Distribution of RCS Debtor Subsidiary Litigation Assets Sample Clauses

Distribution of RCS Debtor Subsidiary Litigation Assets. (i) As and to the extent that Distributable Creditor Trust RCS Debtor Subsidiary Litigation Assets become available for distribution before or after the Initial Distribution Date, as determined by the Creditor Trust Board, the Creditor Trust Board shall establish a Distribution Record Date and a Distribution Date for the distribution of such assets, which such Distribution Record Date shall be no earlier than the Disputed Claims Estimation Date to the holders of Class A Units of the Series whose Litigation Assets are to be distributed, and the Creditor Trust shall distribute such assets on such Distribution Date to such holders of record on such Distribution Record Date, Pro Rata on a per Series basis. (ii) In the event that the Creditor Trust has made distributions aggregating the respective Subsidiary Debtor Unit Amount in respect of the Units of any Series of Class A Units (other than the Series A-1 Units), including interest at the applicable rate, any additional Distributable Creditor Trust RCS Debtor Subsidiary Litigation Assets attributable to the Corresponding Debtor that may become available for distribution shall be distributed in accordance with the priorities set forth in Section 4.1(c)(ii) through (v). For the avoidance of doubt, such additional Distributable Creditor Trust RCS Debtor Subsidiary Litigation Assets shall be distributed Pro Rata to holders of Series A-1 Units and the holders of the Class B Units (together considered for these purposes as a single Class), without priority or preference of Series A-1 Units over Class B Units or Class B Units over Series A-1 Units, and no distributions made under this Section 4.1(d)(ii) shall count toward the $30,000,000 threshold provided in Section 4.1(c)(i). (iii) Distributions of Distributable Creditor Trust RCS Debtor Subsidiary Litigation Assets shall be made at least annually; provided, however, that annual distributions are not required to be made if the Creditor Trust Board determines that the aggregate amount of Distributable Creditor Trust RCS Debtor Subsidiary Litigation Assets for any corresponding Series at the time is such as would make the distribution impracticable, in which case such Distributable Creditor Trust RCS Debtor Subsidiary Litigation Assets of such corresponding Series will be included in Distributable Creditor Trust RCS Debtor Subsidiary Litigation Assets on the following Distribution Date.
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Related to Distribution of RCS Debtor Subsidiary Litigation Assets

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(b) Except (i) as provided in Section 6.1(c), (ii) as may be otherwise provided in this Agreement or any Ancillary Agreement and (iii) for any matter for which any TriMas Indemnified Party is entitled to indemnification pursuant to this Article VI, effective as of the Distribution, TriMas does hereby, for itself and each other TriMas Entity and their respective Affiliates, Predecessors, successors and assigns, and, to the extent TriMas legally may, all Persons that at any time prior to the Distribution have been stockholders, directors, officers, members, agents or employees of TriMas or any other TriMas Entity (in each case, in their respective capacities as such), release and forever discharge each Horizon Entity, their respective Affiliates, successors and assigns, and all Persons that at any time prior to the Distribution have been stockholders, directors, officers, members, agents or employees of Horizon or any other Horizon Entity (in each case, in their respective capacities as such), and their respective heirs, executors, administrators, successors and assigns, from any and all Liabilities whatsoever, whether at law or in equity, whether arising under any Contract, by operation of law or otherwise, existing or arising from any acts or events occurring or failing to occur or alleged to have occurred or to have failed to occur or any conditions existing or alleged to have existed on or before the Distribution Date, whether or not known as of the Distribution Date, including in connection with the transactions and all other activities to implement the Separation or the Distribution. 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