Related to Claim or Litigation
U.S. Litigation means the consolidated class action proceedings, in which a plaintiff alleges that certain auto parts manufacturers rigged bids for, and/or conspired to raise, fix, maintain or stabilize the prices of High Intensity Discharge Ballasts, in which the Settling Defendants are named as parties, currently pending in the United States District Court for the Eastern District of Michigan, Southern Division, including the actions under the captions In re Automotive Parts Antitrust Litigation, HID Ballasts Cases, Case No. 2:13-cv-01701 (MOB), In re Automotive Parts Antitrust Litigation, HID Ballasts Cases, Case No. 2:13-cv-01702 (MOB), In re Automotive Parts Antitrust Litigation, HID Ballasts Cases, Case No. 2:13-cv-01703 (MOB), and includes all class actions transferred by the Judicial Panel for Multidistrict Litigation for coordination, all class actions pending such transfer, all class actions that may be transferred in the future and all class proceedings alleging price-fixing of High Intensity Discharge Ballasts, to the extent that the Settling Defendants are named as parties.
Lawsuit shall have the meaning set forth in the recitals hereto.
Claim means any (x) right to payment, whether or not such a right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured or (y) right to an equitable remedy for breach of performance if such breach gives rise to a right to payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured or unmatured, disputed, undisputed, secured or unsecured.
Litigation has the meaning ascribed to it in Section 3.13.
Transaction Litigation has the meaning set forth in Section 6.11.
Pending Litigation means the litigation matters that are described under “CPS – Recent Developments” in the Confidential Private Placement Memorandum dated as of June 6, 2014.
Complaint Investigation means an investigation of any complaint that has been made to a proper authority that is not covered by an abuse investigation.
Legal Action has the meaning set forth in Section 3.6(g).
legal or administrative action means any legal proceeding or arbitration and any administrative or regulatory action or investigation;
Third Party Claim has the meaning set forth in Section 10.3(a).
Litigation Claims means the claims, rights of action, suits or proceedings, whether in law or in equity, whether known or unknown, that any Debtor or any Estate may hold against any Person or Entity, including, without limitation, the Causes of Action of the Debtors or their Estates, in each case solely to the extent of the Debtors’ or their Estates’ interest therein. A non-exclusive list of the Litigation Claims held by the Debtors as of the Effective Date will be Filed with the Plan Supplement, which will be deemed to include any derivative actions filed against any Debtor as of the Effective Date.
Infringement Claim means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright.
Proceeding means an action, claim, suit, investigation or proceeding (including, without limitation, an investigation or partial proceeding, such as a deposition), whether commenced or threatened.
Fraud Claim means any claim based in whole or in part upon fraud, willful misconduct or intentional misrepresentation.
Environmental Proceeding means any judgment, action, proceeding or investigation pending before any court or governmental authority, with respect to a Borrower or any other Loan Party and arising under or relating to any Environmental Laws and Regulations.
Material Litigation is defined in Section 6.7.
Existing Litigation see Section 10.1.3.
Indemnity Claim has the meaning set forth in Section 11.5(b).
Released Claim means the matters that are subject to release and discharge pursuant to ARTICLE 10 hereof;
third party proceeding means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, other than an action by or in the right of the corporation.
Third party claimant means any individual, corporation, association, partnership or other legal entity asserting a claim against any individual, corporation, association, partnership or other legal entity insured under an insurance policy or insurance contract of an insurer; and
Indemnified Claim has the meaning set forth in Section 8.2.
Hearing means a contested case hearing subject to OAR 137-003- 0501 to 137-003-0700, which results in a Final Order.
Allegation means any written or oral statement or other indication of possible scientific misconduct made to an institutional official.
Unresolved Claim means a Claim, which at the relevant time, in whole or in part: (a) has not been Finally Determined to be a Proven Claim in accordance with the Amended Claims Procedure Order and this Plan; (b) is validly disputed in accordance with the Amended Claims Procedure Order; and/or (c) remains subject to review and for which a Notice of Allowance or Notice of Revision or Disallowance (each as defined in the Amended Claims Procedure Order) has not been issued to the Creditor in accordance with the Amended Claims Procedure Order as at the date of this Plan, in each of the foregoing clauses, including both as to proof and/or quantum;
Third Party Infringement has the meaning set forth in Section 7.3.1.