaged Property.

  • Loss Proceeds means, collectively, all Insurance Proceeds and all Condemnation Proceeds.

  • Investment Proceeds means, with respect to any Determination Date, all interest and other investment earnings (net of losses and investment expenses) on funds on deposit in the Series 1996-1 Accounts, together with an amount equal to the Series 1996-1 Allocation Percentage of the interest and other investment earnings on funds held in the Collection Account credited as of such date to the Collection Account pursuant to Section 4.02 of the Agreement.

  • Net Insurance/Condemnation Proceeds means an amount equal to: (a) any Cash payments or proceeds (including Cash Equivalents) received by the Borrower or any of its Restricted Subsidiaries (i) under any casualty insurance policy in respect of a covered loss thereunder of any assets of the Borrower or any of its Restricted Subsidiaries (other than, for purposes of Section 2.11(b)(ii), assets acquired after the Closing Date with the proceeds of equity contributions to, or the issuance of Qualified Capital Stock of, the Borrower or its Restricted Subsidiaries (in each case, other than contributions by, or issuances to, the Borrower or a Restricted Subsidiary) or (ii) as a result of the taking of any assets of the Borrower or any of its Restricted Subsidiaries (other than, for purposes of Section 2.11(b)(ii), assets acquired after the Closing Date with the proceeds of equity contributions or the issuance of Qualified Capital Stock of the Borrower or its Restricted Subsidiaries (in each case, other than contributions by, or issuances to, the Borrower or a Restricted Subsidiary)) by any Person pursuant to the power of eminent domain, condemnation or otherwise, or pursuant to a sale of any such assets to a purchaser with such power under threat of such a taking, minus (b) (i) any actual out-of-pocket costs and expenses incurred by the Borrower or any of its Restricted Subsidiaries in connection with the adjustment, settlement or collection of any claims of the Borrower or the relevant Restricted Subsidiary in respect thereof, (ii) payment of the outstanding principal amount of, premium or penalty, if any, and interest and other amounts on any Indebtedness (other than the Loans and any Indebtedness secured by a Lien on the Collateral that is pari passu with or expressly subordinated to the Lien on the Collateral securing any Secured Obligation) that is secured by a Lien on the assets in question and that is required to be repaid or otherwise comes due or would be in default under the terms thereof as a result of such loss, taking or sale, or payment of other amounts due to, or required to be made available to, any Person under any other Contractual Obligation binding such assets or to which such assets are subject (including, without limitation, in the case of Real Estate Assets, any ground lease, lease or other occupancy agreement) (iii) in the case of a taking, the reasonable out-of-pocket costs of putting any affected property in a safe and secure position, (iv) any selling costs and out-of-pocket expenses (including reasonable broker’s fees or commissions, legal fees, accountants’ fees, investment banking fees, survey costs, title insurance premiums, and related search and recording charges, transfer taxes, deed or mortgage recording taxes, other customary expenses and brokerage, consultant and other customary fees actually incurred in connection therewith and the Borrower’s good faith estimate of income Taxes paid or payable (including pursuant to Tax sharing arrangements or any intercompany distribution)) in connection with any sale or taking of such assets as described in clause (a) of this definition, (v) any amounts provided as a reserve in accordance with GAAP against any liabilities under any indemnification obligation or purchase price adjustments associated with any sale or taking of such assets as referred to in clause (a) of this definition (provided that to the extent and at the time any such amounts are released from such reserve, such amounts shall constitute Net Insurance/Condemnation Proceeds) and (vi) in the case of any covered loss or taking from a non-Wholly-Owned Subsidiary, the pro rata portion thereof (calculated without regard to this clause (vi)) attributable to minority interests and not available for distribution to or for the account of the Borrower or a Wholly-Owned Subsidiary as a result thereof.

  • Net Loss Proceeds means the aggregate cash proceeds received by Xxxx Las Vegas or any of the Restricted Subsidiaries in respect of any Event of Loss, including, without limitation, insurance proceeds from condemnation awards or damages awarded by any judgment, net of:

  • Net Liquidation Proceeds With respect to any Liquidated Mortgage Loan or any other disposition of related Mortgaged Property (including REO Property) the related Liquidation Proceeds net of Advances, Servicing Advances, Servicing Fees and any other accrued and unpaid servicing fees received and retained in connection with the liquidation of such Mortgage Loan or Mortgaged Property.

  • Proceeds all “proceeds” as such term is defined in Section 9-102(a)(64) of the New York UCC and, in any event, shall include, without limitation, all dividends or other income from the Investment Property, collections thereon or distributions or payments with respect thereto.