Examples of Insurance Rights in a sentence
In the event of such agreement with the Xxxxxxxx class, such agreement will include provisions similar to Sections 5(c) and 5(d), addressing cooperation with the Parties and treatment of insufficient insurance funds to pay for valid claims, and the Parties agree that the provisions and their obligations in Sections 5(c) and 5(d) of this Agreement shall also extend to the assignee of such Insurance Rights.
The Xxxxxxx Settlement Class and the Liquidating Trust take on all risk of recovery or lack thereof (including non-collectability), on the Insurance Rights.
To the extent the Xxxxxxx Settlement Class recovers under Insurance Rights on account of all or some of their claims, the Xxxxxxx Settlement Class shall return a proportionate amount (such proportionate amount determined by dividing the recovery amount under the Insurance Rights by the Allowed Claim) of any prior distributions from the Borrower Claims Trust Assets made on account of any recoveries of the Xxxxxxx Settlement Class from the Borrower Claims Trust (the “Giveback”).
No Xxxxxxx Net Recovery Distribution shall be made from proceeds recovered from the Insurance Rights unless and until a Giveback, if any, owed to the Borrower Claims Trust has actually been made.
The Debtors reserve the right to enter into an agreement with the class members in the Xxxxxxxx Class Action in connection with the unpaid prior Xxxxxxxx settlement agreement that may include an assignment of Insurance Rights under the Policies with respect to the Xxxxxxxx settlement amount.