Recovery from Insurers and other Third Parties. 6.1 If, in respect of any matter which would give rise to a claim under the Warranties, any member of the Purchaser’s Group or relevant Seller’s Retained Group (as the case may be) is or may be entitled to claim under any policy of insurance in respect of any matter or event that is likely to give rise to a claim, then no such matter shall be the subject of a claim under the Warranties unless and until the appropriate member of the Purchaser’s Group or relevant Seller’s Retained Group (as the case may be) shall have made a claim against its insurers and used reasonable endeavours to pursue such claim. If the Purchaser or any member of the Purchaser’s Group shall recover any amount from such insurance claim, the amount of the claim against the Seller shall be reduced by the amount so recovered (less (i) all reasonable costs of recovery, (ii) any Tax thereon, and (iii) any directly related increase in the future premiums payable for such insurance).
Recovery from Insurers and other Third Parties. If, in respect of any matter which would give rise to a Covenant Claim or Retained Environmental Liability Claim under this Schedule, the Indemnified Party or any Relevant Protected Person is entitled to recover or has recovered, from any third party, any sum by reason of or in respect of the matter giving rise to the Covenant Claim or Retained Environmental Liability Claim then the Indemnified Party shall take and shall ensure that each Relevant Protected Person will take, such steps to obtain such recovery as the Indemnifying Party may reasonably request, and the amount of the Covenant Claim or Retained Environmental Liability Claim shall be reduced by the amount of the recovery (less reasonable costs and expenses incurred by the Indemnified Party or the Relevant Protected Person in effecting such recovery).
Recovery from Insurers and other Third Parties. (A) If, in respect of any matter which would give rise to a claim under the Warranties any member of the Purchaser's Group is entitled to claim under any policy of insurance (other than an insurance claim with no reasonable prospect of success) then, having notified the Vendor of the claim in writing in accordance with PARAGRAPH 2, the Purchaser shall not further pursue that claim under the Warranties unless and until the appropriate member of the Purchaser's Group shall have made a claim against its insurers and used all reasonable endeavours to pursue such insurance claim including where reasonable and appropriate commencing and prosecuting proceedings against insurers. There shall be no liability under the Warranties to the extent of the amount recovered under any such insurance claim except to the extent:
Recovery from Insurers and other Third Parties. 5.1 If, in respect of any matter which would give rise to a Claim, the Purchaser or the Company is entitled to claim under any policy of insurance, then no such matter shall be the subject of a Claim unless and until the Purchaser or the Company shall have made a claim against the insurers and used all reasonable endeavours to pursue such claim and any Claim shall be reduced by the amount recovered under such policy provided that the time limit in paragraph 2 shall not expire until 18 months after the insurance claim has been settled or determined.
Recovery from Insurers and other Third Parties. 5.1 If, in respect of any matter which would give rise to a claim under the Warranties, any member of the Purchaser’s Group is entitled to claim under any policy of insurance, [***] Confidential Treatment Requested then no such matter shall be the subject of a claim under any such Warranties unless and until the appropriate member of the Purchaser’s Group shall have made a claim against its insurers and used all reasonable endeavours to pursue such claim and any such insurance claim shall then reduce by the amount recovered or extinguish any such claims under any such Warranties.
Recovery from Insurers and other Third Parties. 6.1. If, in respect of any matter which would give rise to a Claim, either the Target Company or the Purchaser or any of its Affiliates is entitled to claim under any policy of insurance (or the Target Company could have been entitled to claim if after the Completion Date insurance had been maintained on terms similar to that in force in relation to the Target Company immediately prior to Completion), then no such matter will be the subject of a Claim.
Recovery from Insurers and other Third Parties. 8.1 If in respect of any matter which would give rise to a claim against any member of the Retained Group under any Purchase Document (including, without limitation, under the Specific Indemnities but excluding any claim under the Tax Covenant, LTIP Indemnity or in respect of a breach of the Tax Warranties) any member of the Purchaser’s Group is entitled to claim under any policy of insurance:
Recovery from Insurers and other Third Parties. (A) If, in respect of any matter which would give rise to a claim under the Warranties or under the Environmental Covenant, any member of the Purchaser’s Group is entitled to claim under any policy of insurance, then no such matter shall be the subject of a claim under the Warranties or under the Environmental Covenant, unless and until the appropriate member of the Purchaser’s Group shall have made a claim against its insurers and used all reasonable endeavours to pursue such claim and any such insurance claim shall then reduce by the amount recovered or extinguish any such claims under the Warranties or under the Environmental Covenant.
Recovery from Insurers and other Third Parties. (A) Where the Purchaser or any member of the Purchaser's Group is at any time entitled to recover from some other person, the Purchaser shall, and shall procure that the member of the Purchaser's Group concerned shall, take all reasonable steps to enforce such recovery PROVIDED THAT the Purchaser or the relevant member of the Purchaser's Group shall not be required to have recovered any sum from any third party prior to bringing a claim against the Sellers or any Business Seller and the Sellers or any Business Seller making any payment which is due in respect of any such claim.
Recovery from Insurers and other Third Parties. (A) If, in respect of any matter which would give rise to a claim under the Warranties, any member of the Purchaser's Group is entitled (or would have been so entitled had any of them maintained in force the policies of insurance maintained by or on behalf of the relevant member of the Group immediately prior to Completion or policies providing equivalent cover thereto) to claim under any policy of insurance, then no such matter shall be the subject of a claim under the Warranties unless and until the appropriate member of the Purchaser's Group shall have made a claim against its insurers and used all reasonable endeavours to pursue such claim and any such insurance claim (or any claim which could have been made had such policies or their equivalents been maintained as aforesaid) shall then reduce by the amount recovered or extinguish any such claims under the Warranties.
