D&O Liability Insurance Policy definition
Examples of D&O Liability Insurance Policy in a sentence
D&O Insurance Each D&O Liability Insurance Policy (including, without limitation, any “tail policy” and all agreements, documents, or instruments related thereto) shall be deemed assumed without the need for any further notice to or action, order, or approval of the Bankruptcy Court, as of the Plan Effective Date, pursuant to section 365 of the Bankruptcy Code.
On the Effective Date, each D&O Liability Insurance Policy shall be deemed and treated as an Executory Contract that is and shall be assumed by the Debtors (and assigned to the applicable Reorganized Debtors, if necessary) pursuant to section 365(a) and section 1123 of the Bankruptcy Code as to which no proof of Claim, request for administrative expense, or cure claim need be Filed, and all Claims arising from the D&O Liability Insurance Policies shall survive the Effective Date and be Unimpaired.
On the Effective Date, as appropriate and in their sole discretion, the Reorganized Debtors may obtain a D&O Liability Insurance Policy with respect to the Reorganized Debtors.
Employee shall continue to be designated as a named insured under Lions Gate's D&O Liability Insurance Policy notwithstanding Employee's change of title and responsibility.
Alternatively, if the D&O Liability Insurance Policy has not expired, the Debtors shall assume (and assign to the Reorganized Debtors if necessary), pursuant to section 365(a) of the Bankruptcy Code, pursuant to the terms of the Plan and Confirmation Order, the D&O Liability Insurance Policy.
The Parties acknowledge, however, that nothing in this Agreement is intended to or has the effect of altering or modifying the terms and conditions of the Company's D&O Liability Insurance Policy or the benefits provided to Employee thereunder.
On the Effective Date, each D&O Liability Insurance Policy shall be deemed and treated as an Executory Contract that is and will be assumed by the Debtors (and assigned to the applicable Reorganized Debtors, if necessary) pursuant to section 365(a) and section 1123 of the Bankruptcy Code as to which no proof of Claim, request for administrative expense, or Cure Claim need be Filed, and all Claims arising from the D&O Liability Insurance Policies will survive the Effective Date and be Unimpaired.
Before the Petition Date, the Debtors obtained reasonably sufficient tail coverage (i.e., director, manager, and officer insurance coverage that extends beyond the end of the policy period) under a D&O Liability Insurance Policy for the current and former directors, officers, and managers.
Alternatively, if the D&O Liability Insurance Policy has not expired, with the consent of the Required Consenting Lenders, the Debtors may assume (and assign to the Reorganized Debtors if necessary), pursuant to section 365(a) of the Bankruptcy Code, either by a separate motion filed with the Bankruptcy Court or pursuant to the terms of the Plan and Confirmation Order, the D&O Liability Insurance Policy.
Any D&O Liability Insurance Policy (including, without limitation, any “tail policy”) (and all agreements, documents, or instruments related thereto) pursuant to which any of the Debtors’ current or former directors, officers, managers, or other employees are insured, including, without limitation, any D&O Liability Insurance Policy issued in the name of a non-Debtor parent company of any of the Debtors, shall remain in force through the expiration of any such Policy (or “tail policy,” as applicable).