Policies and Rights Included Within the SpinCo Assets. Without limiting the generality of the definition of the SpinCo Assets, the SpinCo Assets shall include: (a) any and all rights of an insured party under each of the Shared Policies (including rights of indemnity and the right to be defended by or at the expense of the insurer), with respect to any injuries, losses, Liabilities, damages and expenses incurred or claimed to have been incurred on or prior to the Closing Date by any Party in connection with the conduct of the Symmetry Surgical Business, and which injuries, losses, liabilities, damages and expenses may have or have arisen out of insured or insurable occurrences or events under one or more of the Shared Policies; provided, however, that nothing in this Section 4.1 shall be deemed to constitute (or to reflect) the assignment of the Shared Policies, or any of them, to SpinCo; and (b) the SpinCo Policies set forth on Schedule 2.2(k)(ii).
Appears in 2 contracts
Samples: Separation Agreement (Symmetry Surgical Inc.), Separation Agreement (Symmetry Medical Inc.)
Policies and Rights Included Within the SpinCo Assets. Without limiting the generality of the definition of the SpinCo Assets, the SpinCo Assets shall include: (a) any and all rights of an insured party under each of the Shared Policies (Policies, including rights of indemnity and the right to be defended by or at the expense of the insurer), with respect to any all injuries, losses, Liabilities, damages and expenses incurred or claimed to have been incurred on or prior to the Closing Redemption Date by any Party in connection with the conduct of Online Business or, to the Symmetry Surgical Businessextent any claim is made against the Parties or their respective Affiliates, and which injuries, losses, liabilities, damages and expenses may have or have arisen arise out of insured or insurable occurrences or events under one or more of the Shared Policies; provided, however, that nothing in this Section 4.1 shall be deemed to constitute (or to reflect) the assignment of the Shared Policies, or any of them, to SpinCo; and (b) the SpinCo Policies set forth on Schedule 2.2(k)(ii)Policies.
Appears in 2 contracts
Samples: Separation and Redemption Agreement (Sizmek Inc.), Separation and Redemption Agreement (New Online Co)