Transferred Litigation definition

Transferred Litigation means all Litigation to the extent that the Failed Bank is a claimant or asserting a claim or counterclaim but excluding the Retained Litigation and Retained Claims.
View Source
Transferred Litigation means the claims and litigation, pending or threatened, against any of Sellers which arose out of their conduct of the Business and which are set forth on Schedule D-15 to this Agreement.
View Source

Examples of Transferred Litigation in a sentence

  • In any Transferred Litigation in which the Receiver has not been removed as the real party-in-interest, no settlement may be agreed upon by the Bridge Bank without the express prior consent of the Receiver, and such settlement must include an irrevocable and complete waiver and release of any and all Claims against the Receiver in relation to such Transferred Litigation by any Person.

  • At its sole cost and expense, the Bridge Bank will use its best efforts to cause the removal of the Receiver as a party to the Transferred Litigation and the substitution of the Bridge Bank as the real party-in-interest within sixty (60) days after the Bank Closing Date.

  • After all amounts due to the Receiver under this Section 7.01 have been paid in full, the Bridge Bank will be entitled to any remaining amounts recovered in the Transferred Litigation.

  • For the avoidance of doubt, Section 9.5 of the Initial SAPA shall apply for the Transferred Litigation.

  • If the Pulte Entities receive a tax benefit attributable to any amounts paid by FDIC Manager with respect to the Transferred Litigation, then the Pulte Entities must pay the entire amount of such tax benefit to FDIC Manager.

  • The Company and the Seller shall have entered into the Assignment Agreement and completed the assignment and transfer of the Transferred Litigation in accordance with the terms thereof.

  • Effective upon the Closing Date, if the Pulte Entities receive any payment relating to the Transferred Litigation, then the Pulte Entities shall, within seven (7) days of receipt, transfer such payment to FDIC Manager.

  • The parties hereby acknowledge and agree that by March 10, 2000, the Company shall transfer and assign all of its rights with respect to the litigation referenced in Section 2.11 of the Disclosure Schedule (the "Transferred Litigation") pursuant to the Assignment Agreement.

  • FDIC Manager shall indemnify and hold harmless First Heights and its present and former officers, directors and employees from all costs, losses and expenses related to the Transferred Litigation set forth in Section 6.1(a).