Settling D&O Insurers definition

Settling D&O Insurers means the D&O Insurers who entered into the D&O Insurance Coverage Settlement with the Debtors and the Defendant Directors and Officers, whereby such D&O Insurers agreed to settle their prospective liability in the D&O Insurance Coverage Action for the D&O Insurance Settlement Amount. For the avoidance of doubt, the Settling D&O Insurers do not include RSUI.

Settling D&O Insurers means: Federal Insurance Company (“Federal”); XL Specialty Insurance Company (“XL”); Zurich American Insurance Company; St. Paul Mercury Insurance Company (incorrectly named in the D&O Insurance Coverage Action as “The St. Paul Travelers Co., Inc.”); National Union Fire Insurance Company of Pittsburgh, Pa; Arch Insurance

Examples of Settling D&O Insurers in a sentence

• Certain of the Settling D&O Insurers shall pay the Defense Costs of the D&O Defense Counsel, subject to the terms and caps provided for in the Settlement Agreement.

• In addition, the Settling D&O Insurers agreed to pay the fees and expenses of the Defendant Directors and Officers in connection with the Fiduciary Duty Action, the D&O Insurance Coverage Action, the D&O Insurance Coverage Settlement and the Plan up to $8,270,000 for fees and expenses incurred in connection with the Fiduciary Duty Action, the D&O Insurance Coverage Action, the D&O Insurance Coverage Settlement and the Plan prior to March 19, 2013.

• Costs based on hourly rates with an estimated total fee of $10,700 with funding coming from Technology Fund.* The GeoMoose is the interactive web map available on the county website.

• Pursuant to the Settlement Agreement, the Settling D&O Insurers shall pay $67,000,000 in the aggregate (the “ Settlement Payments”) to settle the Fiduciary Duty Action, the D&O Insurance Coverage Action and the Prepetition Secured Lenders’ claims.

• It is important to note that the expenditure reliance for the counties is calculated using total operating expenditures whereas the expenditure reliance for municipalities was calculated using general fund expenditures, hence, the two are not directly comparable.

• As of the Effective Date, the term of the current members of the board of directors or managers, as applicable, of the LINN Debtors shall expire, and the initial Reorganized LINN Board and the boards of directors or managers of each of the other Reorganized LINN Debtors will include those directors set forth in the list of directors to Reorganized LINN included in the Plan Supplement.

• On the Settlement Effective Date, the Fiduciary Duty Action will be dismissed with prejudice and the D&O Insurance Coverage Action will be dismissed as against the Settling D&O Insurers, but will continue as against RSUI.

• The Settling D&O Insurers do not consent to the jurisdiction of the Bankruptcy Court, except to the extent necessary for the approval and enforcement of this Settlement Agreement, and all Parties agree that, subject solely to that exception, nothing in this Settlement Agreement, in any way, expands the jurisdiction of the Bankruptcy Court over the Settling D&O Insurers or the D&O Insurance Coverage Action or, in any way, constitutes a consent to jurisdiction or waiver of any jurisdictional defense.

• The Settlement Parties, with the assistance of the Court appointed mediator, entered into mediation and engaged in good faith settlement negotiations to resolve all respective claims asserted by (x) the Debtors, the Committee, the Prepetition Secured Lenders and the Agents against (y) the Settling Defendants and the Settling D&O Insurers, and have reached the agreement set forth in the Settlement Agreement.

• Pursuant to the D&O Insurance Coverage Settlement Agreement, the Settling D&O Insurers agreed to pay the D&O Insurance Settlement Amount in settlement of the Fiduciary Duty Action, the D&O Insurance Coverage Action as it relates to the Settling D&O Insurers and the Prepetition Secured Lender Demand Claims against the Defendant Directors and Officers, in each case, other than with respect to the RSUI Insurance Coverage Action.