Recovered Amounts Clause Samples

Recovered Amounts. Any monetary damages, court-ordered Third Party costs, settlements, royalties or other recovery received from any Third Party resulting from, arising out of or relating to any Enforcement Action, after reimbursement of the Enforcing Party’s expenses, shall be treated as Gross Profits and paid or retained by the applicable Party as appropriate to implement the split of the Gross Profits set forth in Section 4.4.

Recovered Amounts. Any monetary damages, court-ordered Third Party costs, settlements, royalties or other recovery received from any Third Party resulting from, arising out of or relating to any Competing Product Enforcement Action, after reimbursement of the Cooperating Party’s expenses pursuant to Section 6.6 and the Enforcing Party’s expenses, shall be distributed (a) if Pfenex is the Enforcing Party, [***] to Pfenex and [***] to NT Pharma and (b) if NT Pharma is the Enforcing Party, [***] to NT Pharma and [***] to Pfenex.

Recovered Amounts. Loss shall be reduced by any Recovered Amounts. For the avoidance of doubt, to the extent any Recovered Amount is received or realized after payment by the Insurer hereunder, such Recovered Amount shall be applied in the following order: first, to reimburse the Insureds for any Loss borne by them in excess of the Limit of Liability; second, to reduce any Loss incurred by the Insureds which is covered by this Policy; and third, to reimburse the Insureds in respect of any Retained Loss.

Recovered Amounts. If the Buyer: (a) receives a payment from the Seller in relation to a Loss or Claim; and (b) after receiving that payment, receives a refund or credit, or recovers a sum from an insurer, a Taxation Authority (whether in cash or by way of offset against an amount owed to a Taxation Authority) or any other third party in relation to the subject matter of the Claim, within 20 Business Days of receipt or recovery under clause 19.12(b), the Buyer must pay the Seller an amount equal to the sum recovered from the insurer, Taxation Authority or third party.

Recovered Amounts. If after the Seller has made a payment to the Purchaser pursuant to a Claim under the Seller’s Warranties, the Purchaser receives a payment or benefit in relation to the fact, matter or circumstances to which the Claim relates, the Purchaser must repay to the Seller the amount received from the Seller or if less, the payment or benefit received by the Purchaser. Any such amounts repaid to the Seller pursuant to this clause will be deemed to increase the Purchase Price payable by the Purchaser under this Deed.

Recovered Amounts. Any monetary damages, court-ordered Third Party costs, settlements, royalties or other recovery received from any Third Party resulting from, arising out of or relating to any Enforcement Action, after reimbursement of each Party’s costs and expenses with respect to such Enforcement Action (which reimbursement will be on a pro rata basis to the extent such costs and expenses exceed such recovered amount), and shall thereafter be (a) with respect to any Enforcement Action brought by Alvogen under ‎Section 6.5(b), treated as Net Sales and shared with NRx as royalties pursuant to ‎Section 4.5, and (b) with respect to any Enforcement Action brought by NRx pursuant to its step-in rights under ‎Section 6.5(c), shared equally (50:50) by ▇▇▇▇▇▇▇ and NRx.

Recovered Amounts. The amount of any payment to be made to an Indemnified Party pursuant to this Article 3 will be determined having regard to any net insurance proceeds actually received, after deduction of any premiums payable with respect to such insurance.

Recovered Amounts. If at any time subsequent to the receipt by an Indemnified Party of an indemnity payment hereunder, such Indemnified Party (or any Affiliate thereof) receives any recovery, settlement or other similar payment with respect to the Losses for which it received such indemnity payment (the “Recovery”), such Indemnified Party shall promptly pay to the Indemnifying Party an amount equal to the amount of such Recovery, less any expenses incurred by such Indemnified Party (or its Affiliates) in connection with such Recovery, but in no event shall any such payment exceed the amount of such indemnity payment.

Recovered Amounts. (A) In the event that: (i) any payments which are deemed to have been made to a Reference Obligation Holder of a Reference Obligation, or (ii) if Party A Hedging applies, any payments which are made to a Party A Entity; in each case prior to the Final Deletion Date applicable to such Reference Obligation or pursuant to Section 9(B), (C), (D), (E) or (F) below, and such payments are subsequently required to be repaid or returned to the Reference Obligor or any other person (including, without limitation, any bankruptcy trustee for the Reference Obligor pursuant to applicable law), to the extent such payments have been factored into the Account Balance of any Collection Account or have been otherwise paid to Party B pursuant to the terms hereof, including Section 9(B), (C), (D), (E) and (F) below, Party B shall pay to Party A an amount equal to the payments so required to be repaid or returned by such Reference Obligation Holder or Party A Entity, as applicable, within three Business Days after written certification has been received by Party B setting forth in reasonable detail the legal reasons which require such payment. (B) In the event that any Distribution Payment or Commitment Fees to be paid with respect to any Reference Obligation in respect of any period the end of which precedes the Final Deletion Date applicable to such Reference Obligation is not so paid by reason of a delay, default or otherwise by the Reference Obligor prior to the Final Deletion Date in respect of the relevant Reference Obligation, and such payment is subsequently made to persons who were holders of the relevant Reference Obligation during the relevant period: (i) if such Distribution Payments or Commitment Fees (or a portion thereof) are paid to holders of the relevant Reference Obligation before the Termination Date, an amount equal to such Distribution Payments and 100% of such Commitment Fees (or portion thereof), shall be credited to the relevant Collection Account on (x) where Party A Hedging does not apply, the relevant date of on which such payments are made to holders of record of the relevant Reference Obligation, or (y) where Party A Hedging applies, the date on which such Distribution Payments or Commitment Fees (or the relevant portion thereof) are received by a Party A Entity; and (ii) if such Distribution Payments or Commitment Fees (or a portion thereof) are paid to holders of the relevant Reference Obligation on or following the Termination Date, an amount eq...