Later Participating Subdivisions. A Subdivision that is not an Initial Participating Subdivision may become a Later Participating Subdivision by meeting the applicable requirements for becoming a Participating Subdivision after the Initial Participation Date and agreeing to be subject to the terms of a State-Subdivision Agreement (if any) or any other structure adopted or applicable pursuant to subsections VI.D or VI.E. The following provisions govern what a Later Participating Subdivision can receive (but do not apply to Initial Participating Subdivisions): 1. A Later Participating Subdivision shall not receive any share of any base or incentive payments paid to the Subdivision Fund that were due before it became a Participating Subdivision. 2. A Later Participating Subdivision that becomes a Participating Subdivision after July 15, 2022 shall receive 75% of the share of future base or incentive payments that it would have received had it become a Later Participating Subdivision before that date (unless the Later Participating Subdivision is subject to subsections VII.E.3 or VII.E.4 below). 3. A Later Participating Subdivision that, after the Initial Participation Date, maintains a lawsuit for a Released Claim(s) against a Released Entity and has judgment entered against it on every such Claim before it became a Participating Subdivision (other than a consensual dismissal with prejudice) shall receive 50% of the share of future base or incentive payments that it would have received had it become a Later Participating Subdivision prior to such judgment; provided, however, that if the Subdivision appeals the judgment and the judgment is affirmed with finality before the Subdivision becomes a Participating Subdivision, the Subdivision shall not receive any share of any base payment or incentive payment. 4. A Later Participating Subdivision that becomes a Participating Subdivision while a Bar or Case-Specific Resolution involving a different Subdivision exists in its State shall receive 25% of the share of future base or incentive payments that it would have received had it become a Later Participating Subdivision without such Bar or Case-Specific Resolution.
Appears in 15 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Later Participating Subdivisions. A Subdivision that is not an Initial Participating Subdivision may become a Later Participating Subdivision by meeting the applicable requirements for becoming a Participating Subdivision after the Initial Participation Date and agreeing to be subject to the terms of a State-Subdivision Agreement (if any) or any other structure adopted or applicable pursuant to subsections VI.D VIII.E or VI.E. VIII.F. The following provisions govern what a Later Participating Subdivision can receive (but do not apply to Initial Participating Subdivisions):
1. A Later Participating Subdivision shall not receive any share of any base Base or incentive payments Incentive Payments paid to the Subdivision Fund that were due before it became a Participating Subdivision.
2. A Later Participating Subdivision that becomes a Participating Subdivision after July Initial Participation Date but before June 15, 2022 2023 shall receive 75% of the share of future base or incentive payments the Initial Year Payment that it would have received had it become a Later an Initial Participating Subdivision before that date (unless the Later Participating Subdivision is subject to subsections VII.E.3 X.E.3 or VII.E.4 X.E.4 below). A Later Participating Subdivision that becomes a Participating Subdivision after June 15, 2023 shall receive no share of the Initial Year Payment.
3. A Later Participating Subdivision that, after the Initial Participation Date, maintains a lawsuit for a Released Claim(s) against a Released Entity and has judgment entered against it on every such Claim before it became a Participating Subdivision (other than a consensual dismissal with prejudice) shall receive 50% of the share of future base Base Payments or incentive payments Incentive Payments that it would have received had it become a Later Participating Subdivision prior to such judgment; provided, however, that if the Subdivision appeals the judgment and the judgment is affirmed with finality before the Subdivision becomes a Participating Subdivision, the Subdivision shall not receive any share of any base payment Base Payments or incentive paymentIncentive Payments.
4. A Later Participating Subdivision that becomes a Participating Subdivision while a Bar or Case-Specific Resolution involving a different Subdivision exists in its State shall receive 25% of the share of future base Base Payments or incentive payments Incentive Payments that it would have received had it become a Later Participating Subdivision without such Bar or Case-Specific Resolution.
Appears in 7 contracts
Samples: Settlement Agreement (Teva Pharmaceutical Industries LTD), Settlement Agreement, Settlement Agreement
Later Participating Subdivisions. A Subdivision that is not an Initial Participating Subdivision may become a Later Participating Subdivision by meeting the applicable requirements for becoming a Participating Subdivision after the Initial Participation Date and agreeing to be subject to the terms of a State-Subdivision Agreement (if any) or any other structure adopted or applicable pursuant to subsections VI.D VIII.E or VI.E. VIII.F. The following provisions govern what a Later Participating Subdivision can receive (but do not apply to Initial Participating Subdivisions):
1. A Later Participating Subdivision shall not receive any share of any base Base or incentive payments Incentive Payments paid to the Subdivision Fund that were due before it became a Participating Subdivision.
2. A Later Participating Subdivision that becomes a Participating Subdivision after July the Initial Participation Date but before June 15, 2022 2023 shall receive 75% of the share of future base or incentive payments the Initial Year Payment that it would have received had it become a Later an Initial Participating Subdivision before that date (unless the Later Participating Subdivision is subject to subsections VII.E.3 IX.E.3 or VII.E.4 IX.E.4 below). A Later Participating Subdivision that becomes a Participating Subdivision after June 15, 2023 shall receive no share of the Initial Year Payment.
3. A Later Participating Subdivision that, after the Initial Participation Date, maintains a lawsuit for a Released Claim(s) against a Released Entity and has judgment entered against it on every such Claim before it became a Participating Subdivision (other than a consensual dismissal with prejudice) shall receive 50% of the share of future base Base Payments or incentive payments Incentive Payments that it would have received had it become a Later Participating Subdivision prior to such judgment; provided, however, that if the Subdivision appeals the judgment and the judgment is affirmed with finality before the Subdivision becomes a Participating Subdivision, the Subdivision shall not receive any share of any base payment or incentive payment.,
4. A Later Participating Subdivision that becomes a Participating Subdivision while a Bar or Case-Specific Resolution involving a different Subdivision exists in its State shall receive 25% of the share of future base Base Payments or incentive payments Incentive Payments that it would have received had it become a Later Participating Subdivision without such Bar or Case-Specific Resolution.
Appears in 7 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Later Participating Subdivisions. A Subdivision that is not an Initial Participating Subdivision may become a Later Participating Subdivision by meeting the applicable requirements for becoming a Participating Subdivision set forth in Section VII.B or Section VII.C after the Initial Participation Date and by agreeing to be subject to the terms of a State-Subdivision Agreement (if any) or any other structure adopted or applicable pursuant to subsections VI.D Section V.D or VI.E. Section V.E. The following provisions govern what a Later Participating Subdivision can receive (but do not apply to Initial Participating Subdivisions):
1. A Later Participating Subdivision shall not receive any share of any base or incentive payments paid to the Subdivision Fund that were Annual Remediation Payment due before it became a Participating Subdivision.
2. A Later Participating Subdivision that becomes a Participating Subdivision after July 15January 31, 2022 2025, shall receive seventy-five percent (75% %) of the share of future base Base Payments or incentive payments Incentive Payments that it would have received had it become a Later Participating Subdivision before prior to that date (unless the Later Participating Subdivision is subject to subsections Section VII.E.3 or VII.E.4 belowSection VII.E.4).
3. A Later Participating Subdivision that, after the Initial Participation Date, maintains a lawsuit for a Released Claim(s) against a Released Entity and has judgment entered against it on every such Claim before it became a Participating Subdivision (other than a consensual dismissal with prejudice) shall receive fifty percent (50% %) of the share of future base Base Payments or incentive payments Incentive Payments that it would have received had it become a Later Participating Subdivision prior to such judgment; provided, however, that if the Subdivision appeals the judgment and the judgment is affirmed with finality before the Subdivision becomes a Participating Subdivision, the Subdivision shall not receive any share of any base payment Base Payment or incentive paymentIncentive Payments.
4. A Later Participating Subdivision that becomes a Participating Subdivision while a Bar or Case-Specific Resolution involving a different Subdivision exists in its State state shall receive twenty-five percent (25% %) of the share of future base Base Payments or incentive payments Incentive Payments that it would have received had it become a Later Participating Subdivision without such Bar or Case-Case- Specific Resolution.
Appears in 6 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Later Participating Subdivisions. A Subdivision in a Settling State that is not an Initial Participating Subdivision may become a Later Participating Subdivision by meeting the applicable requirements for becoming a Participating Subdivision set forth in Section VII.B or Section VII.C after the Initial Subdivision Participation Date and by agreeing to be subject to the terms of a State-Subdivision Agreement (if any) or any other structure adopted or applicable pursuant to subsections VI.D Section V.D or VI.E. Section V.E. The following provisions govern what a Later Participating Subdivision can receive (but do not apply to Initial Participating Subdivisions):
1. A Later Participating Subdivision shall not receive any share of any base or incentive payments paid to the Subdivision Fund that were Annual Payment due before it became a Participating Subdivision.
2. A Later Participating Subdivision that becomes a Later Participating Subdivision after July 15November 30, 2022 2023 shall receive seventy-five percent (75% %) of the share of future base or incentive payments that it would have received had it become a Later Participating Subdivision before prior to that date (unless the Later Participating Subdivision is subject to subsections Section VII.E.3 or VII.E.4 belowSection VII.E.4).
3. A Later Participating Subdivision that, after the Initial Subdivision Participation Date, maintains a lawsuit for a Released Claim(s) against a Released Entity and has judgment entered against it on every such Claim before it became a Participating Subdivision (other than a consensual dismissal with prejudice) shall receive 50% of the share of future base or incentive payments that it would have received had it is not eligible to become a Later Participating Subdivision prior to such judgment; provided, however, that if the Subdivision appeals the judgment and the judgment is affirmed with finality before the Subdivision becomes a Participating Participation Subdivision, the Subdivision shall not receive any share of any base payment or incentive payment.
4. A Later Participating Subdivision that becomes a Later Participating Subdivision while a Bar or Case-Specific Resolution involving a different Subdivision exists in its State shall receive twenty-five percent (25% %) of the share of future base or incentive payments that it would have received had it become a Later Participating Subdivision without such Bar or Case-Specific Resolution.
Appears in 5 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Later Participating Subdivisions. A Subdivision that is not an Initial Participating Subdivision may become a Later Participating Subdivision by meeting the applicable requirements for becoming a Participating Subdivision after the Initial Participation Date and agreeing to be subject to the terms of a State-Subdivision Agreement (if any) or any other structure adopted or applicable pursuant to subsections VI.D VIII.E or VI.E. VIII.F. The following provisions govern what a Later Participating Subdivision can receive (but do not apply to Initial Participating Subdivisions):
1. A Later Participating Subdivision shall not receive any share of any base Base or incentive payments Incentive Payments paid to the Subdivision Fund that were due before it became a Participating Subdivision.
2. A Later Participating Subdivision that becomes a Participating Subdivision after July Initial Participation Date but before June 15, 2022 2023 shall receive 75% of the share of future base or incentive payments the Initial Year Payment that it would have received had it become a Later an Initial Participating Subdivision before that date (unless the Later Participating Subdivision is subject to subsections VII.E.3 IX.E.3 or VII.E.4 IX.E.4 below). A Later Participating Subdivision that becomes a Participating Subdivision after June 15, 2023 shall receive no share of the Initial Year Payment.
3. A Later Participating Subdivision that, after the Initial Participation Date, maintains a lawsuit for a Released Claim(s) against a Released Entity and has judgment entered against it on every such Claim before it became a Participating Subdivision (other than a consensual dismissal with prejudice) shall receive 50% of the share of future base Base Payments or incentive payments Incentive Payments that it would have received had it become a Later Participating Subdivision prior to such judgment; provided, however, that if the Subdivision appeals the judgment and the judgment is affirmed with finality before the Subdivision becomes a Participating Subdivision, the Subdivision shall not receive any share of any base payment or incentive payment.,
4. A Later Participating Subdivision that becomes a Participating Subdivision while a Bar or Case-Specific Resolution involving a different Subdivision exists in its State shall receive 25% of the share of future base Base Payments or incentive payments Incentive Payments that it would have received had it become a Later Participating Subdivision without such Bar or Case-Specific Resolution.
Appears in 1 contract
Samples: Settlement Agreement
Later Participating Subdivisions. A Subdivision that is not an Initial Participating Subdivision may become a Later Participating Subdivision by meeting the applicable requirements for becoming a Participating Subdivision set forth in Section VII.B or Section VII.C after the Initial Participation Date and by agreeing to be subject to the terms of a State-Subdivision Agreement (if any) or any other structure adopted or applicable pursuant to subsections VI.D Section V.D or VI.E. Section V.E. The following provisions govern what a Later Participating Subdivision can receive (but do not apply to Initial Participating Subdivisions):
1. A Except as provided in Section IV.C, a Later Participating Subdivision shall not receive any share of any base or incentive payments paid to the Subdivision Fund that were Annual Payment due before it became a Participating Subdivision.
2. A Later Participating Subdivision that becomes a Participating Subdivision after July 15, 2022 shall receive seventy-five percent (75% %) of the share of future base or incentive payments that it would have received had it become a Later Participating Subdivision before prior to that date (unless the Later Participating Subdivision is subject to subsections Section VII.E.3 or VII.E.4 belowSection VII.E.4).
3. A Later Participating Subdivision that, after the Initial Participation Date, maintains a lawsuit for a Released Claim(s) against a Released Entity and has judgment entered against it on every such Claim before it became a Participating Subdivision (other than a consensual dismissal with prejudice) shall receive fifty percent (50% %) of the share of future base or incentive payments that it would have received had it become a Later Participating Subdivision prior to such judgment; provided, however, that if the Subdivision appeals the judgment and the judgment is affirmed with finality before the Subdivision becomes a Participating Subdivision, the Subdivision shall not receive any share of any base payment or incentive paymentpayments.
4. A Later Participating Subdivision that becomes a Participating Subdivision while a Bar or Case-Specific Resolution involving a different Subdivision exists in its State shall receive twenty-five percent (25% %) of the share of future base or incentive payments that it would have received had it become a Later Participating Subdivision without such Bar or Case-Specific Resolution.
Appears in 1 contract
Samples: Distributor Settlement Agreement (Amerisourcebergen Corp)