Litigation Recovery definition
Litigation Recovery means any Cash or other property received by the
Litigation Recovery means any cash or other property received by the Partnership or the Liquidating Partner, as applicable, from all or any portion of the Litigation including, but not limited to, awards of damages, attorneys' fees and expenses, interest and punitive damages, whether recovered by way of settlement, execution on judgment or otherwise.
Litigation Recovery means the net proceeds recovered by the Litigation Trust from any Litigation (including the FHS Litigation) (but not including any Gross Litigation Proceeds payable on account of the CIC/CRUS Litigation Claim or the CIC Trust Fund Claim) after payment of all post-Effective Date litigation and administrative costs including, but not limited to, post-Effective Date attorneys' fees and costs and post-Effective Date costs of employment of Litigation Trust employees, subject to the cap contained in Section 4.2(l) hereof.
Examples of Litigation Recovery in a sentence
Exhibits A and B (“Op. Agmt”) § 3.04.) BPLR has six Class B members, and BP Litigation Recovery I has two Class B members.
Accordingly, pursuant to Section 4.2(b), if the Adjusted Litigation Recovery were $500 million and the Adjusted Market Value of one share of Surviving Company common stock were $15, then one Warrant would be exercisable for 0.1943 of a share of Class A Common Stock and $2.915 ($15 multiplied by 0.1943).
Accordingly, if the Adjusted Litigation Recovery were $500 million, then one Warrant would be exercisable for $5.636.
The determination of the Board of the Adjusted Litigation Recovery, the number of shares of Common Stock issuable upon exercise of a Warrant and the Exercise Price will be final, conclusive and binding upon the Holders.
Each Warrant ---------------------------------------- shall, upon exercise thereof as provided herein, initially entitle the registered Holder thereof to purchase the number of shares of Common Stock having an Adjusted Market Value equal to the Adjusted Litigation Recovery divided by 85,759,465 at an exercise price per Warrant equal to the number of shares of Common Stock for which the Warrant is exercisable multiplied by $1.00 (the "Exercise Price").
More Definitions of Litigation Recovery
Litigation Recovery and "Rights" shall have the meaning set forth in such Shareholder Rights Agreement.
Litigation Recovery means any aggregate cash payment or any cash resulting from the liquidation of Non-Cash Proceeds (as defined in Section 3(b) hereof) (the "Cash Payment"), if any, actually received by the Company and/or the Bank pursuant to a final, nonappealable judgment in, or final settlement of, the Litigation (including any post-judgment interest actually received by the Company and/or the Bank with respect to any Cash Payment) after deduction of (i) (x) the aggregate fees and expenses incurred from this date forward by the Company and the Bank in prosecuting the Litigation and obtaining the Cash Payment (including any costs and expenses incurred with respect to the monetization of any marketable assets received and/or liquidation of Non-Cash Proceeds) and/or (y) the aggregate liabilities, fees and expenses incurred from this date forward by the Company and the Bank with respect to any claim specified in Section 6 hereof and/or (z) the amount reimbursed to any Litigation Trustees under Section 7(c) hereof; (ii) any income tax liability of the Company and/or the Bank, computed on a pro forma basis, as a result of the Company's and/or the Bank's receipt of the Cash Payment (net of any income tax benefit to the Company and/or the Bank from making the Recovery Payment to the Shareholders, and disregarding for purposes of this clause (ii) the effect of any net operating loss carryforwards or other tax attributes held by the Company and the Bank or any of their respective subsidiaries or affiliated entities); (iii) any portion of the Litigation Recovery (calculated for purposes of this clause (iii) before the deduction of the amounts calculated pursuant to clauses (i) and (ii) above and clause (iv) below) which as of the date of distribution of any Recovery Payment is determined to be owing to one or more of the Plaintiffs (other than the Company and the Bank) or to any other third parties; and (iv) any portion of the Litigation Recovery (calculated for purposes of this clause (iv) before the deduction of the amounts calculated pursuant to clauses (i), (ii) and (iii) above) which Xxxxxx X. Xxxxxxxxxx is entitled to receive as a result of her employment agreement with the Bank, dated as of April 11, 1995.
Litigation Recovery means any Cash or other property received by the Debtor, the Trustee or the Liquidating Trustee, as the case may be, from all or any portion of a Litigation Claim net of expenses, including, but not limited to, awards of damages, attorneys’ fees and expenses, interest and punitive damages, whether recovered by way of settlement, execution on judgment or otherwise. The proceeds of accounts receivable collected through litigation shall be considered to be a Litigation Recovery.
Litigation Recovery means the cash payment, if any, actually received by the Bank in respect of a final, nonappealable judgment in or final settlement of the Litigation after deduction of (i) the aggregate expenses incurred previously and hereafter by the Bank in prosecuting the Litigation and obtaining such cash payment, (ii) any income tax liability of the Bank as a result of the Bank's receipt of such cash payment (net of any income tax benefit to the Bank from the Recovery Payment to the Interest Holders and disregarding for purposes of this clause (ii) the effect of any net operating loss carryforwards or other tax attributes held by the Bank or any of its subsidiaries or affiliated entities) and (iii) the expenses incurred by the Bank in connection with the creation, issuance and trading of the Participation Interests, including, without limitation, legal and accounting fees and the fees and expenses of the Interest Agent.
Litigation Recovery means the net proceeds recovered by the Litigation Trust from the Litigation after payment of all litigation and administrative costs including, but not limited to, attorneys' fees and costs and costs of employment of Litigation Trust employees.
Litigation Recovery means the cash payment, if any, actually received by the Bank in respect of a final, nonappealable judgment in or final settlement of California Federal Bank v. The United States of America, Civil Action No. 92-138C, filed on February 28, 1992, in the United States Court of Federal Claims (the "Litigation"), after deduction of (i) the aggregate expenses incurred previously and hereafter by the Bank in prosecuting the Litigation and obtaining such cash payment, (ii) any income tax liability of the Bank, computed on a pro forma basis, as a result of the Bank's receipt of such cash payment (net of any income tax benefit to the Bank from the payment of a portion of the Litigation Recovery to the holders of Participation Interests (the "Recovery Payment") and disregarding for purposes of this clause (ii) the effect of any net operating loss carryforwards or other tax attributes held by the Bank or any of its subsidiaries or affiliated entities) and (iii) the expenses incurred by the Bank in connection with the creation, issuance and trading of the Participation Interests, including, without limitation, legal and accounting fees and the fees and expenses of the Interest Agent (as hereinafter defined). Payment hereunder shall occur upon presentation and surrender of this Participation Interest in the manner specified in the Participation Agreement at or prior to 5:00 P.M. (New York time) on the Final Payment Date (hereinafter defined) at the principal office of Chemical Trust Company of California, a California trust corporation (the "Interest Agent"), or at the Interest Agent's facility designated for such purpose at Chemical Bank, Securities Window, Room 234, 00 Xxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000, or Chemical Trust Company of California, 000 Xxxxx Xxxxx Xxxxxx, Xxxxxx Xxxxx, Xxx Xxxxxxx, Xxxxxxxxxx 00000, or its successor as Interest Agent.
Litigation Recovery means the net proceeds recovered by the Litigation Trust from any Litigation (including the FHS Litigation) after payment of all post-Effective Date litigation and administrative costs including, but not limited to, post-Effective Date attorneys' fees and costs and post-Effective Date costs of employment of Litigation Trust employees.