Litigation Assets definition
Examples of Litigation Assets in a sentence
Pursuant to the terms of the Security Agreement, the Debtor has granted to the Assignee a security interest in the Litigation Assets, as more fully described therein, for the purpose of providing security for certain of the Debtor's other agreements as contained in Section 5.2 herein.
The Litigation Trustee will seek such direction from the Advisory Committee as he deems necessary or appropriate, but, in particular, the Litigation Trustee will seek direction from the Advisory Committee with respect to litigation strategy, financing (if any) for the Litigation Assets, whether to accept or make any settlement offer and the use of proceeds of any settlement.
Subject to Sections 2.5(a) and 2.5(b), upon the transfer of the Creditor Assets and Litigation Assets, the Creditor Trust shall succeed to all of the right, title and interest in the Creditor Assets and Litigation Assets of the Debtors, the Non-RCS Affiliates or the Registered Investment Advisors, as the case may be, and no other Person, including the Debtors or Reorganized Debtors, will have any further rights or interest in or with respect to the Creditor Assets, Litigation Assets or the Creditor Trust.
The amount described in Schedule “B” hereto shall be segregated from the general cash assets of the Applicants and used exclusively for the purpose of funding the administration of the Litigation Assets.
The Litigation Trustee will supervise, control and administer all aspects of the Litigation Assets of the Applicants, in consultation with the Applicants and subject to monitoring by the Monitor and supervision by the Court.
The Applicants agree to work with the Monitor, in consultation with DK and STMG (and subject to the right of all parties to seek directions from the Court), to realize upon any assets of the Applicants and the non-applicant subsidiaries (other than the cash, the Exchanged Shares, the Additional Shares and the Litigation Assets described herein) with a view to distributing net proceeds thereof as efficiently as reasonably possible and to provide the necessary proxies.
Exercise of the Rights shall be at the election of the holders thereof, and no holder of a Class A-1 Unit or holder of Class B Unit shall suffer any penalty for the failure to exercise a Right, except to the extent of the reduction, Pro Rata with all other holders of Series A-1 Units and/or holders of Class B Units, in the distributions that may otherwise be payable out of Litigation Assets on account of the distributions payable to holders of Class C Units, as provided in Section 4.8(b) below.
Proceeds of any RCS Debtor Subsidiary Litigation Assets shall be deposited to the Creditor Trust Litigation Expense Sub-Reserve established with respect to the RCS Debtor Subsidiary Litigation Assets of the respective Corresponding Debtor.
The Litigation Trustee will supervise and administer the Litigation Assets on a day-to day basis, including giving direction to counsel.
Thereafter, additional amounts may be added to the Creditor Trust Administrative Expense Reserve, in each case in such amounts and at such times as determined by the Creditor Trust Board, (x) by transfer of funds from the Creditor Trust Litigation Expense Sub-Reserve attributable to the RCS Litigation Assets, (y) from Cash constituting New Warrant Proceeds, and (z) from the proceeds of any Rights Offering or any indebtedness incurred by the Creditor Trust.