Net Litigation Proceeds definition

Net Litigation Proceeds means the proceeds actually received by Ainsworth from the full and final determination or settlement of each claim in the Litigation, after deduction of: (i) any Litigation Payments; (ii) all costs and expenses incurred by or on behalf of Ainsworth in relation to such claim including, without limitation, all fees and expenses of legal counsel, advisors and experts and all out-of-pocket travel, filing, reproduction and other costs; and (iii) any cash taxes payable in respect of such proceeds after taking into account any available tax credits or deductions, any tax sharing arrangements and any tax elections available to the Company or the recipient of the Net Litigation Proceeds that would minimize the amount of cash taxes payable (including any elections to reduce any purchase price associated with the Litigation).

Net Litigation Proceeds means the proceeds generated from the pursuit of

Net Litigation Proceeds means any Cash received by CIH, ELT or the Litigation Trust from any source in connection with the prosecution, settlement and enforcement or realization of the Applicable Causes of Action, the DSM SPA Causes of Action and the CIH Causes of Action, less the payment of all fees, expenses and out-of-pocket costs incurred by CIH, the Litigation Trust, and ELT in connection therewith (which such parties are hereby authorized to pay from such Cash without any notice to any other parties in interest or the Bankruptcy Court and without any requirement of application or hearing).

Examples of Net Litigation Proceeds in a sentence

• Once all such Causes of Action have been resolved by Final Order, the Excess Litigation Proceeds shall be divided among the Debtor Groups pro rata based on the amount of Net Litigation Proceeds recovered by each such Debtor Group.

• From and after the date that holders of Allowed Unsecured Claims shall have been paid in full together with interest at the Plan Rate, Net Litigation Proceeds otherwise payable to holders of Allowed Unsecured Claims shall be payable to Newco.

• Notwithstanding the foregoing, the Litigation Trustee shall distribute an amount equal to 50% of the Net Litigation Proceeds, the Net Avoidance Litigation Proceeds and the Net MAFCO Litigation Proceeds, provided that the Litigation Trustee has paid all Litigation Trust costs incurred to date and then due and payable, on an annual basis.

• For purposes of determining Distributions for Classes 4A and 4B, such Classes shall be considered as a single Class, and each Class shall be entitled to a Pro Rata share of the Net Litigation Proceeds.

• Notwithstanding anything else contained herein to the contrary, each of the foregoing Subclasses that does not vote as a Subclass to accept this Plan of Reorganization shall not receive the right to any distributions in respect of Net Litigation Proceeds, Net Mafco Litigation Proceeds or Net Avoidance Litigation Proceeds and shall not receive any Cash distribution in lieu of Plan Warrants.

More Definitions of Net Litigation Proceeds

Net Litigation Proceeds means the amount of any Litigation Proceeds after satisfaction of all fees, costs and expenses, including attorney’s fees, incurred by the Liquidating Trust in the prosecution of such litigation claims.

Net Litigation Proceeds means the difference between (i) all cash proceeds of the Retained Causes of Action received by the Post-Effective Date Debtors and the Litigation Trustee (if applicable) plus the Non-Cash Retained Causes of Action Proceeds (if any), and (ii) the actual reasonable costs incurred in prosecuting the Retained Causes of Action, including attorneys fees and costs of the Post-Effective Date Debtors or the Litigation Trustee (as applicable) plus the portion of the proceeds of the Retained Causes of Action, if any, required to be paid to the Holders of General Unsecured Claims pursuant to the Plan.

Net Litigation Proceeds means the full amount of any cash or sums recovered or received by the Credit Parties from any Claim (whether pursuant to court order, at trial or upon appeal, or pursuant to the terms of any settlement agreement), less (i) fees and expenses paid or obligated to be paid to any Litigation Funder, and (ii) fees and expenses paid or to be paid to legal counsel to the Borrower in connection therewith.

Net Litigation Proceeds means the (i) IP Litigation Distributable Proceeds, and (ii) all actual proceeds of the Actions, less reasonable attorneys’ fees, costs and related expenses.

Net Litigation Proceeds means all proceeds received in connection with prosecution of Reserved Litigation Claims, net of all respective necessary and actual costs and expenses associated with such transaction (including, without limitation, reasonable attorneys’ fees and other costs, fees and expenses).

Net Litigation Proceeds means the gross proceeds realized by the Litigation Trust in respect of all of the Debtors' Causes of Action (exclusive of Net Avoidance Litigation Proceeds and Net MAFCO Litigation Proceeds) net of payment of all expenses of the Litigation Trust (other than those allocable to Net Avoidance Proceeds and Net MAFCO Litigation Proceeds) including, without limitation, payment without duplication of all sums due and owing pursuant to the Professional Fee Reimbursement Note.

Net Litigation Proceeds means the difference between (i) all cash proceeds of the Retained Causes of Action received by the Post-Effective Date Debtors and the Litigation