Subject Policies means: (i) the policies of insurance listed on Exhibit 1 hereto; (ii) any other liability insurance policies (whether primary, umbrella, or excess), known or unknown, issued or allegedly issued prior to December 31, 2003 by one of the Hartford-Related Parties listed on Exhibit 3 hereto to a Congoleum-Related Party or under which it (or any of the Congoleum-Related Parties) claims to be insured or otherwise entitled to benefits; provided, however, that any policy of insurance encompassed by Paragraph I.KK(ii) shall be deemed to be a “Subject Policy” and subject to the release, sale, and injunctive provisions of this Agreement and the Approval Order only to the extent of any Congoleum-Related Party’s rights and interests therein; and provided further that “Subject Policies” shall not be deemed to include (x) the statutory portions of any workers’ compensation policy; (y) any policy of insurance issued by an insurance company other than First State or Twin City that is or was a party to the Coverage Action; (z) any policy of insurance issued by a Person that is not a Hartford-Related Party as of the Execution Date that acquires, is merged into, or is acquired by a Hartford-Related Party on or after the Execution Date; and (aa) any policy of insurance issued to a Person that becomes a Congoleum-Related Party after the Execution Date, except to the extent that any other Congoleum-Related Party had rights thereunder which arose on or before the Execution Date.
Subject Policies means: (i) the policies of insurance listed on Exhibit 1 hereto; (ii) any other liability insurance policies (whether primary, umbrella, or excess), known or unknown, issued or allegedly issued prior to December 31, 2003 by one of the Munich Re-Related Parties listed on Exhibit 3 hereto to a Congoleum-Related Party or under which it (or any of the Munich Re Settlement Agreement Congoleum-Related Parties) claims to be insured or otherwise entitled to benefits; provided, however, that any policy of insurance encompassed by Paragraph X.XX(ii) shall be deemed to be a “Subject Policy” and subject to the release, sale, and injunctive provisions of this Agreement and the Approval Order only to the extent of any Congoleum-Related Party’s rights and interests therein; and provided further that “Subject Policies” shall not be deemed to include (x) the statutory portions of any workers’ compensation policy; (y) any policy of insurance issued by an insurance company other than Munich Re that is or was a party to the Coverage Action; (z) any policy of insurance issued by a Person that is not a Munich Re-Related Party as of the Execution Date that acquires, is merged into, or is acquired by a Munich Re-Related Party on or after the Execution Date; and (aa) any policy of insurance issued to a Person that becomes a Congoleum-Related Party after the Execution Date, except to the extent that any other Congoleum-Related Party had rights thereunder which arose on or before the Execution Date.
Subject Policies means: (i) the policies of insurance listed on Exhibit 1 hereto; (ii) any other liability insurance policies (whether primary, umbrella, or excess), known or unknown, subscribed or allegedly subscribed or issued or allegedly issued prior to December 31, 2003 by one of the London Market Companies listed on Exhibit 3 hereto to a Congoleum-Related Party or under which it (or any of the Congoleum-Related Parties) claims to be insured or otherwise entitled to benefits; provided, however, that any policy of insurance encompassed by Paragraph I.KK(ii) shall be deemed to be a “Subject Policy” and subject to the release, sale, and injunctive provisions of this Agreement and the Approval Order only to the extent of any Congoleum-Related Party’s rights and interests therein; and provided further that “Subject Policies” shall not be deemed to include (x) the statutory portions of any workers’ compensation policy; (y) any policy of insurance subscribed or issued by an insurance company other than the companies listed on Exhibit 3 hereto that is or was a party to the Coverage Action; (z) any policy of LMC Settlement Agreement insurance issued by a Person that is not a London-Related Party as of the Execution Date that acquires, is merged into, or is acquired by a London-Related Party on or after the Execution Date; (aa) any policy of insurance issued to a Person that becomes a Congoleum-Related Party after the Execution Date, except to the extent that any other Congoleum-Related Party had rights thereunder which arose on or before the Execution Date; and (bb) any policy of insurance (other than alleged Excess Insurance Company Limited policy number EL 10355 and any unknown policy of Excess Insurance Company Limited that would otherwise fall within the “Subject Policies” definition) that was not placed in the London insurance market. It is agreed and understood that “Subject Policies” shall refer only to each London Market Company’s several share or Interest in same, and it shall be further agreed and understood that “Subject Policies” shall not include any policies of insurance identified in the Coverage Action other than those listed on Exhibit 1.
Examples of Subject Policies in a sentence
This Agreement constitutes a final compromise and settlement of all issues concerning the Subject Policies, including the application of the Subject Policies to Asbestos-Released Claims and to all other Claims.
The Congoleum Parties may sell the Subject Policies free and clear of Interests under section 363(f) of the Bankruptcy Code because one or more of the criteria set forth in sections 363(f)(1)-(5) of the Bankruptcy Code have been satisfied.
This Agreement resolves all of the Parties’ alleged rights and obligations under, and as and to the extent set forth in the balance of this Agreement and in the Approval Order effects a full release and buyout of, the Subject Policies with respect to: (a) all past, pending, and future known and unknown Asbestos-Released Claims; and (b) all other past, pending and future Claims of any type under or related to the Subject Policies.
The Securities Intermediary confirmed to the Administrative Agent in writing that it was holding completed Change Forms with respect to the Subject Policies executed by the Securities Intermediary in blank and the Administrative Agent received copies of such Change Forms.
As of each Advance Date, the Collateral, including, without limitation, the Pledged Policies (which, for the avoidance of doubt, includes any Subject Policies), was and is owned by the Borrower (directly or through the Securities Intermediary) free and clear of any Adverse Claim.
More Definitions of Subject Policies
Subject Policies means all insurance contracts, policies, certificates, binders, slips, covers or other agreements of insurance, including all supplements, riders, endorsements, renewals and extensions as to the Commercial Lines Business issued by the Ceding Companies or any Ceding Company following the Effective Time pursuant to the Underwriting Guidelines or pursuant to written consent of the Reinsurer.
Subject Policies means the Pollution Policy and the Liability Policies.
Subject Policies has the meaning set forth in Section 5.9(k).
Subject Policies means any known or unknown policies issued by Federal to the Debtors, including but not limited to policy number 7932-98-47 effective from January 1, 1977 to January 1, 1978 and policy number (79)7932-98-47 effective from January 1, 1978 to January 1, 1979.
Subject Policies means the insurance policies listed on Attachment A to this Settlement Agreement and any insurance policy issued or allegedly issued by Liberty providing general liability coverage to Congoleum or under which Congoleum is an insured. The term "Subject Policies" also includes any insurance policy providing general liability coverage issued or allegedly issued by Liberty to a predecessor of Congoleum's resilient flooring operations at any time prior to 1955, including but not limited to (1) policies allegedly issued to Congoleum-Nairn, Incorporated; and (2) any policy issued prior to January 1, 1955 of which the 1955 Liberty policy listed on Attachment A is allegedly a renewal.
Subject Policies also includes any insurance policy providing general liability coverage issued or allegedly issued by Liberty to a predecessor of Congoleum's resilient flooring operations at any time prior to 1955, including but not limited to (1) policies allegedly issued to Congoleum-Nairn, Incorporated; and (2) any policy issued prior to January 1, 1955 of which the 1955 Liberty policy listed on Attachment A is allegedly a renewal.
Subject Policies means all policixx xf insurance, whether the policies are primary, umbrella, excess or otherwise, and whether called liability, first party, third party, property, environmental impairment, employer liability or otherwise and whether known or unknown, issued by any St. Paul Travelers Entity prior to the Execution Date: (i) to any Congolexx Xntity; and/or (ii) under which any Congoleum Entity claims to be entitled to insurance, rights or benefits, except for the statutory portion of any workers' compensation policy. Notwithstanding the above, the Parties agree that: (a) Policy Nos. QK09000534, QK09000747, 06 XN 22205576, 0369JM0112, OC06900058, and MOC 0645B63A issued by one or more of the St. Paul Travelers Entities to ABI shall be deemed "Subject Policies" but xxxy with respect to Claims arising from, relating to or involving asbestos-related Claims, including but not limited to