LTCI Claims. LTCI Claims (Classes 18 and 19) and any Assumed Third Party Claims related to such classes will be liquidated by tendering the defense thereof to (and enforcing the indemnity obligations of) the party or parties obligated to indemnify the Litigation Facility (as Debtor's assignee) for LTCI Claims under the applicable LTCI Indemnities relating thereto.

LTCI Claims. The Litigation Facility shall liquidate all LTCI Claims (Classes 18 and 19) and any Assumed Third Party Claims related to such classes as soon as administratively practicable by tendering the defense thereof to (and enforcing the indemnity obligations of) the parties or parties obligated to indemnify the Litigation Facility (as Debtor’s assignee) for LTCI Claims under the applicable LTCI indemnities relating thereto. The sole source of payment of LTCI Claims shall be the LTCI indemnities, and the Manager shall not use the Litigation Fund to pay any LTCI Claims.

LTCI Claims. 36 AMENDED JOINT DISCLOSURE STATEMENT WITH RESPECT TO AMENDED JOINT PLAN OF REORGANIZATION OF DOW CORNING CORPORATION

LTCI Claims. 88 6. Punitive Damages....................................... 88 7. Claims in Classes 11 Through 15 and 17................. 88 8. Claims in Class 16..................................... 88 K. Other Obligations of the Reorganized Debtor................. 88 6.7 Effects of Plan Confirmation..................................... 88 A. Discharge................................................... 88 B. Vesting..................................................... 88 C. Release..................................................... 89 1.

LTCI Claims. DCC has supplied certain silicone materials for use in the development of long term contraceptive implants ("LTCI") manufactured by Leiras Oy ("LEIRAS"), and has licensed certain technology to Leiras in connection with that product development. Leiras, in turn, contract manufactures its LTCI products for sale in the United States by the Wyeth-Ayerst Laboratories Division of the American Home Products Corporation ("AHP") pursuant to an agreement between Leiras and AHP. As a condition to the supply of silicone product to Leiras and for the licensing agreement reached with them, DCC obtained from Leiras and AHP indemnities on claims against DCC for product claims involving LTCIs. Leiras's prior parent corporation, the Finnish corporation Huhtamaki, guaranteed the performance of Leiras under its indemnity for non-U.S. sales. Subsequently, Leiras was acquired by Schering AG. Pending Schering's agreement to assume liabilities of Huhtamaki as guarantor, Huhtamaki remains a guarantor of the Leiras/AHP indemnity governing non-U.S. products. DCC is obligated pursuant to the indemnity agreements to reimburse Xxxxxx and AHP for certain exemplary or punitive damages paid by Leiras and/or AHP. DCC will assume these indemnity agreements which will result in DCC's continuing obligation to perform its reimbursement obligations for exemplary or punitive damages under the provisions of the indemnity agreements. As of the Petition Date, DCC (or certain of its Subsidiaries) had been named as defendants in approximately 60 lawsuits relating to LTCIs, involving approximately 600 individual plaintiffs, who assert product liability causes of action, alleging that a wide variety of physical and mental maladies resulted from hormonal release levels and other properties of the product, including prolonged menstrual bleeding, irregular menstrual cycles, headaches, dizziness, weight gain, weight loss, hair growth, hair loss, nervousness, moodiness, depression and other conditions. Some plaintiffs also allege that pain and/or scarring resulted from removal of the product from their inner arms. Defendants deny causation and liability and assert that physicians (learned intermediaries) were adequately warned of any complications associated with the use of the product. As claims and/or lawsuits are received, they are forwarded to AHP and Leiras for handling pursuant to their indemnities. To date, Leiras and AHP have acted pursuant to their indemnities to defend the lawsuits and respond to ...

LTCI Claims. LTCI Claims will be liquidated by tendering the defense thereof to (and enforcing the indemnity obligations of) the party or parties obligated to indemnify the Litigation Facility (as the Reorganized Debtor's assignee) for LTCI Claims under the applicable LTCI Indemnities relating thereto. 6.

Related to LTCI Claims

506(c) Claims Until the Discharge of Senior Obligations has occurred, each Second Priority Representative, on behalf of itself and each Second Priority Debt Party under its Second Priority Debt Facility, agrees that it will not assert or enforce any claim under Section 506(c) of the Bankruptcy Code or any similar provision of any other Bankruptcy Law senior to or on a parity with the Liens securing the Senior Obligations for costs or expenses of preserving or disposing of any Shared Collateral.
Tax Claims Notwithstanding any other provision of this Agreement, the control of any claim, assertion, event or proceeding in respect of Taxes of the Company (including, but not limited to, any such claim in respect of a breach of the representations and warranties in Section 3.22 hereof or any breach or violation of or failure to fully perform any covenant, agreement, undertaking or obligation in Article VI) shall be governed exclusively by Article VI hereof.
Litigation; Claims Any rights (including indemnification) and claims and recoveries under litigation of Seller against third parties arising out of or relating to events prior to the Closing Date;
Disputed Claims 4.1 Notwithstanding paragraph 4.5 of this Schedule, payment by the Authority of all or any part of any invoice rendered or other claim for payment by the Contractor shall not signify approval of such invoice/claim. The Authority reserves the right to verify invoices/claims after the date of payment and subsequently to recover any sums which have been overpaid.
Uncontested Claims In the event that the Indemnification ------------------ Representative does not contest a Notice of Claim (an "Uncontested Claim") in ----------------- writing within thirty (30) calendar days after receipt by the Escrow Agent of such Notice of Claim, as provided below in Section 2.3(b), Parent may deliver to the Escrow Agent, with a copy to the Indemnification Representative, a written demand by Parent (a "Parent Demand") stating that a Notice of Claim has been ------------- given as required in this Escrow Agreement and that no notice of contest has been received by the Escrow Agent from the Indemnification Representative during the period specified in this Escrow Agreement, and further setting forth the proposed Escrow Adjustments to be made in accordance with this Section 2.3(a). Within thirty (30) calendar days after receipt by the Escrow Agent of the Parent Demand, the Indemnification Representative may object by a written notice delivered to Parent and the Escrow Agent to the computations or other administrative matters relating to the proposed Escrow Adjustments (but may not object to the validity or amount of the Claim previously disclosed in the Notice of Claim and not previously timely objected to under paragraph (b)), whereupon the Escrow Agent shall not make any of the Escrow Adjustments until either: (i) Parent and the Indemnification Representative shall have given the Escrow Agent written notice setting forth agreed Escrow Adjustments, or (ii) the matter is resolved as provided in Sections 2.3(b) and 2.3(c). Upon satisfaction of the foregoing, the Escrow Agent, as directed in writing by Parent, and Parent shall promptly take all steps to release the final Escrow Adjustments.
Contested Claims In the event that the Indemnifying Party disputes the Claimed Amount, as soon as practicable but in no event later than ten (10) days after the receipt of the notice referenced in Section 10.2(b)(ii) hereof, the Parties will begin the process to resolve the matter in accordance with the dispute resolution provisions of Section 1.4 hereof. Upon ultimate resolution thereof, the Parties will take such actions as are reasonably necessary to comply with such agreement or instructions.
Unpaid Claims If a claim for indemnification (following the final disposition of such action, suit or proceeding) or advancement of expenses under this Section 10.02 is not paid in full within thirty (30) days after a written claim therefor by any person described in Section 10.02(a) has been received by the Partnership, such person may file proceedings to recover the unpaid amount of such claim and, if successful in whole or in part, shall be entitled to be paid the expense of prosecuting such claim. In any such action the Partnership shall have the burden of proving that such person is not entitled to the requested indemnification or advancement of expenses under applicable Law.
Derivative Claims Section 5. No Shareholder shall have the right to bring or maintain any court action, proceeding or claim on behalf of the Trust or any series or class of Shares without first making demand on the Trustees requesting the Trustees to bring or maintain such action, proceeding or claim. Such demand shall not be excused under any circumstances, including claims of alleged interest on the part of the Trustees, unless the plaintiff makes a specific showing that irreparable nonmonetary injury to the Trust or series or class of Shares would otherwise result. Such demand shall be mailed to the Secretary of the Trust at the Trust's principal office and shall set forth with particularity the nature of the proposed court action, proceeding or claim and the essential facts relied upon by the Shareholder to support the allegations made in the demand. The Trustees shall consider such demand within 45 days of its receipt by the Trust. In their sole discretion, the Trustees may submit the matter to a vote of Shareholders of the Trust or a series or class of Shares, as appropriate. Any decision by the Trustees to bring, maintain or settle (or not to bring, maintain or settle) such court action, proceeding or claim, or to submit the matter to a vote of Shareholders, shall be binding upon the Shareholders. Any decision by the Trustees to bring or maintain a court action, proceeding or suit on behalf of the Trust or a series or class of Shares shall be subject to the right of the Shareholders under Article V hereof to vote on whether or not such court action, proceeding or suit should or should not be brought or maintained.
Employee Claims Without limiting in any way the breadth of this Clause G2, Contractor specifically acknowledges its obligation to indemnify and defend the Covered Parties from and against any claim which may be asserted by or on behalf of any employee of Contractor, Subcontractors and suppliers alleging bodily injury, sickness, disease or death, or injury to or destruction of tangible property sustained by said employee in connection with the Work, unless caused by the sole negligence of the Covered Parties.
Employment Claims Any claim relating to any (a) violation by Kraft or the Eligible Recipients, or their respective officers, directors, employees, representatives or agents, of Federal, state, provincial, local, international or other Laws or regulations or any common law protecting persons or members of protected classes or categories, including laws or regulations prohibiting discrimination or harassment on the basis of a protected characteristic, (b) liability arising or resulting from a Transitioned Employee’s employment with Kraft prior to the Employment Effective Date with Supplier, (c) payment or failure to pay any salary, wages or other cash compensation due and owing to (i) any Kraft employee who does not become a Transitioned Employee or (ii) any Transitioned Employee prior to such Transitioned Employee’s Employment Effective Date with Supplier, (d) (i) all accrued employee pension or other benefits of any Kraft employee who does not become a Transitioned Employee and (ii) those employee pension or other benefits of any Transitioned Employee accruing prior to such Transitioned Employee’s Effective Employment Date with Supplier, (e) other aspects of any Transitioned Employee’s employment relationship with Kraft or the termination of such relationship, including claims for breach of an express or implied contract of employment, and/or (f) liability resulting from representations (oral or written) to the Kraft employees identified on the applicable Supplement by Kraft or the Eligible Recipients (or their respective officers, directors, employees, representatives or agents) with respect to their employment by Supplier or its Subcontractors or Affiliates (other than representations made with the authorization or approval of Supplier, representations that Supplier knew to be inaccurate and failed to correct and/or representations made by Supplier in this Agreement), except, in each case, to the extent resulting from the wrongful actions of Supplier, Supplier Affiliates or Subcontractors or their failure to comply with Supplier’s responsibilities under this Agreement, or involving any matters for which Supplier has an indemnity obligation under Section 17.1.11; and

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