D&O Tail definition
Examples of D&O Tail in a sentence
Buyer shall not, and shall cause the Group Companies not to, take any action that would result in the cancellation or termination of, or adversely amend or otherwise modify, the D&O Tail.
Prior to or as of the Closing, the Company will cause coverage to be extended under the director and officer insurance policy (or policies) maintained by the Company as of the date of this Agreement with respect to any actions or omissions by any current or former officers or directors of the Company (the “D&O Indemnified Parties”) occurring prior to the Closing, by obtaining a D&O Tail Policy (as defined below).
If the aggregate premium of such insurance policies exceed the Maximum Amount then the Company may, and the Surviving Corporation will, purchase a D&O Tail Policy with the greatest amount of coverage as is available at a cost up to, but not exceeding, such Maximum Amount.
The cost of the D&O Tail shall be a Transaction Expense if unpaid as of the Closing.