Examples of Asbestos PI Channeling Injunction in a sentence
This Section 7.2.3 is intended to further effect the Asbestos PI Channeling Injunction described in Section 8.2 of this Plan, and the discharge described in Section 8.1 of this Plan.
February 6, 2006) (Finding in light of the substantial contributions to be made to the Asbestos PI Trust on behalf of the Protected Parties, entry of the Asbestos PI Channeling Injunction, and the naming of the Protected Parties therein, is fair and equitable with respect to persons that might subsequently assert future asbestos-related Demands); In re J T Thorpe Co., 308 B.R. 782 (Bankr.
Nothing in the Plan or the Plan Documents shall affect or limit, or be construed as affecting or limiting, the protection afforded to any Settled Asbestos Insurance Company by the Asbestos PI Channeling Injunction.
CNA has moved for summary judgment (D.I. 15) (the “Summary Judgment Motion”).4 The parties disagree about whether the Montana Claims fall within the scope of the Asbestos PI Channeling Injunction.
From and after the Effective Date, the Asbestos PI Trust may, at any time, in its sole and absolute discretion, move the District Court to extend the Asbestos PI Channeling Injunction to any Asbestos Insurance Entity, for good cause shown, after notice and a hearing (within the meaning of section 102(1) of the Bankruptcy Code).
For the avoidance of doubt, CNA’S claims against the Sealed Air Indemnified Parties under or based on any of the CNA/Old Grace Delaware Settlement Agreements that are Asbestos PI Claims or Asbestos PD Claims shall be subject to the Asbestos PI Channeling Injunction or the Asbestos PD Injunction and shall be treated as Class 6 Claims or Class 7A Claims under the Plan.
Metex agrees that each of the Insurers shall be treated as a Settling Asbestos Insurance Entity, a Settling Asbestos Insurance Protected Party, and an Asbestos Protected Party (as such terms are defined in the Plan) and entitled to all the rights, benefits, protections, and releases available to such entities under the Plan, including the Asbestos PI Channeling Injunction and the Insurance Policy Injunction (as such terms are defined in the Plan) as provided in Articles 11.4 and 11.6 under the Plan.
The basis for the alleged undertakings by CNA (i.e., industrial hygiene services or inspections of Grace’s facilities) arise wholly out of the insurance relationship.Accordingly, I conclude that the Asbestos PI Channeling Injunction, which incorporates the provisions of Bankruptcy Code § 524(g)(4)(A)(ii), enjoins the Montana Claims.
In order to supplement, where necessary, the injunctive effect of the discharge provided by Bankruptcy Code §§ 1141, 524(a), and 105 and as described in this Article 8, and pursuant to the exercise of the equitable jurisdiction and power of the Court under Bankruptcy Code § 524(g), the Confirmation Order shall provide for issuance of the Asbestos PI Channeling Injunction to take effect as of the Effective Date.
For the reasons set forth below, I conclude that the Montana Claims are enjoined by the Asbestos PI Channeling Injunction and, accordingly, I will deny the Defendants’ Motion to Dismiss and grant CNA’s Summary Judgment Motion.