ACTION AGAINST THE UNDERWRITERS Sample Clauses

ACTION AGAINST THE UNDERWRITERS. No action shall lie against the Underwriters or the Underwriters' representatives unless and until, as a condition precedent thereto, the Insured shall have fully complied with all provisions, terms and conditions of this Insurance and the amount of the Insured’s obligation to pay shall have been finally determined either by judgment or award against the Insured after trial, regulatory proceeding, arbitration or by written agreement of the Insured, the claimant, and the Underwriters. No person or organization shall have the right under this Policy to join the Underwriters as a party to an action or other proceeding against the Insured to determine the Insured’s liability, nor shall the Underwriters be impleaded by the Insured or the Insured’s legal representative. The Insured’s bankruptcy or insolvency or of the Insured’s estate shall not relieve the Underwriters of their obligations hereunder.
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ACTION AGAINST THE UNDERWRITERS. No action shall lie against the Underwriters unless, as a condition precedent thereto, there has been full compliance with all terms of this insurance, nor until the amount of the Insured's obligation to pay shall have been finally determined either by judgment or award against the Insured after actual trial, Regulatory Proceeding or arbitration or by written agreement of the Insured, the claimant and the Underwriters. No person or organization shall have any right under this insurance to join the Underwriters as a party to an action or other proceeding against the Insured to determine the Insured's liability, nor shall the Underwriters be impleaded by the Insured or its legal representative.
ACTION AGAINST THE UNDERWRITERS. A. No action shall lie against the Underwriters unless, as a condition precedent thereto, the INSURED has fully complied with all the terms of this policy, nor until the amount of the INSURED’s obligation to pay has been finally determined either by judgment against the INSURED after actual trial or by written agreement of the INSURED, the claimant and the Underwriters. Any person or organization or the legal representative thereof who has secured such judgment or written agreement will thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy.
ACTION AGAINST THE UNDERWRITERS. No action will lie against the insurer or the insurer's representatives unless and until, as a condition precedent, the insured has fully complied with all provisions, terms and conditions of this Policy and the amount of the insured’s obligation to pay has been finally determined either by judgment or award against the insured after trial, regulatory proceeding, arbitration or by written agreement of the insured, the claimant, and the insurer. No person or organization will have the right under this Policy to join the Underwriters as a party to an action or other proceeding against the insured to determine the insured’s liability, nor will the Underwriters be impleaded by the insured or the insured’s legal representative. The insured’s bankruptcy or insolvency of the insured’s estate will not relieve the Underwriters of their obligations hereunder.

Related to ACTION AGAINST THE UNDERWRITERS

  • Actions against Parties; Notification Each indemnified party shall give notice as promptly as reasonably practicable to each indemnifying party of any action commenced against it in respect of which indemnity may be sought hereunder, but failure to so notify an indemnifying party shall not relieve such indemnifying party from any liability hereunder to the extent it is not materially prejudiced as a result thereof and in any event shall not relieve it from any liability which it may have otherwise than on account of this indemnity agreement. In the case of parties indemnified pursuant to Section 6(a) above, counsel to the indemnified parties shall be selected by the Representatives, and, in the case of parties indemnified pursuant to Section 6(b) above, counsel to the indemnified parties shall be selected by the Company. An indemnifying party may participate at its own expense in the defense of any such action; provided, however, that counsel to the indemnifying party shall not (except with the consent of the indemnified party) also be counsel to the indemnified party. In no event shall the indemnifying parties be liable for fees and expenses of more than one counsel (in addition to any local counsel) separate from their own counsel for all indemnified parties in connection with any one action or separate but similar or related actions in the same jurisdiction arising out of the same general allegations or circumstances. No indemnifying party shall, without the prior written consent of the indemnified parties, settle or compromise or consent to the entry of any judgment with respect to any litigation, or any investigation or proceeding by any governmental agency or body, commenced or threatened, or any claim whatsoever in respect of which indemnification or contribution could be sought under this Section 6 or Section 7 hereof (whether or not the indemnified parties are actual or potential parties thereto), unless such settlement, compromise or consent (i) includes an unconditional release of each indemnified party from all liability arising out of such litigation, investigation, proceeding or claim and (ii) does not include a statement as to or an admission of fault, culpability or a failure to act by or on behalf of any indemnified party.

  • NO DEBT AGAINST THE STATE This Contract will not be construed as creating any debt by or on behalf of the State of Texas.

  • PROHIBITION AGAINST ASSIGNMENT During the Vesting Period, the Restricted Shares may not be transferred or encumbered by the Recipient by means of sale, assignment, mortgage, transfer, exchange, pledge, or otherwise. The levy of any execution, attachment, or similar process upon the Restricted Shares shall be null and void.

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