Return of Assets. In the event that the Ceding Insurer withdraws assets from the Reinsurance Trust Account for the purposes set forth in Article 10.E.2.a in excess of actual amounts required to meet the Reinsurer’s obligations to the Ceding Insurer under this Agreement (in each case, a “Ceding Insurer Additional Withdrawal” and such amount withdrawn, the “Ceding Insurer Additional Withdrawal Amount”), the Ceding Insurer will pay interest on the Ceding Insurer Additional Withdrawal Amount (the “Ceding Insurer Additional Withdrawal Interest”) at a per annum rate equal to the prime rate of interest as published in The Wall Street Journal, calculated by the Ceding Insurer on the basis of the actual number of days elapsed and a 360-day year, until such amounts are returned to the Reinsurance Trust Account (the “Ceding Insurer Additional Withdrawal Return Amount”).
Return of Assets. Upon the resignation or removal of a Tender Agent, such Tender Agent shall deliver any Bonds, the Liquidity Facilities (if the Tender Agent is the beneficiary thereunder) and moneys held by it in such capacity to its successor.
Return of Assets. In the event that the Company withdraws assets from the Trust Account for the purposes set forth in Section 12.07(i) or (ii) in excess of actual amounts required to meet the Reinsurer's obligations to the Company, or in excess of amounts determined to be due under Section 12.07(iii), the Company shall return such excess to the Reinsurer, plus interest at the prime (or base) rate of interest as set forth in Section 8.06 of this Agreement. In the event of a dispute arising under this Article XII, the arbitration panel established pursuant to Article XI of this Agreement shall have the right to award interest at a rate that it determines to be equitable, and may award attorney's fees, arbitration costs and other expenses.
Return of Assets. (a) Upon the expiration of the Term or termination of this Agreement for any reason, each party hereto shall (and shall cause its Affiliates to) immediately return to the other all Confidential Information of the other party and the other party's Affiliates. Notwithstanding the foregoing, Xerox shall have the right to retain and use any of Flextronics' Confidential Information to the extent necessary to continue servicing Products and each party shall have the right to retain one copy of the other party's (and its Affiliates') Confidential Information for archival purposes.
(b) Upon the expiration of the Term or termination of this Agreement for any reason, Flextronics and the Flextronics Affiliated Companies shall promptly return to Xerox all Xerox Intellectual Property and any of the Xerox-Owned Assets in the possession, under the control or located on the premises, of Flextronics or any Flextronics Affiliated Company. Alternatively, at the request of Xerox, Flextronics shall make disposition in accordance with Xerox's written instructions which shall be issued within thirty (30) calendar days after the expiration or termination of this Agreement. However, Flextronics shall be entitled to retain any such Xerox Intellectual Property and Xerox-Owned Assets to the extent the same is required in order for Flextronics and the Flextronics Affiliated Companies to fulfill (and only until such time as Flextronics and the Flextronics Affiliated Companies have fulfilled) any continuing obligations under this Agreement.
Return of Assets. In the event there is a material breech of this Agreement including but not limited to a default not subsequently cured under the Promissory Note, the Assets will promptly be returned and the License for Technology and the Trademarks will be canceled.
Return of Assets. In the event this Agreement is terminated for any reason, Hanover shall deliver possession of all assets and records of OEC in its possession, less any assets disposed of in the ordinary course of business during the Term of Agreement or otherwise disposed of in accordance with the terms of this Agreement.
Return of Assets. (a) If, at any time after the Closing, any asset held by the Company Group is ultimately determined to be an asset owned by any of the Sellers or any of their Affiliates prior to the Closing, (i) the Company shall return or transfer and convey (without further consideration) to such Seller or Affiliate of such Seller, and such Seller shall cause such Affiliate to accept or assume, as applicable, such asset; (ii) the Sellers shall cause such Affiliate to assume (without further consideration) any Liabilities associated with such asset; and (iii) the Company shall, and such Seller shall cause such Affiliate to, execute such documents or instruments of conveyance or assumption and take such further acts which are reasonably necessary or desirable to effect the transfer of such asset back to such Seller or such Affiliate, in each case such that each party is put into the same economic position as if such action had been taken on or prior to the Closing Date.
(b) If, at any time after the Closing, any asset held by the Sellers or their Affiliates is ultimately determined to be an asset owned by the Company or any of its Subsidiaries, (i) such Seller shall or shall cause to return or transfer and convey (without further consideration) to the Company or the appropriate Subsidiary of the Company, and the Company shall or shall cause such Subsidiary to accept or assume, as applicable, such asset; (ii) the Company shall or shall cause such Subsidiary to assume (without further consideration) any 40 Liabilities associated with such asset; and (iii) such Seller shall or shall cause such Affiliate to, and the Company shall or shall cause such Subsidiary to, execute such documents or instruments of conveyance or assumption and take such further acts which are reasonably necessary or desirable to effect the transfer of such asset back to the Company or such Subsidiary, in each case such that each party is put into the same economic position as if such action had been taken on or prior to the Closing Date.
Return of Assets. Unless otherwise agreed upon by the Parties, upon completion of a Task Order or termination of this Agreement for any reason, within three (3) business days, Vendor shall initiate return of any physical technology assets to Citizens in the condition in which the assets were provided to Vendor. Vendor shall provide tracking information to Citizens’ Contract Manager. Failure to return any physical technology assets will result in the Vendor being invoiced for the cost of the asset(s).
Return of Assets. At any time following the Effective Date, if the Trust becomes aware that any asset primarily related to the Acetyls Business, the F&F Business or any of the assets or businesses of the Reorganized Debtors is held by MCI or the MCI Subsidiaries, including any real property, the Trust will execute such documents as are reasonably requested by Lyondell in order to transfer such assets to Lyondell or its Affiliates.
Return of Assets. (a) Prior to termination of the Trust, except (i) following a Change in Control or (ii) during a Threatened Change in Control Period, the Trustee shall, upon the Company’s written request, deliver all or any portion of the trust assets to the Company, and allow the cancellation of any Credits previously contributed to the Trust, leaving a minimum corpus of $100.
(b) Following a Change in Control, if the assets of the Trust Fund exceed 120% of the present value (as determined under generally accepted accounting principles) of the amount which would be payable to all Participants and Beneficiaries in the Plan if all such persons were to become immediately entitled to receive all benefits reflected on the Payment Schedule (the amount of such excess being referred to as the “Excess Assets”), the Trustee shall, upon the Company’s written request, deliver all or any portion of such Excess Assets to the Company.
