Xxxxxxxx Litigation. (a) As at the Final Settlement Date the overall net recovery by the Group in relation to the final settlement or other determination of the Xxxxxxxx Litigation is less than (pound) [***] after taking account of any amounts agreed or determined to be payable to Network Rail, the SRA or any other person.
(b) At any time prior to the Final Settlement Date the aggregate value of the Interim Recovery is less than (pound) [***]
Xxxxxxxx Litigation. Following the Closing, upon the request of Zurich Insurance Group, Purchasers shall, or shall cause their applicable Affiliate to, make any Business Employees available to Zurich Insurance Group in connection with any Legal Proceedings arising out of the Xxxxxxxx Agreements. Sellers shall reimburse Purchasers for such assistance at the rates set forth in the TSA.
Xxxxxxxx Litigation. By signing this Agreement, the Sponsor certifies that none of the funds received from this Agreement shall be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The chief executive officer of this Sponsor agency shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The Sponsor shall abide by its respective Attachment in 2 C.F.R. Part 200 (as updated), which prohibits the use of federal grant funds for litigation against the United States or for lobbying or other political activities. For subawards exceeding $100,000, EPA requires the following certification and disclosure forms:
1) Certification Regarding Lobbying, EPA Form 6600-06: xxxx://xxx.xxx.xxx/ogd/AppKit/form/Lobbying_sec.pdf
2) Disclosure of Lobbying Activities, SF LLL: xxxx://xxx.xxx.xxx/ogd/AppKit/form/sflllin_sec.pdf
3) Legal expenses required in the administration of Federal programs are allowable. Legal expenses for prosecution of claims against the Federal Government are unallowable.
Xxxxxxxx Litigation. HEALTHSOUTH, Seller and Buyer agree that all rights and liabilities of Seller or any Affiliate of Seller, whether or not such Affiliate is a Transferred Subsidiary, with respect to litigation brought by Seller or any Affiliate of Seller against Xxxxx Xxxxxxxx, Xxxxxx Xxxxxxxx and their Affiliates (collectively, the "Ortenzios"), or by the Ortenzios against Seller or any Affiliate of Seller, shall constitute Excluded Assets and Excluded Liabilities, and Buyer and its Affiliates shall have no rights or obligations with respect to any amounts receivable or payable with respect to the prosecution and defense of such litigation or any judgments, awards, amounts paid in settlement or other costs or proceeds of such litigation. Any liabilities which may be asserted against Buyer or its Affiliates (including, after the Closing, any Transferred Subsidiaries) with respect to such litigation shall be subject to the indemnification provisions of Sections 11.3, 11.5 and 11.6 of the Agreement. Buyer acknowledges that neither HEALTHSOUTH nor Seller has made any representation to Buyer concerning the value of such litigation. Buyer shall cause the Transferred Subsidiaries to cooperate as reasonably requested by HEALTHSOUTH or Seller, at the expense of HEALTHSOUTH or Seller, with respect to such litigation.
Xxxxxxxx Litigation. Buyer shall permit, and shall cause HCI and HCIV to -------------------- permit, Sellers to have reasonable control over the Xxxxxxxx Litigation, including with respect to decisions to continue litigation and settle at Sellers' cost; provided that Sellers shall consult periodically with Buyer concerning the Xxxxxxxx Litigation. The Xxxxxxxx Litigation shall not be settled without the prior written approval of Sellers. In the event that Buyer or any of its affiliates receive any proceeds from the Xxxxxxxx Litigation by settlement, judgment or otherwise all such proceeds shall be the property of Sellers and Buyer shall cause the immeditate payment thereof to Sellers.
Xxxxxxxx Litigation. The REIT's obligation to close is conditioned upon the settlement (as evidenced by a full release or dismissal with prejudice by the applicable court) or other disposition, acceptable to the REIT in it sole and absolute discretion, prior to Closing, of the litigation commenced by Xxxxx X. Xxxxxxxx and LRC Industries, Inc. against DKH, Inc., Stamford Xxxxxxxx Associates, L.P. and Xxxxxx X. Xxxxxxx, in the Stamford/Norwalk Judicial District, which summons had a return date of December 12, 2000, as well as any other possible ancillary litigation relating thereto which may affect either the Property or Contributor's ability to perform its obligations under this Agreement (collectively, the "Xxxxxxxx Litigation").
Xxxxxxxx Litigation. In addition to any other adjustments to the Conversion Price required hereunder, the Conversion Price will be reduced (x) by $0.005 for each 250,000 shares of Common Stock (or Options or Convertible Securities exercisable or exchangeable or convertible therefor) of SDINC issued in connection with the settlement of the claims asserted in the XxXxxxxx Litigation as described in Exhibit E (the “XxXxxxxx Litigation”) and (y) by $0.01 for each increment of $50,000 paid in connection with the settlement of the claims asserted in the XxXxxxxx Litigation.
