Examples of New Sun in a sentence
The arbitration will be conducted before a panel that shall consist of two independent and impartial arbitrators, one appointed by the New Sun Group, one appointed by the Sabra Group and a third independent and impartial arbitrator who shall chair the panel.
Subject to the provisions of this Agreement, New Sun shall obtain all of the rights, benefits and privileges, if any, under the New Sun Policies.
On or prior to the Distribution Date, each of Sun, Sabra and New Sun shall enter into, and/or where applicable shall cause such other members of their respective Groups to enter into (a) the Ancillary Agreements and (b) any other agreements in respect of the Corporate Restructuring Transactions, the Distribution and the REIT Conversion Merger as are reasonably necessary or appropriate in connection with the transactions contemplated hereby and thereby.
In lieu of any such fractional shares, each stockholder who, but for the provisions of this Section 3.02, would be entitled to receive a fractional share interest of New Sun Common Stock pursuant to the Distribution shall be paid cash without any interest thereon, as hereinafter provided.
In connection with any such demand, New Sun shall submit to Sabra a copy of any invoice or listing of claims received by New Sun pertaining to such Insurance Charges together with appropriate supporting documentation.
New Sun shall, and shall cause members of the New Sun Group to, allow Sabra and its agents and representatives, upon reasonable prior notice and during regular business hours, to examine and make copies of the relevant D&O Policies maintained by New Sun and members of the New Sun Group pursuant to this Section 9.04.
If after the Distribution Date, Sun or the Sabra Group or the New Sun Group receives payments belonging to the other party, the recipient shall promptly account for and remit same to the other party.
Sabra agrees that Pre-Distribution Insurance Claims of members of the Sabra Group shall receive the same priority as Pre-Distribution Insurance Claims of members of the New Sun Group and be treated equitably in all respects, including in connection with deductibles, retentions, coinsurance and retrospective premium charges.
This Agreement and all of the provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns but neither this Agreement nor any of the rights, interests and obligations hereunder shall be assigned without the prior written consent of both New Sun and Sabra.
In the event of a disagreement as to the intended response or disclosure, unless and until the disagreement is resolved as provided in paragraph (b) above, Sabra and New Sun shall cooperate to assert all defenses to disclosure claimed by either Group, at the cost and expense of the Group claiming such defense to disclosure, and shall not disclose any disputed documents or information until all legal defenses and claims of privilege have been finally determined.