Contingent Recoveries Sample Clauses

Contingent Recoveries. (a) EWS shall have the sole and exclusive right to any benefit received with respect to any Exclusive EWS Contingent Recovery. EWS 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 Exclusive EWS Contingent Recovery.
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Contingent Recoveries. The Purchaser agrees that the Shareholders shall be entitled to receive from the Purchaser the amount (less Taxes and other costs directly related to the respective Action borne by the Company or any of its Subsidiaries) of any and all recoveries actually received by the Company after the Closing Date due to (i) favorable final awards actually collected regarding any of the pending Actions listed in Section 6.16 of the Disclosure Schedule where the Company and/or any Subsidiary thereof is plaintiff, including any Action where the Company or its Subsidiaries are represented by trade groups or similar organizations; (ii) any recovery of Non-Recoverable Taxes accounted for up to the date immediately prior to the Closing Date that are subject to favorable final awards actually collected by the Company or any Subsidiary thereof, and (iii) any final non-appealable recovery that the Company or its any of its Subsidiaries actually collects in connection with the assignment and transfer of the lease rights over a real property located at the Xx. Xxxxxxxx Xxxxxxx, 2060 – Paraisópolis, São Paulo — SP (the “Contingent Recoveries”). Any payments due to the Shareholders under this Section 6.16 shall be paid within five (5) Business Days of the actual receipt of the respective amount by the Company or its Subsidiary, as applicable; provided, that in the event that such right or claim is actually received by the Company or any Subsidiary thereof in the form of a credit, the Purchaser shall only pay the Shareholders within five (5) Business Days after the actual offset of such credit by the Company or Subsidiary thereof. The non-payment of any amount due and payable hereunder within the period above mentioned shall subject the Purchaser to a compensatory penalty of ten percent (10%) over such unpaid amount, plus monetary adjustment based on the IGP-M/FGV, and a penalty interest of one percent (1%) per month, calculated on a pro rate temporis basis as of the maturity date until the effective full payment of the amount due.

Related to Contingent Recoveries

  • Unanticipated Recoveries $ 0.00 ---------------

  • Recoveries (a) With respect to any Class of Certificates (other than the Class P Certificates) to which a Realized Loss has been allocated (including any such Class for which the related Class Principal Balance has been reduced to zero), the Class Principal Balance of such Class will be increased, up to the amount of related Non-PO Recoveries for such Distribution Date as follows:

  • Contingent Payments The Unilever Stockholder shall have the right to receive the Contingent Payments, if any, on the terms and subject to the conditions set forth on Exhibit 9 in recognition of its period of ownership of the Class B Shares.

  • Expenses and Recoveries The enforcing Party bringing a claim, suit or action under this Section 4.3 shall be solely responsible for any expenses incurred by such Party as a result of such claim, suit or action. If such Party recovers monetary damages in such claim, suit or action, except as otherwise agreed by the Parties in connection with a cost-sharing arrangement, such recovery shall be allocated first to the reimbursement of any expenses incurred by the Parties in such litigation, and any remaining amounts shall be shared as follows: [***].

  • Special Hazard Loss Amount $ 0.00 --------------

  • Realized Losses Realized Losses shall be allocated first against the Overcollateralization Amount, until the Overcollateralization Amount has been reduced to zero. If, after giving effect to the distribution of the Principal Distribution Amount on any Distribution Date the aggregate Class Certificate Balance of the Offered Certificates exceeds the Pool Principal Balance as of the end of the related Due Period, such excess will be allocated against the Class B-3, Class B-2, Class B-1, Class M-6, Class M-5, Class M-4, Class M-3, Class M-2 and Class M-1 Certificates, in that order and until the respective Class Certificate Balances thereof are reduced to zero.

  • Allocation of Recoveries (a) If more than one of the parties hereto is damaged in a single loss for which recovery is received under the policy, each such party shall receive that portion of the recovery which represents the loss sustained by that party, unless the recovery is inadequate to fully indemnify such party sustaining loss.

  • Insurance Proceeds All proceeds of and any unearned premiums on any insurance policies covering the Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Property;

  • Liquidation Proceeds Cash received in connection with the liquidation of a defaulted Mortgage Loan, whether through the sale or assignment of such Mortgage Loan, trustee’s sale, foreclosure sale, payment in full, discounted payoff or otherwise, or the sale of the related Mortgaged Property if the Mortgaged Property is acquired in satisfaction of the Mortgage Loan, including any amounts remaining in the related Escrow Account.

  • RECOVERY FROM THIRD PARTIES 6.1 Where the Sellers have paid an amount in full discharge of a liability under paragraph 2 in respect of any Liability for Taxation and the Buyer, the Company is or becomes entitled to recover from some other person (not being the Buyer, the Company or any other company within the Buyer’s Tax Group), any amount in respect of such Liability for Taxation, the Buyer shall or shall procure that the Company shall:

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