Common use of Prior to Recovery from the Seller etc Clause in Contracts

Prior to Recovery from the Seller etc. If, before the Seller pays an amount in discharge of any claim under this Agreement, the Buyer or the Company recovers or is entitled to recover (whether by payment, discount, credit, relief, insurance or otherwise) from a third party a sum which indemnifies or compensates the Buyer or Company (in whole or in part) in respect of the loss or liability which is the subject matter of the claim under this Agreement, the Buyer shall procure that, before steps are taken to enforce a claim against the Seller following notification under this Agreement, all reasonable steps are taken to enforce such recovery and any actual recovery (less any reasonable costs incurred in obtaining such recovery) shall reduce or satisfy, as the case may be, such claim to the extent of such recovery.

Prior to Recovery from the Seller etc. If, before the Seller pays an amount in discharge of any claim under this AgreementClaim, the Buyer Purchaser or the any Group Company recovers or is entitled to recover (whether by payment, discount, credit, relief, insurance or otherwise) from a third party a sum which indemnifies or compensates the Buyer Purchaser or Group Company (in whole or in part) in respect of for the loss or liability which is the subject matter of the claim under this AgreementClaim, the Buyer Purchaser shall procure that, before steps are taken to enforce a claim Claim against the Seller following notification under Clause 10.2 of this Agreement, all reasonable steps that are capable of being promptly undertaken are taken to enforce such the recovery against the third party and any actual recovery (less any reasonable costs incurred in obtaining such recoveryrecovery less any tax payable thereon or which would have been payable but for the availability of any relief) shall reduce or satisfy, as the case may be, such claim Claim to the extent of such recovery.

Prior to Recovery from the Seller etc. If, before the Seller pays an amount in discharge of any claim under this Agreement, the Buyer Purchaser or the any Group Company recovers or is entitled to recover (whether by payment, discount, credit, relief, insurance or otherwise) from a third party a sum which indemnifies or compensates the Buyer Purchasers or Group Company (in whole or in part) in respect of the loss or liability which is the subject matter of the claim under this Agreementclaim, the Buyer Purchasers shall procure that, before steps are taken to enforce a claim against the Seller following notification under Clause 10.2 of this AgreementAgreement or the Environmental Indemnity, all reasonable steps are taken to enforce such recovery from such third party and any actual recovery (less any reasonable costs incurred in obtaining such recovery) shall reduce or satisfy, as the case may be, such claim to the extent of such recovery. The Seller shall be subrogated to all rights that the relevant Purchaser has or would otherwise have in respect of the claim against the third party.

Prior to Recovery from the Seller etc. If, before the Seller pays an amount in discharge of any claim under this AgreementClaim, the Buyer Purchaser or the Company recovers or is entitled to recover (whether by payment, discount, credit, relief, insurance or otherwise) from a third party a sum which indemnifies or compensates the Buyer Purchaser or the Company (in whole or in part) in respect of for the loss or liability which is the subject matter of the claim under this AgreementClaim, the Buyer Purchaser shall procure that, before steps are taken to enforce a claim the Claim against the Seller following notification under this AgreementClause 12.2, all reasonable steps are taken to enforce such the recovery against the third party and any actual recovery (less any reasonable costs incurred in obtaining such recovery) shall reduce or satisfy, as the case may be, such claim Claim to the extent of such recovery.

Prior to Recovery from the Seller etc. If, before the Seller pays an amount in discharge of any claim under this AgreementClaim, the Buyer Investor, any member of the Investor’s Group or the any XxxX Group Company recovers or is entitled to recover (whether by payment, discount, credit, relief, insurance or otherwise) from a third party a sum which indemnifies or compensates the Buyer Investor, any member of the Investor’s Group or any XxxX Group Company (in whole or in part) in respect of for the loss or liability which is the subject matter of the claim under this AgreementClaim, the Buyer Investor shall procure that, before steps are taken to enforce a claim Claim against the Seller following notification under this AgreementClause 14.2, all reasonable steps are taken to enforce such the recovery against the third party and any actual recovery (less any Taxation suffered thereon and any reasonable costs incurred in obtaining such recovery) shall reduce or satisfy, as the case may be, such claim Claim to the extent of such recovery.

Prior to Recovery from the Seller etc. If, before the Seller pays an amount in discharge of any claim under this AgreementFurther Claim, the Buyer Investor, any member of the Investor’s Group or the any XxxX Group Company recovers or is entitled to recover (whether by payment, discount, credit, relief, insurance or otherwise) from a third party a sum which indemnifies or compensates the Buyer Investor, any member of the Investor’s Group or any XxxX Group Company (in whole or in part) in respect of for the loss or liability which is the subject matter of the claim under this AgreementFurther Claim, the Buyer Investor shall procure that, before steps are taken to enforce a claim Further Claim against the Seller following notification under this AgreementClause 8.2, all reasonable steps are taken to enforce such the recovery against the third party and any actual recovery (less any Taxation suffered thereon and any reasonable costs incurred in obtaining such recovery) shall reduce or satisfy, as the case may be, such claim Further Claim to the extent of such recovery.

Prior to Recovery from the Seller etc. If, before the Seller pays an amount in discharge of any claim under this AgreementRelevant Claim, the Buyer Purchaser or the any Target Group Company recovers or is entitled to recover or has a right of recovery or an indemnity (whether by payment, discount, credit, relief, insurance or otherwise) from a third party a sum which indemnifies or compensates the Buyer Purchaser or Target Group Company (in whole or in part) in respect of the loss or liability which is the subject matter of the claim under this Agreementclaim, the Buyer Purchaser shall procure that, before steps are taken to enforce a claim against the Seller following notification under Clause 11.2 of this Agreement, all reasonable steps are taken to enforce such the recovery against the third party and any actual recovery (less any reasonable costs costs, including Tax, incurred in obtaining such recovery) shall reduce or satisfy, as the case may be, such claim to the extent of such recovery.