Bank of America Litigation definition

Bank of America Litigation means those claims of the Estate as asserted in the Original Complaint of the Official Committee of Unsecured Creditors in Adversary Proceeding No. 03-4212 before the Bankruptcy Court.

Examples of Bank of America Litigation in a sentence

  • The occurrence of the Effective Date shall constitute the assignment of the Bank of America Litigation, and all rights, interests, and remedies therein, from the Committee to the Reorganized Debtor, and the Reorganized Debtor may pursue and prosecute the Bank of America Litigation for the benefit of the Reorganized Debtor as fully and to all intents and purposes as the Bank of America Litigation could have been pursued and prosecuted by the Committee.

  • The right to object provided above shall include, but shall not be limited to, any Claim asserted by the Revolving Lenders for indemnity arising from the Bank of America Litigation.

  • The Debtor and the Committee waive the right to contest the amount, validity, priority or other rights of the Revolving Lenders' Allowed Secured Claim other than the final determination of the Allowed amount of interest, costs, charges and professional fees; provided, however, that the Debtor shall retain the right to assert the Bank of America Litigation against Bank of America, N.A. The Revolving Lenders shall release their Lien following payment on the Effective Date of their Allowed Secured Claims.

  • On July 19, 2016, this Court entered an order granting the Noteholder Defendants’ Omnibus Motion to Dismiss, dismissing with prejudice Counts I-XVI, XVIII, and XIX in the Bank of America Litigation.

  • The remaining counts of the Bank of America Litigation relating to the Pyxis and Federation Transactions are proceeding before this Court.

  • Bank of America Litigation • Bank of America has not been very litigious as of yet with respect to repurchase actions.

  • Holdings Inc.), Case No. 08-13555 (SCC) (the “Wells FargoLitigation,” and together with the Bank of America Litigation, the U.S. Bank Litigation, the LBFP BNY Litigation, and the LBSF BNY Litigation, the “Flip Clause Litigation”), challenging, among other things, the enforceability of certain contractual provisions purporting to modify LBSF’s right to receive payments in connection with the early termination of certain swap agreements with certain issuers of notes.

  • On August 29, 2016, this Court entered an order dismissing Counts XX-XXIII in the Bank of America Litigation regarding the Pyxis Transaction, as alleged against the Noteholder Defendants.

  • In addition to the foregoing, in the Bank of America Litigation, LBSF seeks various relief to recover amounts distributed to the Noteholders.13 12 In addition to the foregoing, LBSF contends in the Bank of America Litigation that the Priority Flips are unenforceable under 11 U.S.C. § 363(l).

  • Notwithstanding anything contained in this Plan to the contrary, however, the Reorganized Debtor, on behalf of the Estate, and as the assignee of the Committee, shall retain the right to assert the Bank of America Litigation against Bank of America, N.A. This release shall include all claims or causes of action, whether known or unknown, and all acts and omissions, whether intentional or otherwise.

Related to Bank of America Litigation

  • Bank of America Fee Letter means the letter agreement, dated as of September 28, 2018 between the Borrower and Bank of America.

  • Bank of America means Bank of America, N.A. and its successors.

  • KeyBank means KeyBank National Association.

  • JPMorgan means JPMorgan Chase Bank, N.A. and its successors.

  • Wachovia means Wachovia Bank, National Association, a national banking association, and its successors.

  • PNC Bank means PNC Bank, National Association.

  • Wells Fargo means Wells Fargo Bank, National Association.

  • Wells Fargo Bank Wells Fargo Bank, N.A., or its successor in interexx.

  • JPMCB means JPMorgan Chase Bank, N.A.

  • JPMorgan Chase means JPMorgan Chase Bank, N.A.

  • JPMorgan Chase Bank means JPMorgan Chase Bank, N.A. and its successors.

  • U.S. Bank means U.S. Bank National Association.

  • GS Bank shall have the meaning assigned to such term in the preamble to this Agreement.

  • RBS means The Royal Bank of Scotland plc.

  • SunTrust means SunTrust Bank.

  • Bank One means Bank One, NA, a national banking association having its principal office in Chicago, Illinois, in its individual capacity, and its successors.

  • Chase means The Chase Manhattan Bank.

  • L/C Bank means the Original L/C Bank and any other Lender which has been appointed as an L/C Bank in accordance with Clause 5.11 (Appointment and Change of L/C Bank) and which has not resigned in accordance with paragraph (c) of Clause 5.11 (Appointment and Change of L/C Bank).

  • Xxxxx Fargo Bank means Xxxxx Fargo Bank, National Association.

  • Bank is defined in the preamble hereof.

  • Non-U.S. Bank means a Person that is not a United States Person and that is not described in Section 881(c)(3) of the Code.

  • CIBC means Canadian Imperial Bank of Commerce.

  • Xxxxx Fargo Fee Letter means the letter agreement, dated June 19, 2013 among the Company, Xxxxx Fargo Bank, N.A. and Xxxxx Fargo Securities, LLC.

  • Royal Bank means Royal Bank of Canada.

  • JPM shall have the meaning assigned to such term in the preamble to this Agreement.

  • MLPFS means Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated.