Acquired Claims shall have the meaning specified within the definition of “Acquired Assets”.
Acquired Claims means Causes of Action (a) (i) for the collection, possession or recovery of any of the Acquired Assets, (ii) relating to the title to, or right to use or possess, any of the Acquired Assets, (iii) affecting the value of any of the Acquired Assets (or the right to use thereof), (iv) based on any warranty (whether a manufacturer’s, service, or other warranty) relating to any of the Acquired Assets, (v) for damages to or loss of any of the Acquired Assets (excluding business-interruption insurance claims), (vi) to recover the proceeds of insurance, indemnity, or contribution relating to or deriving from any of the Acquired Assets, (vii) against any Acquired Entity, and (viii) relating to the Employee Retention Tax Credit (other than the Retained Employee Retention Tax Credit); (b) against unaffiliated, arms-length, third-parties that are parties to Assumed/Assigned Contracts and Leases; (c) against credit-card merchants that agree to waive as of the Effective Date, any and all Claims against the Debtors; and (d) against trade vendors that the Purchaser, Debtors, and Committee mutually agree upon and identify in the Plan Supplement as important to Purchaser’s ability to operate effectively; provided, such trade vendors are not counterparties to executory contracts or unexpired leases with any of the Debtors, and provided, if the Debtors, the Purchaser, and the Committee cannot mutually agree on a particular trade vendor, that vendor shall not be added to the list to be provided in the Plan Supplement. Trade vendors identified on the Plan Supplement shall be deemed to have waived any and all Claims and Causes of Action against the Debtors and the Liquidating Trust, without further Order of the Bankruptcy Court, as of the Effective Date. Notwithstanding anything above, Acquired Claims DO NOT include the following, which are Excluded Assets, (a) Causes of Action of the Non- Acquired Entities against the Debtors, either directly or through the acquisition of the Intercompany Interests or (b) Causes of Action, both owned by or against the Debtors and/or the Debtors’ Affiliates, including Causes of Action (i) asserted in or related to the Seacret Litigation, including Causes of Action against any current or potential defendant in the Seacret Litigation, including without limitation, any Claims or Causes of Action for damaging the Debtors’ corporate names, trademarks, tradenames, business representation or goodwill prior to the Effective Date;
Acquired Claims means Causes of Action (a) (i) for the collection, possession or recovery of any of the Acquired Assets, (ii) relating to the title to, or right to use or possess, any of the Acquired Assets, (iii) affecting the value of any of the Acquired Assets (or the right to use thereof), (iv) based on any warranty (whether a manufacturer’s, service, or other warranty) relating to any of the Acquired Assets, (v) for damages to or loss of any of the Acquired Assets (excluding business-interruption insurance claims), (vi) to recover the proceeds of insurance, indemnity, or contribution relating to or deriving from any of the Acquired Assets, (vii) against any Affiliate of the Debtors in which the Interests are Acquired Assets, and (viii) relating to the Employee Retention Tax Credit (other than the Retained Employee Retention Tax Credit); (b) against unaffiliated, arms-length, third-parties that are parties to Assumed/Assigned Contracts and Leases;
Examples of Acquired Claims in a sentence
On the Effective Date, the Debtors and/or the Liquidating Trustee, as applicable, shall assign and transfer to the Purchaser all of the Acquired Claims pursuant to the Sale Transaction Documentation, and may be identified in the Plan Supplement.
In addition, in respect of certain of the Acquired Claims, the Company has agreed to assume a 3% gross overriding royalty granted in favour of a prior owner.
The Acquired Assets also include Acquired Claims (including certain Avoidance Actions) held by the Debtors as of the Plan Effective Date.
This reservation does not apply to the Acquired Claims, which are transferred to the Purchaser pursuant to the Plan, or the Causes of Action expressly released in the Plan by Article IX (d).
If this Plan is adopted and implemented as contemplated in section 152, Newco shall have assumed all the Assumed Liabilities (which for the avoidance of doubt excludes the liability of the Company in respect of the Excluded Claim) in terms of the Sale of Business Agreement, and Holdco shall have purchased all the Claims (other than the Storage Farmer Claims and the Excluded Claim) by way of the purchase of the Externally Acquired Claims outside of this Plan, and the Plan-Acquired Claims under this Plan.
More Definitions of Acquired Claims
Acquired Claims means Causes of Action (a) (i) for the collection, possession or recovery of any of the Acquired Assets, (ii) relating to the title to, or right to use or possess, any of the Acquired Assets, (iii) affecting the value of any of the Acquired Assets (or the right to use
Acquired Claims has the meaning assigned in Section 6.1; “Acquiring Party” has the meaning assigned in Section 6.1; “Area of Interest” has the meaning assigned in Section 6.1;
Acquired Claims means (a) the Purchased Actions and (b) all Actions against MasterCard and Visa related to that certain consolidated class action entitled In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (MDL 1720 (MKB) (JO)), pending in the United States District Court for the Eastern District of New York (the “MC/Visa Claims”) provided, however, that any proceeds in excess of Purchaser’s out of pocket third party fees and expenses shall be shared with the unsecured creditors equally (i.e., 50% to Purchaser, 50% to unsecured creditors).
Acquired Claims means claims or potential claims relating to the Allegations in the Action against an entity from which a Settling Defendant’s Released Party acquired Red Meat Processing Operations (“Predecessor Owner(s)”), but only to the extent that such claims arise out of or result from the ownership, maintenance or conduct of such Red Meat Processing Operations prior to the effective date of such acquisition and for which a Settling Defendant’s Released Party has assumed, or indemnified Predecessor Owner(s) from, liabilities attributable to such Red Meat Processing Operations for the period prior to the effective date of such acquisition or assumption of liabilities. Upon the Date of Final Judgment, the Releasing Parties shall completely release, acquit, and forever discharge the Predecessor Owner(s) from the Acquired Claims. The reservation of claims set forth in (i) and (ii) of this paragraph does not impair or diminish the right of the Settling Defendant’s Released Parties to assert any and all defenses to such claims. During the period after the expiration of the deadline for submitting an opt-out notice, as determined by the Court, and prior to Final Judgment, all Releasing Parties who have not submitted a valid request to be excluded from the Settlement Class shall be preliminarily enjoined and barred from asserting any Released Claims against the Settling Defendant’s Released Parties. The release of the Released Claims will become effective as to all Releasing Parties upon final approval of the Settlement Agreement and the passing of the time to appeal such final approval. Upon Final Judgment, the Releasing Parties further agree that they will not file any other suit against the Settling Defendant’s Released Parties arising out of or relating to the Released Claims.
Acquired Claims the meaning set forth in Section 1.1(g).
Acquired Claims has the meaning given to in clause 3.1;
Acquired Claims. The mining claims of Negor to be acquired by the Mining Company pursuant to the provisions of this Agreement and all other assets, properties and interests of Negor, tangible or intangible (including contractual, warranty, and other rights), the use or value of which is inextricably related to or connected with to those mining claims, or which relate to or result from transactions of Negor involving those mining claims, including, but not limited to, the ECC (as that term is defined by the provisions of Section 1.13 of this Agreement) and the MPSA (as that term is defined by the provisions of Section 1.17 of this Agreement)