Examples of D&O Carriers in a sentence
For the avoidance of doubt, the Settling Defendants shall have no obligation to deposit any portion of the Escrow Amount into the Escrow Account but shall have an obligation to take all reasonably available steps to seek to cause the D&O Carriers to deposit the Escrow Amount into the Escrow Account.
In consideration of the full settlement, satisfaction, compromise and release of the Released Plaintiffs’ Claims, an aggregate $115 million in cash (the “Escrow Amount”) shall be paid on behalf of the Settling Defendants to Freeport by the D&O Carriers.
The Settling Defendants shall cause the Escrow Amount to be deposited by the D&O Carriers into an interest-bearing escrow account controlled by an agreed upon representative of Plaintiffs and of the Settling Defendants (the “Escrow Account”) within fifteen (15) business days after the Stipulation is submitted to the Court.
Each of the D&O Carriers, the D&Os, and Oaktree, a 1.5 Lien Noteholder, are continuing to review and evaluate the terms of the settlement embodied in the Plan and expressly reserve all rights with regard thereto.
The Mediated Settlement also includes releases of the Consenting 1.75L Lenders, Consenting 2L Lenders, and the D&O Carriers in consideration for their significant contributions of value.
Rosen, Will D&O Carriers Step Up to the Plate on Stock Options?, N.Y. L.J., Sept.
Finally, the Debtors and the D&O Carriers agreed to settle the insured Settled Claims and Causes of Action for $15.35 million, $13.35 million of which was contributed by the D&O Carriers and $2 million of which was contributed by the Debtors, all of which will fund unsecured creditor recoveries.
Finally, the D&O Carriers contributed significant value to fund recoveries under the Plan.
The parties to mediation included: (a) the Debtors; (b) each of the 1.5 Lien Noteholders; (c) the Holders of a super-majority of the1.75 Lien Term Facility Claims; (d) the Holders of a super-majority of Second Lien Term Loan Facility Claims; (e) the Committee; (f) counsel representing certain Insureds under the D&O Policies; and(g) certain of the D&O Carriers.
In particular, the Plan provides for releases by the Debtors and related parties of any and all Causes of Action, including any derivative claims, that the Debtors could assert against Holders, Administrative Agents, and Indenture Trustees of the Debtors’ prepetition funded debt and postpetition DIP financing, the Debtors’ current and former directors and officers and D&O Carriers, and related parties.