Satisfaction of Claims. 10 A. Acceptance by CONTRACTOR of payments made by Intermediary in accordance with this 11 Agreement shall be deemed satisfaction in full of any COUNTY obligation to CONTRACTOR with 12 respect to those claims for Hospital Services for which payment has been made by COUNTY, 13 notwithstanding CONTRACTOR’s right to appeal any denied claim, as provided for in Paragraph IV. of 14 this Exhibit B to the Agreement and CONTRACTOR’s right to pursue co-payments due from MSN 15 Patients.
Satisfaction of Claims. Unless otherwise provided herein, any distributions and deliveries to be made on account of Allowed Claims under this Plan shall be in complete and final satisfaction, settlement, and discharge of and exchange for such Allowed Claims.
Satisfaction of Claims. Upon (i) mutual agreement by the Indemnifying Party and Indemnified Party, or (ii) final determination of an indemnification claim in accordance with this Section 11.5, in either case as to the disposition of an indemnification claim and the amount of Losses in connection therewith, such indemnification obligation shall be satisfied by the Indemnifying Party within fifteen days thereafter. If the Indemnifying Party is the Stockholder Representative, such indemnification obligation shall be satisfied by the Stockholder Representative (i) by executing and delivering to Purchaser joint written instructions to the Escrow Agent for countersignature by Purchaser, instructing the Escrow Agent to release to Purchaser, out of the Escrow Dividends (if any) and the Indemnity Shares Amount, (A) first, the amount of the Escrow Dividends (up to the amount of such indemnified Loss) and (B) second, if the Escrow Dividends are insufficient, the number of shares (the “Indemnification Shares”) equal to the remaining amount of indemnified Losses in respect of such claim divided by the Purchaser Share Price or (ii) by Purchaser’s delivery of a final determination of an indemnification claim in accordance with this Section 11.5 in accordance with the terms of the Escrow Agreement to the Escrow Agent. If the Indemnifying Party is Purchaser, such indemnification obligation shall be satisfied by payment in immediately available funds in the amount of the finally determined Loss to the Exchange Agent, accompanied by a written instruction from Purchaser to the Exchange Agent directing the Exchange Agent to disburse such funds to the Company Stockholders (other than holders of Dissenting Shares) in accordance with their Pro Rata Portions as set forth in the Estimated Adjustment Statement, provided that such Company Stockholder has delivered a duly executed Letter of Transmittal to the Exchange Agent and any other required documents in accordance with Section 3.2.
Satisfaction of Claims. The Executive agrees that his rights and interests, and rights and interests of any persons taking under or through him, will be completely satisfied upon compliance by the Company with the provisions of this Agreement.
Satisfaction of Claims. 1. In the event that a claim against the Client arises in favor of AKCENTA as a consequence of the failure to realize a Trade or early termination of a Trade or rescission of Agreement, AKCENTA may satisfy its claim against the Client, which is secured by Financial Collateral created under the Agreement and this Schedule and which has become due and payable and as a result of the occurrence of any of the above specified facts, by exercising its rights to satisfaction from Financial Collateral (see Art. I(5) of this Schedule), unless the claims which have become due and payable are satisfied in another way. In such case, the Client shall provide AKCENTA with any and all cooperation required for the exercise of its right to satisfaction from Financial Collateral in accordance with the provisions of Section 17 of the Financial Collateral Act.
Satisfaction of Claims. Any payment or issuance or transfer of Shares to the Optionee (or the Optionee's legal representative, heir, legatee, or distributee) in accordance with this Agreement shall, to the extent thereof, be in full satisfaction of all claims of such persons hereunder. The Committee may require any such person, as a condition precedent to such payment, issuance, or transfer, to execute a release and receipt in the form determined by the Committee.
Satisfaction of Claims. Except to the extent that the Losses resulted from fraud, gross negligence or willful misconduct resulting in a breach or inaccuracy of any representation, warranty or covenant committed by the Company (in which case recovery of such Losses, at the discretion of an Indemnified Party, may also be pursued directly against a Stockholder) or as otherwise provided in
Satisfaction of Claims. TFS agrees that for services rendered to a Fund or Portfolio, or for any claim by it in connection with the services rendered to a Fund or Portfolio under this Agreement, it shall look only to the assets of that Fund or Portfolio for satisfaction and that it shall have no claim against the assets of any other Fund or Portfolio in connection therewith.
Satisfaction of Claims. The rights afforded in the Plan and the treatment of all Claims and Equity Interests herein shall be in exchange for and in complete satisfaction, discharge, and release of all Claims and Equity Interests of any nature whatsoever, including any accrued Post-Petition Interest, against the Debtors and the Debtors in Possession, or any of their Estates, Assets, properties, or interests in property. Except as otherwise provided herein, on the Effective Date, all Claims against and Equity Interests in the Debtors and the Debtors in Possession shall be satisfied, discharged, and released in full. Neither the Reorganized GSI Entities nor the Debtors shall be responsible for any pre-Effective Date obligations of the Debtors or the Debtors in Possession, except those expressly assumed by the Reorganized GSI Entities or any such Debtor, as applicable. Except as otherwise provided herein, all Persons shall be precluded and forever barred from asserting against the Reorganized GSI Entities, the Debtors, their respective successors or assigns, or their Estates, Affiliates, Assets, properties, or interests in property any event, occurrence, condition, thing, or other or further Claims, Equity Interests or Causes of Action based upon any act, omission, transaction, or other activity of any kind or nature that occurred or came into existence prior to the Effective Date, whether or not the facts of or legal bases therefore were known or existed prior to the Effective Date.
Satisfaction of Claims. (a) The Principal Shareholders and DoveBid agree that any Claim for indemnification under Section 8.2(a) may at the election of DoveBid be satisfied by either: (i) retaining Escrow Shares, subject to the right of the Principal Shareholders to promptly satisfy such Claims by paying cash to DoveBid in the full amount of such Claim within twenty (20) days of resolution of such Claim; or (ii) through the payment of cash or other property or assets to DoveBid by such Principal Shareholder. To the extent that DoveBid elects to satisfy any Claim for indemnification under this Article VIII by retaining Escrow Shares and the Principal Shareholders do not timely fully pay such Claim in cash, then such shares shall be valued at a price of $10.50 per share (subject to proportional adjustment for any stock splits, stock combinations, recapitalizations or like events) for purposes of satisfying such Claim regardless of whether the actual market price of DoveBid common stock is higher or lower, and in such event DoveBid shall not have the right to recover any deficiency and the Principal Shareholders will not have the right to recover any excess. Claims for indemnification under Section 8.2(b) shall be satisfied by DoveBid by payment of cash.
