Examples of Excess Reimbursement in a sentence
After any Participant has paid its respective Percentage times the Protective Advance to BNPPLC, BNPPLC must pay to such Participant an amount equal to its Adjusted Percentage (as defined below) times any subsequent Excess Reimbursement (as defined below) or interest thereon actually received by BNPPLC for such Protective Advance.
After each Participant has paid its Commitment Percentage (as then in effect) of any Covered Liabilities, each Participant shall be entitled to payment from the Lessor of an amount equal to the Adjusted Percentage (as defined below) of any payments subsequently received by the Lessor as Excess Reimbursement (as defined below) for such Covered Liabilities.
After each Participant has paid its Percentage of any Covered Liabilities, each Participant shall be entitled to payment from the Lessor of an amount equal to the Adjusted Percentage (as defined below) of any payments subsequently received by the Lessor as Excess Reimbursement (as defined below) for such Covered Liabilities.
No Participant’s rights to receive payments equal to such Participant’s Adjusted Percentage of any Excess Reimbursement of a Protective Advance or interest thereon as provided in subparagraph 3(C) will be impaired or affected by any termination contemplated in this subparagraph 6(D); accordingly, BNPPLC will not, as a condition to such a termination, be required to reimburse a Participant for any payments the Participant has made in connection with Protective Advances pursuant to subparagraph 3(C).
However, any favorable settlements in excess of estimated Medicare cost report receivables or less than estimated Medicare cost report liabilities as disclosed on the audit of the Closing Date Balance Sheet shall be offset against the Excess Reimbursement Liabilities.
If such offset should exceed the Excess Reimbursement Liabilities, eighty (80%) percent of the excess will be returned to Sellers upon final audit and settlement of all Medicare and Medicaid cost reports for all periods through the Closing Date.
The balance of the Escrow Deposit shall continue to be held solely to indemnify against Excess Reimbursement Liabilities (as defined below) and shall be released to the Shareholders three (3) years following the Closing Date.
As used in this Section, the term "Excess Reimbursement" shall mean, for the Covered Liabilities at issue, amounts reimbursed or paid by Lessee to or on behalf of Lessor on account of such Covered Liabilities in excess of (i) such Covered Liabilities, times (ii) the Commitment Percentages of any Participants that have not paid Lessor their respective Percentages of such Covered Liabilities.
Except to the extent it is inconsistent with the amendments set forth above, all other terms and conditions of the Agreement apply to the Provider Excess Reimbursement insurance.
The maximum aggregate liability (excluding any Loss arising from fraud, Tax liability, and Excess Reimbursement Liabilities) of the Sellers for indemnification hereunder shall not exceed an amount equal to the Merger Consideration.