Litigation Liability definition
Examples of Litigation Liability in a sentence
The Seller shall bear the expense of all Retained Litigation Liability.
All reasonable expenses, if any, incurred by the Representative in connection with the performance of his, her or its duties as the Representative in connection with Litigation Liability Claims will be borne and paid by the Indemnifying Founders according to their Unit Litigation Funding Percentage (the “Litigation Representative Expenses”).
At any time that an Indemnified Person desires to claim a Loss that it believes is or may be indemnifiable under Section 7.9 (a “Litigation Liability Claim”), Parent will deliver a notice of such Litigation Liability Claim (a “Litigation Claims Notice”) to the Representative and the Escrow Agent.
A Litigation Claims Notice must (A) be signed by an officer of Parent, (B) describe the Litigation Liability Claim in reasonable detail and (C) indicate the amount of the Loss that has been or may be paid, suffered, sustained or accrued by the Indemnified Persons.
With respect to Litigation Liability Claims, if not paid directly to the Representative by the Indemnifying Founders, any such Representative Losses may be recovered by the Representative from the amounts in the Litigation Escrow Fund at such time as remaining amounts in the Litigation Escrow Fund would otherwise be distributable to the Indemnifying Founders.
IAC and Expedia shall be deemed to be on notice of any Shared Litigation Liability pending prior to the Effective Time.
The Final Judgment shall have been entered or established by settlement agreement and Agent shall have received satisfactory evidence of (i) such entry or settlement, (ii) the amount of the Net Litigation Liability and (iii) the Net Litigation Liability shall be less than or equal to $12,000,000.
The Final Judgment shall have been entered or established by settlement agreement and Agent shall have received satisfactory evidence (i) of such entry or settlement (including, without limitation, executed copies of any settlement agreement), (ii) of the amount of the Net Litigation Liability and (iii) that the Net Litigation Liability shall be less than or equal to $12,000,000.
If the Representative objects in writing to any Litigation Liability Claim made in any Litigation Claims Notice within 30 days after delivery of such Litigation Claims Notice, the Representative and Parent will attempt in good faith to agree upon the rights of the respective parties with respect to each such claim.
The Trustee will contest and defend each Litigation Liability to final judgment, and contest each disputed indemnity claim for Losses to final resolution under Section 5.4(b)(iii) hereof, including appropriate appeals, or settle as an appropriate resolution of the Litigation Liability or the indemnity claim for Losses, as it may determine in its discretion to be in the best interests of the Beneficiaries, but subject to the requirements of this Agreement.