Purchaser’s Right to Recover. If any Seller has paid an amount in discharge of any claim under this Agreement for breach of any Seller’s Warranty and subsequently the Purchaser recovers (whether by payment, discount, credit, relief, insurance or otherwise) from a third party a sum which indemnifies or compensates the Purchaser (in whole or in part) in respect of the loss or liability which is the subject matter of the claim, the Purchaser shall pay to such Seller as soon as practicable after receipt an amount equal to (i) the sum recovered from the third party less any costs and expenses incurred in obtaining such recovery and any Tax on any amounts recovered (or Tax that would have been payable on such amounts but for the availability of any Tax relief), or if less (ii) the amount previously paid by such Seller to the Purchaser. Any payment made by the Purchaser to such Seller under this Clause shall be made or procured by way of further adjustment of the Purchase Consideration.
Purchaser’s Right to Recover. If the Seller has paid to the Purchaser or a Group Company an amount in discharge of any Claim and subsequently the Purchaser or Group Company receives or recovers (whether by 47 SPA 2 payment, credit or otherwise) a sum from a third party which indemnifies or compensates the Purchaser or the Group Company (in whole or in part) for the loss or liability which is the subject matter of the Claim, the Purchaser shall, or shall procure that the relevant Group Company shall, pay to the Seller as soon as practicable after receipt an amount equal to: (i) any sum recovered from the third party less any costs and expenses incurred in obtaining such recovery less the net amount of any Taxation attributable to the recovery, or if less; (ii) the amount previously received from the Seller less the net amount of any Taxation attributable to it. Any payment made by the Purchaser to the Seller under this Clause 10.13 shall be made by way of further adjustment of the consideration paid by the Purchaser for the Shares and the provisions of Clause 3.4 shall apply mutatis mutandis.
Purchaser’s Right to Recover. 15.7.1 If the Purchaser or any other member of the Purchaser’s Group (including the Company) has a right to recover (including, for the avoidance of doubt, a right to recover from employees) or has been indemnified by any third party, including an insurer, in respect (in whole or in part) of a matter which has given rise to, or is reasonably likely to give rise to, a Claim related to the Seller’s Warranties referred to in Clause 15.3.1(a) (a Right to Recover), the Purchaser shall:
Purchaser’s Right to Recover. (a) If, before a Seller pays an amount in discharge of any Claim under or otherwise in connection with this Agreement, any member of the Purchaser’s Group is entitled to recover (whether by payment, set-off, discount, credit, relief, insurance or otherwise) from a third party a sum which indemnifies or compensates in whole or in part any member of the Purchaser’s Group in respect of the loss or liability which is the subject matter of the Claim, then at the election and in the sole discretion of the Seller, the Purchaser shall procure that all steps are taken to enforce recovery against the third party, and such Claim will be reduced or satisfied to the extent of such actual recovery.
Purchaser’s Right to Recover. 11.13.1 If, before the Seller pays an amount in discharge of any Seller’s Warranty Claim under or otherwise in connection with this Agreement, any Relevant Purchaser is entitled to recover (whether by payment, set-off, discount, credit, relief, insurance or otherwise) from a third party (including the insurance company) a sum which indemnifies or compensates any Relevant Purchaser (in whole or in part) in respect of the Loss which is the subject matter of the Seller’s Warranty Claim, then at the election and in the sole discretion of the Seller:
Purchaser’s Right to Recover. 10.10.1 Recovery for actual liabilities The Sellers shall not be liable under this Agreement in respect of any contingent liability unless and until such contingent liability becomes an actual liability and is due and payable.
Purchaser’s Right to Recover. 13.8.1 If, before (any of) the Sellers pay an amount in discharge of any claim under or otherwise in connection with this Agreement, any member of the Purchaser's Group is entitled to recover (whether by payment, set-off, discount, credit, relief, insurance or otherwise) from a third party a sum which indemnifies or compensates in whole or in part any member of the Purchaser's Group in respect of the Losses which are the subject matter of the claim, then at the election and in the sole discretion of the relevant Seller (in the case of an Individual Claim) or the Sellers' Delegate (for all other claims), the Purchaser shall procure that, before steps are taken to enforce a claim against the relevant Seller following notification under Clause 13.12 (Notification of claims), all reasonable steps are taken to enforce recovery against the third party, and following the actual recovery of such amount such claim shall be reduced or satisfied to the extent of such actual recovery, less any costs, expenses or non- recoverable Taxes reasonably incurred in effecting such recovery.
Purchaser’s Right to Recover. (a) Prior to recovery from Seller If, before Seller pays an amount in discharge of any Claim under this Agreement, Purchasers, the Group or any member of Purchasers’ Group 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 Purchasers, the Group or the member of Purchasers’ Group (in whole or in part) in respect of the loss which is the subject matter of the Claim, Seller, shall be entitled to request that Purchasers or any member of Purchasers’ Group takes all reasonable steps to enforce recovery against the third party and:
Purchaser’s Right to Recover. 9.10.1 Recovery for direct Losses Seller shall only be liable in respect of direct losses and shall not be liable in respect of any indirect or consequential losses.
Purchaser’s Right to Recover. If, before the Seller pays an amount in discharge of any claim under this Agreement, the Purchaser or the Company recovers (whether by payment, discount, credit, relief, insurance or otherwise) from a third party a sum which compensates the Purchaser or the Company (in whole or in part) in respect of the Loss or liability which is the subject matter of the claim, the Purchaser shall procure that, before steps are taken to enforce a claim against the Seller following notification in accordance with Clause 15.10 of this Agreement, 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. If there is a reasonable likelihood that the Purchaser and/or the Company may recover from a third party a sum which compensates the Purchaser and/or the Company (in whole or in part) in respect of a Loss or liability which is the subject matter of a claim, the Purchaser shall, or shall cause the Company to, take all reasonable actions to recover such amount from such third party.
