Examples of SHLD Group in a sentence
Each member of the SHLD Group and OSH Group shall use reasonable best efforts to seek to collect or recover any Insurance Proceeds and any Third-Party Proceeds to which such Person is entitled in connection with any Liability for which such Person seeks indemnification pursuant to this Article VI; provided, however, that such Person’s inability to collect or recover any such Insurance Proceeds or Third-Party Proceeds shall not limit the Indemnifying Party’s obligations hereunder.
SHLD agrees that Pre-Distribution Insurance Claims of members of the OSH Group shall receive the same priority as Pre-Distribution Insurance Claims of members of the SHLD Group and be treated equitably in all respects, including in connection with deductibles, retentions, coinsurance and retrospective premium charges.
No member of the SHLD Group shall be deemed to have made any representation or warranty as to the availability of any coverage under any such insurance policy.
Any Insurance Proceeds received by the SHLD Group for members of the OSH Group shall be for the benefit of the OSH Group.
Any Insurance Proceeds received for the benefit of both the SHLD Group and the OSH Group shall be distributed pro rata based on the respective share of the underlying loss.
SHLD shall, and shall cause members of the SHLD Group to, allow OSH 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 SHLD and members of the SHLD Group pursuant to this Section 7.01(e).
SHLD or OSH, as the case may be, shall have primary control over those Pre-Distribution Insurance Claims for which the SHLD Group or the OSH Group, respectively, bears the underlying loss, subject to the terms and conditions of the relevant policy of insurance governing such control.
SHLD shall provide, and shall cause other members of the SHLD Group to provide, such cooperation as is reasonably requested by OSH in order for OSH to have in effect after the Distribution Date such new D&O Policies as OSH deems appropriate with respect to claims reported after the Distribution Date.
SHLD shall not make, and shall not permit any other member of the SHLD Group to make, any claim or demand, or commence any Action asserting any claim or demand, including any claim of contribution or any indemnification against OSH or any other member of the OSH Group, or any other Person released pursuant to Section 5.01(b), with respect to any SHLD Liabilities released pursuant to Section 5.01(b).
SHLD shall, and shall cause members of the SHLD Group to, reasonably cooperate with the individuals who acted as directors and officers of OSH (or members of the OSH Group) on or prior to the Distribution Date in their pursuit of any coverage claims under such D&O Policies which could inure to the benefit of such individuals.