Litigation Fund Sample Clauses

Litigation Fund. Of the aggregate funds paid under the terms of the Funding Payment Agreement, an amount up to the aggregate sum of $400 million Net Present Value shall be defined as the “Litigation Fund.” The aggregate amount paid to resolve all Non-Settling Personal Injury Claims, Assumed Third Party Claims, Class 12 Claims, and, to the extent provided in the Litigation Facility Agreement, Litigated Shareholder Claims, plus defense and administrative costs associated with resolving Claims under the terms of the Litigation Facility Agreement, including fees of the Special Master and defense costs for the resolution of Claims in Classes 4A and 11- 17 (such defense costs and other costs and fees shall collectively be defined for purposes of this Settlement Facility Agreement as “Litigation Facility Expenses”), shall not exceed the Litigation Fund. The assets comprising the Litigation Fund shall be paid only if and as required to liquidate and resolve Claims subject to resolution under the Litigation Facility Agreement and to pay expenses of the Litigation Facility. The Litigation Fund shall be reserved for the payment of Non-Settling Personal Injury Claims, Assumed Third Party Claims, Claims of Claimants in Class 12, and, to the extent provided in the Litigation Facility Agreement, Litigated Shareholder Claims, and Litigation Facility Expenses, except that the Litigation Fund may be accessed for purposes of payment of portions of certain Claims of Settling Personal Injury Claimants Allowed under the terms of this Agreement under the conditions outlined at Sections 7.01 and 7.03 below.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs

Related to Litigation Fund

  • Litigation There is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “Action”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

  • Litigation and Claims No litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Borrower is pending or threatened, and no other event has occurred which may materially adversely affect Borrower’s financial condition or properties, other than litigation, claims, or other events, if any, that have been disclosed to and acknowledged by Lender in writing.

  • Litigation Costs If any legal action or other proceeding is brought for the enforcement of this Agreement or to remedy its breach, the prevailing party in such action or proceeding shall be entitled to recover its actual attorney's fees and other costs incurred in the action or proceeding, in addition to such other relief to which it may be entitled.

  • ATTORNEYS’ FEES AND LITIGATION EXPENSES 16. Lead Counsel will apply to the Court for a collective award of attorneys’ fees to Plaintiffs’ Counsel to be paid solely from (and out of) the Settlement Fund. Lead Counsel also will apply to the Court for payment or reimbursement of Litigation Expenses, which may include a request for reimbursement of Lead Plaintiff’s costs and expenses directly related to its representation of the Settlement Class, to be paid solely from (and out of) the Settlement Fund. Lead Counsel’s application for an award of attorneys’ fees and/or Litigation Expenses is not the subject of any agreement between Defendants and Lead Plaintiff other than what is set forth in this Stipulation.

  • LITIGATION OR ADMINISTRATIVE PROCEEDINGS BA shall notify CE within forty-eight (48) hours of any litigation or administrative proceedings commenced against BA or its agents or subcontractors. In addition, BA shall make itself, and any subcontractors, employees and agents assisting BA in the performance of its obligations under the Contract or Addendum, available to CE, at no cost to CE, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced against CE, its supervisors, directors, officers, managers or employees based upon a claimed violation of HIPAA, the HITECH Act, the HIPAA regulations, or other state or federal laws relating to security and privacy, except where the BA or its subcontractors, employees or agents are a named adverse parties.

  • Litigation Expenses If either party successfully seeks to enforce any provision of this Agreement or to collect any amount claimed to be due under it, this party will be entitled to reimbursement from the other party for any and all of its out-of-pocket expenses and costs including, without limitation, reasonable attorneys' fees and costs incurred in connection with the enforcement or collection.

  • Claims Against the School District It is understood that the School District's only obligation is to purchase an insurance policy and pay such amounts as agreed to herein and no claim shall be made against the School District as a result of a denial of insurance benefits by an insurance carrier.

  • Judicial and Administrative Proceedings In the event that Business Associate receives a subpoena, court or administrative order, or other discovery request or mandate for release of PHI, Business Associate agrees to collaborate with Covered Entity with respect to Business Associate’s response to such request. Business Associate shall notify Covered Entity within seven (7) days of receipt of such request or mandate.

  • Invoicing for Charges Against the Judicial Council’s Master Account A. The Contractor shall establish a Master Account for the Judicial Council’s charges provided for under the exhibits of this Agreement.

  • Administrative Proceedings With a view to administering in a consistent, impartial, and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure that in its administrative proceedings applying measures referred to in Article 73 to particular persons or goods of the other Party in specific cases that:

Time is Money Join Law Insider Premium to draft better contracts faster.