Common use of Pre-Distribution Claims Clause in Contracts

Pre-Distribution Claims. (a) With respect to existing occurrence based policies and (to the extent such claims have been or are drawn back to a period prior to the Distribution Date) claims made policies, for any claim asserted against any LENSAR Entity after the Distribution Date arising out of an occurrence or Loss taking place prior to the Distribution Date (“Pre-Distribution Claim”), the applicable LENSAR Entity may access coverage under the Insurance Policies under which the applicable LENSAR Entity is (or was) insured and PDL shall cooperate with the applicable LENSAR Entity in connection with the tendering of such claims. (b) In the event that a Pre-Distribution Claim relates to the same occurrence for which any PDL Entity is seeking coverage under an Insurance Policy, and the limits under the applicable Insurance Policy are not sufficient to fund all covered claims of the applicable PDL Entity and the applicable LENSAR Entity, amounts due under such Insurance Policy shall be paid to the respective Entities in proportion to the amounts which otherwise would be due were the limits of liability infinite. (c) After the Distribution Date, any third-party administrator fees and deposits related to claims made under any Insurance Policy shall be paid in accordance with the protocol historically used prior to the Distribution Date.

Pre-Distribution Claims. (a) With respect to existing occurrence based policies and (to the extent such claims have been or are drawn back to a period prior to the Distribution Date) claims made policies, for any claim asserted against any LENSAR SeaSpine Entity after the Distribution Date arising out of an occurrence or Loss taking place prior to the Distribution Date (“Pre-Distribution Claim”), the applicable LENSAR SeaSpine Entity may access coverage under the Insurance Policies under which the applicable LENSAR SeaSpine Entity is (or was) insured and PDL Integra shall cooperate with the applicable LENSAR SeaSpine Entity in connection with the tendering of such claims. (b) In the event that a Pre-Distribution Claim relates to the same occurrence for which any PDL Integra Entity is seeking coverage under an Insurance Policy, and the limits under the applicable Insurance Policy are not sufficient to fund all covered claims of the applicable PDL Integra Entity and the applicable LENSAR SeaSpine Entity, amounts due under such Insurance Policy shall be paid to the respective Entities in proportion to the amounts which otherwise would be due were the limits of liability infinite. (c) After the Distribution Date, any third-party administrator fees and deposits related to claims made under any Insurance Policy shall be paid in accordance with the protocol historically used prior to the Distribution Date.

Pre-Distribution Claims. (a) a. With respect to existing occurrence based policies and (to the extent such claims have been or are drawn back to a period prior to the Distribution Date) claims made policies, for any claim asserted against any LENSAR Entity after the Distribution Date arising out of an occurrence or Loss taking place prior to the Distribution Date (“Pre-Distribution Claim”), the applicable LENSAR Entity may access coverage under the Insurance Policies under which the applicable LENSAR Entity is (or was) insured and PDL shall cooperate with the applicable LENSAR Entity in connection with the tendering of such claims. (b) b. In the event that a Pre-Distribution Claim relates to the same occurrence for which any PDL Entity is seeking coverage under an Insurance Policy, and the limits under the applicable Insurance Policy are not sufficient to fund all covered claims of the applicable PDL Entity and the applicable LENSAR Entity, amounts due under such Insurance Policy shall be paid to the respective Entities in proportion to the amounts which otherwise would be due were the limits of liability infinite. (c) c. After the Distribution Date, any third-party administrator fees and deposits related to claims made under any Insurance Policy shall be paid in accordance with the protocol historically used prior to the Distribution Date.