No Execution. All funds in the Trust are deemed in custodia legis until such times as the funds have actually been paid to and received by a Claimant or any other person or entity, and no Claimant or any other person or entity can execute upon, garnish or attach the Trust corpus in any manner or compel payment from the Trust of any claim. Payments of allowed Claims are governed solely by the Plan, the Settlement Facility Agreement, the Claims Resolutions Procedures, the Litigation Facility Agreement and the Funding Payment Agreement.
No Execution. All funds in the Settlement Facility are deemed in custodia legis until such times as the funds have actually been paid to and received by a Claimant, and no Claimant or any other party can execute upon, garnish or attach the Settlement Facility in any manner or compel payment from the Settlement Facility of any Claim. Payment of Claims will be governed solely by the Plan, this Settlement Facility Agreement, the Claims Resolution Procedures, and the Funding Payment Agreement.
No Execution. All funds in the Liquidation Trust shall be deemed in custodia legis until such times as the funds have actually been paid to or for the benefit of a Liquidation Trust Beneficiary, and no Liquidation Trust Beneficiary or any other Person can execute upon, garnish or attach the Liquidation Trust Assets or the Liquidation Trust in any manner or compel payment from the Liquidation Trust except by Final Order of the Bankruptcy Court. Payment will be solely governed by this Agreement and the Plan.
No Execution. All funds in the Litigation Trust shall be deemed in custodia legis until such times as the funds have actually been paid to or for the benefit of a holder of a Litigation Trust Interest, and no holder of a Litigation Trust Interest or any other Person can execute upon, garnish or attach the Litigation Trust Assets in any manner or compel payment LITIGATION TRUST AGREEMENT - 32 - from the Litigation Trust except by an order of the Bankruptcy Court. Distributions from the Litigation Trust will be governed solely by the Plan and this Agreement.
No Execution. All funds in the Litigation Facility are deemed in custodia legis, and no Claimant or any other party can execute upon, garnish or attach the Litigation Facility estate in any manner or compel payment from the Litigation Facility of any Litigation Facility Obligation. Payment of Litigation Facility Obligations will be governed solely by the Plan, this Agreement and the Claims Resolution Procedures specified herein, the Settlement Facility Agreement and the Funding Payment Agreement. In order to receive payment for a Subrogation or Reimbursement Claim a Subrogation Claimant must meet all of the following requirements, to the extent such requirements are consistent with governing law:
1. Identify by name and social security number the individual Claimant whose medical expenses gave rise to the Subrogation Claim.
2. Show that the implant(s) of the Claimant with respect to whose claim subrogation is being sought was (were) manufactured by DCC.
3. Prove that the items and services for which payment was made under the plan or policy were necessitated by the implantation of a DCC product, i.e., that the DCC implant was the proximate cause of the condition necessitating the items and services the payment for which gave rise to the Subrogation Claim.
4. Identify the actual dollar amount of the Subrogation Claim, and the specific items and services for which such amounts were paid.
5. Show that the Claimant was covered under a plan or policy of the Subrogation Claimant at the time the medical expenses were incurred with respect to which subrogation is being sought.
6. Show that the terms of the plan or policy in effect at the time the Subrogation Claim arose provide the plan or insurer with subrogation rights against a third party payor and not merely reimbursement rights against recoveries by the covered individual.
7. Show that medical expenses that give rise to the Subrogation Claim were properly payable under the terms of the plan or policy (e.g., were the expenses medically necessary, were the amounts paid reasonable and customary, were the amounts paid not subject to copayments and deductibles, were the items and services provided for non-cosmetic purposes or that the plan or policy paid for cosmetic procedures).
8. Show that the coordination of benefits ("COB") provision does not state that the amounts claimed as subject to subrogation were properly the payment obligation of another plan or policy, and that no other third party payor has paid all or part of t...
No Execution. All funds in the Liquidating Trust shall be deemed in custodia legis until such times as the funds have actually been paid to or for the benefit of a Beneficiary, and no Beneficiary or any other Person can bind, pledge, encumber, execute upon, garnish, or attach the Liquidating Trust Assets or the Liquidating Trustee in any manner or compel payment from the Liquidating Trust except by order of the Bankruptcy Court. Payment will be governed solely by this Agreement, the Combined Disclosure Statement and Plan, or the Confirmation Order.
No Execution. All funds in the PLC Litigation Trust shall be deemed in custodia legis until such times as the funds have actually been paid to or for the benefit of a Beneficiary, and no Beneficiary or any other Person can execute upon, garnish or attach the Litigation Trust Assets or the PLC Litigation Trust in any manner or compel payment from the PLC Litigation Trust except by Final Order of the Bankruptcy Court. Payment will be solely governed by this Agreement and the MRC/Marathon Plan.
No Execution. All funds in the Litigation Facility are deemed in custodia legis, and no Claimant or any other party can execute upon, garnish or attach the Litigation Facility estate in any manner or compel payment from the Litigation Facility of any Litigation Facility Obligation. Payment of Litigation Facility Obligations will be governed solely by the Plan, this Agreement and the Claims Resolution Procedures specified herein, the Settlement Facility Agreement and the Funding Payment Agreement.
No Execution. All funds in the Unsecured Claims Trust shall be deemed in custodia legis until such times as the funds have actually been paid to for the benefit of a holder of an Unsecured Claims Trust Interest, and no holder of an Unsecured Claims Trust Interest or any other person or Person can execute upon, garnish or attach the assets of the Unsecured Claims Trust in any manner or compel payment from the Unsecured Claims Trust except by an order of the Bankruptcy Court. Distributions from the Unsecured Claims Trust will be governed solely by the Plan and this Unsecured Claims Trust Agreement.
No Execution. All funds in the Distribution Trust will be deemed in custodia legis until such times as the funds have actually been paid to or for the benefit of a Beneficiary, and no Beneficiary or any other person can execute upon, garnish or attach the Distribution Trust Assets or the Distribution Trust in any manner or compel payment from the Distribution Trust except by order of the Bankruptcy Court. Payment will be solely governed by the Plan and this Agreement.
