Judgment Reduction a. To the extent any Person is barred, enjoined, or restrained by paragraph 10 of this Bar Order and Judgment, such Person (the “Non-Settlor”) shall be entitled to the reduction of any verdict, judgment, or award against it on a claim concerning Stanford, in any Forum, to the extent that such Forum finds that the Non-Settlor and the Kroll Released Parties were joint tortfeasors respecting such claim. Such reduction shall be the greater of: (a) an amount that corresponds to the percentage of responsibility of the Kroll Released Parties, or (b) such other amount as may be required by law. Nothing in this Bar Order and Judgment shall impair or affect or be construed to impair or affect in any way whatsoever, any right of any Person to: (a) claim a credit or offset in any litigation against such Person, however determined or quantified, if and to the extent provided for by the foregoing sentence, against any judgment amount, based upon the Settlement or payment of the Settlement Amount; (b) designate a “responsible third party” or “settling person” under Chapter 33 of the Texas Civil Practice and Remedies Code; or (c) take discovery under applicable rules in other litigation; provided for the avoidance of doubt that nothing in this sentence shall be interpreted to (1) permit or authorize any claim or Settled Claim seeking to recover any monetary or other relief from the Kroll Released Parties, (2) permit or authorize the commencement, assertion or continuation of any claim or Settled Claim against the Kroll Released Parties, including any claim or Settled Claim seeking to impose any liability of any kind (including but not limited to liability for contribution, indemnification or otherwise) upon the Kroll Released Parties, or (3) impair or affect or be construed to impair or affect in any way whatsoever, any right of the Kroll Released Parties to contest discovery.
b. In no event shall the Kroll Released Parties be responsible to pay any amount to any Person based on the amount or method or absence of reduction of any verdict, judgment, or award on a claim concerning Stanford.
Judgment Reduction. Any final verdict or judgment obtained by or on behalf of the Class or a Class Member against any person or entity subject to the Bar Order (set forth in paragraph 13, above) based upon, arising out of, relating to, or in connection with in any way in part or in whole any Released Plaintiffs’ Claim shall be reduced by the greater of: (a) an amount that corresponds to the percentage of responsibility of Defendants for common damages; or (b) the amount paid by or on behalf of Defendants to the Class or Class Member for common damages.
Judgment Reduction. 10.1 In the event that another insurer of Congoleum brings a claim for contribution, subrogation, indemnification, reimbursement or other similar claim against Federal in connection with Claims released in this Amended and Restated Agreement, and such insurer obtains a final binding arbitration award or final judgment against or a settlement with Federal (with the consent of Congoleum prior to the effective date of the Plan or with the consent of the Plan Trust following said effective date, which consent in either case shall not be unreasonably withheld), Congoleum or the Plan Trust (as the case may be) shall voluntarily reduce the amount of any final binding arbitration award, final judgment or settlement payment that it has obtained or may obtain from such other insurer by the amount of such other insurer’s final binding arbitration award or final judgment awarded against or settlement with Federal in connection with such contribution, subrogation, indemnification or other similar claim, and shall direct that Federal shall not be subject to liability for such judgment, arbitration award or settlement.
10.2 Any reduction in judgment, arbitration award or settlement will be accomplished by subtracting from the judgment, arbitration award or settlement against the other insurer the share of the judgment, arbitration award or settlement attributable to Federal.
Judgment Reduction. 12.1 In the event that another insurer of Congoleum brings a claim for contribution, subrogation, indemnification, reimbursement or other similar claim against Mt. XxXxxxxx and/or Everest in connection with Claims released in this Amended and Restated Agreement, and such insurer obtains a final binding arbitration award or final judgment against or a settlement with Mt. XxXxxxxx or Everest (with the consent of Congoleum prior to the effective date of the Plan or with the consent of the Plan Trust following said effective date, which consent in either case shall not be unreasonably withheld), Congoleum or the Plan Trust (as the case may be) shall voluntarily reduce the amount of any final binding arbitration award, final judgment or settlement payment that it has obtained or may obtain from such other insurer by the amount of such other insurer’s final binding arbitration award or final judgment awarded against or settlement with Mt. XxXxxxxx or Everest in connection with such contribution, subrogation, indemnification or other similar claim, and shall direct that Mt. XxXxxxxx or Everest (as the case may be) shall not be subject to liability for such judgment, arbitration award or settlement.
12.2 Any reduction in judgment, arbitration award or settlement will be accomplished by subtracting from the judgment, arbitration award or settlement against the other insurer the share of the judgment, arbitration award or settlement attributable to Mt. XxXxxxxx or Everest (as the case may be).
Judgment Reduction. In the event that another insurer of the Debtors brings a claim for contribution, subrogation, indemnification, reimbursement or other similar claim, against Everest and/or Mt. McKinley in connection with Claims released in this Agreement, and suxx xxxxxer obtains a final binding arbitration award or final judgment against or a settlement with Everest and/or Mt. McKinley (with the consent of the Debtors prior to the Effective Date xx xxxx the consent of the Plan Trust following said Effective Date, which consent in either case shall not be unreasonably withheld), the Debtors or the Plan Trust (as the case may be) shall voluntarily reduce the amount of any final binding arbitration award, final judgment or settlement payment that they have obtained or may obtain from such other insurer by the amount of such other insurer's final binding arbitration award or final judgment awarded against or settlement with Everest and/or Mt. McKinley in connection with such contribution, subrogation, indemnifixxxxxx xr other similar claim and shall direct that Everest and/or Mt. McKinley (as the case may be) shall not be subject to liability for sxxx xxxxment, arbitration award or settlement. Such a reduction in judgment or arbitration award or settlement will be accomplished by subtracting from the judgment, arbitration award or settlement against the other insurers the share of the judgment, arbitration award or settlement attributable to Everest and/or Mt. McKinley (as the case may be).
Judgment Reduction. (a) If after the date hereof any Claim with respect to any Released Matter by, on behalf of, or for the benefit of, any Acquisition Party and/or the Acquisition Party Constituents, or any of them, against any person or entity other than any Sunrise Party or the Sunrise Constituents, or any of them (a “Third Party”), in any way gives rise to a Claim with respect to any Released Matter (a “Claim Over”) by a Third Party against a Sunrise Party and/or the Sunrise Constituents, or any of them, asserting that a Sunrise Party and/or the Sunrise Constituents, or any of them, is or may be liable to any such Third Party (whether by way of indemnification, contribution or otherwise), such Acquisition Party shall and shall cause the Acquisition Constituents to reduce or credit against any judgment or settlement obtained thereby against any such Third Party the full amount of any judgment or settlement obtained by any such Third Party against a Sunrise Party and/or the Sunrise Constituents, or any of them, as applicable, as a result of such Claim Over, and shall, as an essential element of any settlement with any such Third Party, obtain from any such Third Party for the benefit of such Sunrise Party and/or the Sunrise Constituents, or any of them, as applicable, a satisfaction in full of any such Third Party’s Claim Over against such Sunrise Party and/or the Sunrise Constituents, or any of them, as applicable.
(b) If after the date hereof any Claim with respect to any Released Matter by, on behalf of, or for the benefit of any Sunrise Party and/or the Sunrise Constituents, or any of them, against any Third Party in any way gives rise to a Claim Over by a Third Party against an Acquisition Party and/or the Acquisition Constituents, or any of them, asserting that an Acquisition Party and/or the Acquisition Constituents, or any of them, is or may be liable to any such Third Party (whether by way of indemnification, contribution or otherwise), such Sunrise Party shall and shall cause the Sunrise Constituents to reduce or credit against any judgment or settlement obtained thereby against any such Third Party the full amount of any judgment or settlement obtained by any such Third Party against an Acquisition Party and/or the Acquisition Constituents, or any of them, as applicable, as a result of such Claim Over, and shall, as an essential element of any settlement with any such Third Party, obtain from any such Third Party for the benefit of such Acquisition Party and/or t...
Judgment Reduction. In the event any FHFA Party obtains a judgment against any Non-Settling First Horizon Defendant in the First Horizon Action, such FHFA Party agrees to reduce any such judgment or judgments, and to provide the Non-Settling First Horizon Defendant against which such judgment(s) has been obtained a judgment credit, in an amount that is the greater of (i) the amount of the Settlement Payments allocated by Plaintiff to the security at issue, as set forth on the confidential schedule attached as Confidential Exhibit I-2, or
Judgment Reduction. Pursuant to 15 U.S.C. § 78u-4(f)(7)(B), any verdict or judgment that Lead Plaintiff or any other Settlement Class Member may obtain on behalf of the Settlement Class or t Class Member against any Person subject to the Bar Order shall be reduced by the greater of (a) an amount that corresponds to the percentage responsibility of the Releasees for common damages; or (ii) the portion of the Settlement Amount paid by or on behalf of the Defendants to the Settlement Class or Settlement Class member for common damages.
Judgment Reduction. Unless and until the Port or Great American, or both, have obtained a bar order as provided in Paragraph 3. E.
(1) above, the following provisions shall apply:
(a) In any Environmental Claim arising out of the Three Occurrences involving the Port and one or more of the Port’s insurers, where the Port has brought or brings Claims against any other insurer(s), and any such insurer(s) assert(s) any Claim against Great American for recovery of amounts that comprise defense costs or indemnity costs for the aforesaid occurrences, which the Port has sought or seeks from such insurer(s), any Claim made by, or judgment or other award obtained by, the Port against such other insurer(s) shall be automatically reduced by the amount, if any, that Great American would have been liable to pay to other insurer(s) as a result of such insurer(s)’s Claim against Great American, so that the Claim by such other insurer(s) against Great American is thereby satisfied and extinguished. Such a reduction in the Port’s Claim, judgment or other award against such insurers(s) will be accomplished by subtracting from the Claim, judgment, or other award against such other insurer(s) the share of the Claim, judgment or other award, if any, that is allocable to Great American.
(b) The Port further agrees that, in order to effectuate the terms of this Paragraph 3.E.
Judgment Reduction. The releases in this Agreement for the benefit of the Bank Defendant Releasees are intended and shall be construed and treated in accordance with the Pennsylvania Uniform Contribution among Tortfeasors Act, 42 Pa. C.S.A. §§ 8321, et seq. (or any other applicable law) as a pro rata release and it is the intent of the Parties to relieve the Bank Defendant Releasees from any liability for contribution that may arise out of any claim asserted by the Trust against a party or parties (including without limitation BIPC or any former officer or director of Adelphia) other than the Bank Defendant Releasees. Accordingly, it is further agreed by the Trust that, if the Trust obtains a judgment against any other Person (a “Judgment Defendant”) on a claim for which the Judgment Defendant has or may have a claim for contribution against a Bank Defendant Releasee (a “Joint Claim”), the Trust will reduce the amount of the Joint Claim judgment by the percentage of the Bank Defendant Releasees’ responsibility, if any, as determined in the action in which the judgment against the Judgment Defendant is obtained, as contemplated by Section 8327 of the Pennsylvania Uniform Contribution Among Tortfeasors Act, 42 Pa. C.S.A. § 8327; provided, however, that nothing contained in this Agreement shall preclude the Trust from seeking to establish, before or at trial or on appeal, (i) that the Judgment Defendant has no right of contribution against a Bank Defendant Releasee that should result in a reduction of the Joint Claim judgment, in which case, if the Trust prevails, no reduction of the Joint Claim judgment shall occur, or (ii) in order to prevent a double reduction of the Settlement Amount, that the Bank Defendant Releasees’ pro rata share for the Joint Claim judgment is equal to or lower than the Settlement Amount, in which case, if the Trust prevails, the Joint Claim judgment shall be reduced only if the Joint Claim judgment does not already reflect a reduction for the Settlement Amount, and in such case, the maximum amount by which the Joint Claim judgment may be reduced is the Settlement Amount (but in all events no greater amount than the percentage of the Bank Defendant Releasees’ responsibility, if any). The Trust agrees that in the action in which the judgment against the Judgment Defendant is sought, it will consent to the determination of percentage of responsibility of the Bank Defendant Releasees for the Joint Claim, if any, without the necessity of any Bank Defendant ...
