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.