Assenting Creditor definition
Examples of Assenting Creditor in a sentence
The Assignee may accept as the claim of an Assenting Creditor the unsecured portion of any partially secured claim, the amount of such claim to be determined as provided in Paragraph 4.5.
Each Assenting Creditor accepts in lieu of its claim against the Debtor the rights acquired hereunder and agrees that this A/F/B/C may be pleaded as a defense or bar to any such suit or other proceeding.
In the event of a disagreement between the Assignee and an Assenting Creditor concerning the validity, amount or priority of a claim, the Assignee and such Assenting Creditor will negotiate in good faith to attempt to resolve such dispute and the Assignee may compromise any disputed claim upon such terms and conditions as he deems advisable.
By becoming an Assenting Creditor, Westwood specifically agrees to and accepts the subordination of the Westwood Claims as provided in this Section 5.1.
If a Disputed Claim is disapproved in full, the Assenting Creditor submitting that Disputed Claim is not entitled to any Distributions on account of that Disputed Claim.
The Creditor Trustee may extend the Claim Deadline on written notice and may at any time in his reasonable discretion permit any Assenting Creditor to become a party to this Agreement despite that the Assenting Creditor received no such extension of time.
Each Assenting Creditor accepts in lieu of its claim the rights acquired hereunder and agrees that this A/F/B/C may be pleaded as a defense or bar to any such suit or other proceeding.
The Creditor Trustee and the Assenting Creditor asserting the Disputed Claim must first to try in good faith to settle the dispute through mediation by a mutually-acceptable mediator, with each party responsible for paying 50% of any mediation fees and expenses.
The Creditor Trustee may settle any Disputed Claim with the applicable Assenting Creditor as the Creditor Trustee deems appropriate in his discretion, without seeking approval or consent from any court or other Assenting Creditors or Beneficiaries.
Any entity holding or asserting a claim against the Debtor may assert a claim against the Creditor Trust Assets and become a party to this Agreement to the extent of such claim as an Assenting Creditor by completing and executing an Assent and Proof of Claim and returning it to the Creditor Trustee at the address reflected on the Assent and Proof of Claim so that the Creditor Trustee receives it by the deadline reflected on the Assent and Proof of Claim (the “Claim Deadline”).