Contingent Gains. (a) Each of Vishay and VPG shall have the sole and exclusive right to any benefit received with respect to any Exclusive Vishay Contingent Gain and any Exclusive VPG Contingent Gain, respectively. Each of Vishay and VPG shall have the sole and exclusive authority to commence, prosecute, settle, manage, control, conduct, waive, forego, release, discharge, forgive and otherwise determine all matters whatsoever with respect to any such Exclusive Vishay Contingent Gain or Exclusive VPG Contingent Gain, as the case may be.
(b) Any benefit that may be received from any Shared Contingent Gain shall be shared between Vishay and VPG in proportion to the Shared Vishay Percentage and the Shared VPG Percentage, respectively, and shall be paid in accordance with Section 6.4. If it is determined by the parties or the Contingent Claim Committee that a Contingent Gain is a Shared Contingent Gain, the party determined to have a majority of the Shared Percentage of such Shared Contingent Gain shall have the sole and exclusive authority to commence, prosecute, settle, manage, control, conduct, waive, forgo, release, discharge, forgive and otherwise determine all matters whatsoever with respect to such Shared Contingent Gain. The party with a minority interest in such Shared Contingent Gain shall not take, or permit any member of its Group to take, any action (including commencing any Action) that would interfere with such rights and powers of the other party. The party with a majority of the Shared Percentage of such Shared Contingent Gain shall use its reasonable best efforts to notify the other party in the event that it commences an Action with respect to a Shared Contingent Gain; provided, that the failure to provide such notice shall not give rise to any rights on the part of the other party against such party or affect any other provision of this Section 6.1. The party with a majority of the Shared Percentage of such Shared Contingent Gain may elect not to pursue any Shared Contingent Gain for any reason whatsoever (including a different assessment of the merits of any Action, claim or right than the other party or any business reasons that are in the best interests of such party or a member of such party’s Group, without regard to the best interests of any member of the other Group) and no member of the Group with a majority interest in such Shared Contingent Gain shall have any liability to any Person (including any member of the other Group) as a result of any such ...
Contingent Gains. (a) Each of Allergan and AMO shall have sole and exclusive right to any benefit received with respect to any Exclusive Allergan Contingent Gain, or Exclusive AMO Contingent Gain, respectively. Each of Allergan and AMO shall have sole and exclusive authority to commence, prosecute, settle, manage, control, conduct, waive, forego, release, discharge, forgive and otherwise determine all matters whatsoever with respect to any Exclusive Allergan Contingent Gain or Exclusive AMO Contingent Gain, respectively.
(b) Any benefit that may be received from any Shared Contingent Gain shall be shared among Allergan and AMO in proportion to the Shared Allergan Percentage and the Shared AMO Percentage, respectively, and shall be paid in accordance with Section 5.05. Notwithstanding the foregoing, Allergan shall have sole and exclusive authority to commence, prosecute, settle, manage, control, conduct, waive, forgo, release, discharge, forgive and otherwise determine all matters whatsoever with respect to any Shared Contingent Gain. AMO shall not take, or permit any member of its Group to take, any action (including commencing any claim) that would interfere with such rights and powers of Allergan. Allergan shall use its reasonable efforts to notify AMO in the event that it commences an Action with respect to a Shared Contingent Gain; provided, however, that the failure to provide such notice shall not give rise to any rights on the part of AMO against Allergan or affect any other provision of this Section 5.
Contingent Gains. The Company and Parent will have the exclusive right to any benefit received with respect to any contingent gain that primarily relates to the business of, or that is expressly assigned to, the Company or Parent, respectively (an "Exclusive Contingent Gain"). Each of the Company and Parent will have sole and exclusive authority to manage, control and otherwise determine all matters whatsoever with respect to an Exclusive Contingent Gain that primarily relates to its respective business. The parties will share any benefit that may be received from any contingent gain other than any Exclusive Contingent Gain (a "Shared Contingent Gain") equally between the Company and the Parent, or on such other methodology to be established by the Contingent Claims Committee. Parent will have the sole and exclusive authority to manage, control and otherwise determine all matters whatsoever with respect to any Shared Contingent Gain. Parent may elect not to pursue any Shared Contingent Gain for any reason whatsoever, including a different assessment of the merits of any action, claim or right or any business reasons that are in the best interest of Parent without regard to the best interests of the Company, and Parent will have no liability to any Person, including the Company, as a result of any such determination.
Contingent Gains. The Company and Parent will have the exclusive right to any benefit received with respect to any contingent gain that primarily relates to the business of, or that is expressly assigned to, the Company or Parent, respectively (an "Exclusive Contingent Gain"). Each of the Company and Parent will have sole and exclusive authority to manage, control and otherwise determine all matters whatsoever with respect to an Exclusive Contingent Gain that
Contingent Gains. 39 Section 5.03 Exclusive Contingent Liabilities............................................40 Section 5.04
Contingent Gains. 47 SECTION 5.03.
Contingent Gains not known as of the Effective Time shall be referred to the Contingent Claim Committee for determination pursuant to the provisions of Section 6.4 of whether the Contingent Gain is a Exclusive Duke Energy Contingent Gain, an Exclusive Spectra Energy Contingent Gain or an Unallocated Asset.
Contingent Gains. (a) Each of CBI and CONVERGYS shall have sole and exclusive right to any benefit received with respect to any Exclusive CBI Contingent Gain or Exclusive CONVERGYS Contingent Gain, respectively. Each of CBI and CONVERGYS shall have sole and exclusive
Contingent Gains. (a) Each of Xxxxxxx-Xxxxx Squibb and Xxxxxx shall have sole and exclusive right to any benefit received with respect to any Exclusive Xxxxxxx-Xxxxx Squibb Contingent Gain, or Exclusive Xxxxxx Contingent Gain, respectively. Each of Xxxxxxx-Xxxxx Squibb and Xxxxxx shall have sole and exclusive authority to commence, prosecute, settle, manage, control, conduct, waive, forego, release, discharge, forgive and otherwise determine all matters whatsoever with respect to any Exclusive Xxxxxxx-Xxxxx Squibb Contingent Gain or Exclusive Xxxxxx Contingent Gain, respectively.
Contingent Gains. (a) Each of Bristol-Myers Squibb and Zimmer shall have sole and exclusive xxxxx xx xxx benefit recxxxxx with respect to any Exclusive Bristol-Myers Squibb Contingent Gain, or Exclusive Zimmer Conxxxxxxx Xxxx, respectively. Each of Bristol-Myers Xxxxxx and Zimmer shall have sole and exclusive xxxxxxxxx xx commence, pxxxxxxte, settle, manage, control, conduct, waive, forego, release, discharge, forgive and otherwise determine all matters whatsoever with respect to any Exclusive Bristol-Myers Squibb Contingent Gain or Exclusive Zimmer Contxxxxxx Xxxx, respectively.