Determinants of Claim Recoveries Sample Clauses

Determinants of Claim Recoveries. Area EPM assumptions Allocated EPM Value The Allocated EPM Value attributable to each Group DOCA Company is determined on the basis of the following primary components, in aggregate: Enterprise value of the GroupThe enterprise value of the Group has been estimated based on business plan projections and the public market valuation of comparable healthcare businesses. Enterprise value for individual entities – The value of the Group is split by operating cluster based on business plan projected EBITDA. Within operating clusters, entity-by-entity enterprise value is based on the most detailed historical financial statement information available, including intercompany receivables. Subsidiary undertakings - where relevant,2 the equity value of a Group DOCA Company’s subsidiaries (both within and outside administration) contributes to its Allocated EPM Value. If there is Allocated EPM Value available after all a subsidiary entity’s liabilities are satisfied, the 1 The Administrators will use their discretion to attribute the value they consider reasonable to a Holdback Claim for the purposes of determining claim recoveries, without prejudice to alter such assessment in connection with the Claims Determination Process. 2 For example, if the subsidiary undertaking is not in administration. Area EPM assumptions residual value flows proportionally to its equity holders (including minority shareholders). If an equity holder is another Group entity, the value of its equity holdings are an asset which will add to that other Group entity’s Allocated EPM Value. The equity value of subsidiaries not in administration is calculated on the basis of their enterprise value, plus non-core assets and intercompany receivables (that could represent additional value) and less third-party debt, intercompany payables and guarantees of impaired guarantee claims debtors within administration (that could represent additional liabilities). No litigation proceeds that could be derived by any Group entity following the Restructuring Effective Date are included in the EPM. Recoveries from such proceedings will be paid to creditors of the relevant Group DOCA companies separately. Claim Recoveries A Group DOCA Company’s Allocated EPM Value is then applied by the EPM in accordance with the ADGM insolvency waterfall. A summary of that waterfall is as follows (in order of priority): Fixed Charge claims – Estimated proceeds (if any) that would be distributable to creditors who have fixed char...
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Related to Determinants of Claim Recoveries

  • CLAIMS FOR DAMAGES 7.4.1 Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of his / her employees, agents or others for whose acts he / she is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.

  • Payment of Claims A. If advance payment of all or a portion of the Grant funds is permitted by statute or regulation, and the State agrees to provide such advance payment, advance payment shall be made only upon submission of a proper claim setting out the intended purposes of those funds. After such funds have been expended, Grantee shall provide State with a reconciliation of those expenditures. Otherwise, all payments shall be made thirty five (35) days in arrears in conformance with State fiscal policies and procedures. As required by IC § 4-13-2-14.8, all payments will be by the direct deposit by electronic funds transfer to the financial institution designated by the Grantee in writing unless a specific waiver has been obtained from the Indiana Auditor of State.

  • Settlement of Claims The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

  • Claims A. To accept HHSC's reimbursement rates as payment in full for the services specified in this Contract to the persons for whom a payment is received, and to make no additional charge to the individual, any member of their family or to any other source for any supplementation for such services, unless specifically allowed by HHSC rules.

  • Direct Claims Any Action by an Indemnified Party on account of a Loss which does not result from a Third Party Claim (a “Direct Claim”) shall be asserted by the Indemnified Party giving the Indemnifying Party reasonably prompt written notice thereof, but in any event not later than 30 days after the Indemnified Party becomes aware of such Direct Claim. The failure to give such prompt written notice shall not, however, relieve the Indemnifying Party of its indemnification obligations, except and only to the extent that the Indemnifying Party forfeits rights or defenses by reason of such failure. Such notice by the Indemnified Party shall describe the Direct Claim in reasonable detail, shall include copies of all material written evidence thereof and shall indicate the estimated amount, if reasonably practicable, of the Loss that has been or may be sustained by the Indemnified Party. The Indemnifying Party shall have 30 days after its receipt of such notice to respond in writing to such Direct Claim. The Indemnified Party shall allow the Indemnifying Party and its professional advisors to investigate the matter or circumstance alleged to give rise to the Direct Claim, and whether and to what extent any amount is payable in respect of the Direct Claim and the Indemnified Party shall assist the Indemnifying Party’s investigation by giving such information and assistance (including access to the Company’s premises and personnel and the right to examine and copy any accounts, documents or records) as the Indemnifying Party or any of its professional advisors may reasonably request. If the Indemnifying Party does not so respond within such 30 day period, the Indemnifying Party shall be deemed to have rejected such claim, in which case the Indemnified Party shall be free to pursue such remedies as may be available to the Indemnified Party on the terms and subject to the provisions of this Agreement.

  • Errors, Questions, and Complaints a. In case of errors or questions about your transactions, you should as soon as possible contact us as set forth in Section 6 of the General Terms above.

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