Claimant's Jurisdiction definition

Claimant's Jurisdiction means, with respect to a particular claimant, the jurisdiction in which such claimant's claim was filed (if at all) against a Debtor in the tort system prior to the Petition Date; provided, however, that if the claim was not filed against a Debtor in the tort system prior to the Petition Date, the claimant may elect as the Claimant's Jurisdiction either (i) the jurisdiction in which the claimant is domiciled at the time of diagnosis or when the claim is filed with the Plan Trust; or (ii) a jurisdiction in which the claimant experienced exposure to an asbestos-containing product for which a Debtor has legal responsibility. EXHIBIT H TO THE PLAN
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Examples of Claimant's Jurisdiction in a sentence

  • In the event a personal representative or authorized agent makes a claim under this TDP for wrongful death with respect to which the governing law of the Claimant's Jurisdiction could only be the Alabama Wrongful Death Statute, the Claimant's Jurisdiction for such claim shall be the Commonwealth of Pennsylvania, and such claimant's damages shall be determined pursuant to the statutory and common laws of the Commonwealth of Pennsylvania without regard to its choice of law principles.

  • In reviewing such Foreign Claims, the Plan Trust shall take into account all relevant procedural and substantive legal rules to which the claims would be subject in the Claimant's Jurisdiction as defined in Section 6.2(b)(2) below.

  • If either party rejects a non-binding arbitration award, and the claimant has otherwise complied with the requirements of these ADR/Arbitration procedures and the Plan, then the claimant may commence a lawsuit against the Plan Trust in the Claimant's Jurisdiction as that term is defined in Section 6.2(b)(2) of the TDP.

  • If the claim was not pending against NARCO and/or Honeywell as a named party in the tort system prior to the Petition Date, the Claimant's Jurisdiction is either (i) the jurisdiction in which the injured party was allegedly exposed to a NARCO asbestos-containing product, or (ii) the jurisdiction in which the injured party resides at the time the claim is filed with the NARCO Asbestos Trust.

  • For these purposes, the "Claimant's Jurisdiction" is the jurisdiction in which the claim was filed (if at all) against Congoleum in the tort system prior to the Petition Date.

  • The choice of law provision in Section 8.4 below applicable to any claim with respect to which, but for this choice of law provision, the applicable law of the Claimant's Jurisdiction pursuant to this Section 6.2(b)(2) is determined to be the Alabama Wrongful Death Statute, shall only govern the rights between the Plan Trust and the claimant, and, to the extent the Plan Trust seeks recovery from any entity that provided insurance coverage to Congoleum, the Alabama Wrongful Death Statute shall govern.

  • The person must comply with the Commission’s direction within seven (7) days of receiving the notice or such other period of time that the Commission may specify in the notice.

  • If the claim was not filed against Congoleum in the tort system prior to the Petition Date, the claimant may elect as the Claimant's Jurisdiction either (i) the jurisdiction in which the claimant resides at the time of diagnosis or when the claim is filed with the Plan Trust; or (ii) a jurisdiction in which the claimant experienced exposure to an asbestos-containing product manufactured, produced or distributed by Congoleum or in a Congoleum facility.

  • If the holder of a disputed claim disagrees with the Plan Trust's determination regarding the Disease Level of the claim, the claimant's exposure history or the liquidated value of the claim, and if the holder has first submitted the claim to non-binding arbitration as provided in Section 6.9 above, the holder may file a lawsuit in the Claimant's Jurisdiction as defined in Section 6.2(b)(2) above.

  • Except for the liquidation of TDP Valued Asbestos Claims under the Alabama Wrongful Death Statute as provided in Section 7.2 above, the law governing the liquidation of Plan Trust PI Asbestos Claims in the case of EXHIBIT H TO THE PLAN Individual Review, arbitration, or litigation in the tort system shall be the law of the Claimant's Jurisdiction.

Related to Claimant's Jurisdiction

  • Base jurisdiction means the Member Jurisdiction, selected in accordance with Section 305, to which an Applicant applies for apportioned registration under the Plan or the Member Jurisdiction that issues apportioned registration to a Registrant under the Plan.

  • Uniform Commercial Code jurisdiction means any jurisdiction that has adopted all or substantially all of Article 9 as contained in the 2000 Official Text of the Uniform Commercial Code, as recommended by the National Conference of Commissioners on Uniform State Laws and the American Law Institute, together with any subsequent amendments or modifications to the Official Text.

  • Home jurisdiction means the jurisdiction that issued the driver's license of the traffic violator.

  • Pertinent Jurisdiction in relation to a company, means:

  • Eligible Jurisdiction means Australia, Canada, Cayman Islands, Germany, Ireland, Luxembourg, New Zealand, Sweden, Switzerland, The Netherlands, the United Kingdom and the United States.

  • Applicable Jurisdiction means the jurisdiction or jurisdictions under which the Borrower is organized, domiciled or resident or from which any of its business activities are conducted or in which any of its properties are located and which has jurisdiction over the subject matter being addressed.

  • Court of competent jurisdiction means a federal court, or a state court that entered an order in a child custody proceeding involving an Indian child, as long as the state court had proper subject matter jurisdiction in accordance with this chapter and the laws of that state, or a tribal court that had or has exclusive or concurrent jurisdiction pursuant to 25 U.S.C. Sec. 1911.

  • Jurisdiction means a province or territory of Canada except when used in the term foreign jurisdiction;

  • Local jurisdiction means the jurisdiction in which the Canadian securities regulatory authority is situate;

  • Courts means the Ontario Court, the Quebec Court and the BC Court.

  • Non-Cooperative Jurisdiction means any foreign country that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Task Force on Money Laundering, of which the U.S. is a member and with which designation the U.S. representative to the group or organization continues to concur.

  • Authority Having Jurisdiction means a federal, state, local, or other regional department, or an individual such as a fire marshal, building official, electrical inspector, utility provider or other individual having statutory authority.

  • Covered Jurisdiction means the United States (or any state or commonwealth thereof or the District of Columbia).

  • Venue means the premises as delineated and shown edged red in Annex A.

  • Original Jurisdiction means, in relation to an Obligor, the jurisdiction under whose laws that Obligor is incorporated as at the date of this Agreement.

  • Trial court means the court or agency from which an appeal or judicial review is taken.

  • Relevant Jurisdiction means, with respect to a party, the jurisdictions (a) in which the party is incorporated, organised, managed and controlled or considered to have its seat, (b) where an Office through which the party is acting for purposes of this Agreement is located, (c) in which the party executes this Agreement and (d) in relation to any payment, from or through which such payment is made.

  • Tribal Court means a court with jurisdiction over child custody proceedings and that is either a Court of Indian Offenses, a court established and operated under the code of custom of an Indian tribe or any other administrative body of a tribe that is vested with authority over child custody proceedings.

  • Participating Jurisdiction means a jurisdiction with which an agreement is in place pursuant to which it will provide the information required on the automatic exchange of financial account information set out in the Common Reporting Standard.

  • Taxing Jurisdiction is defined in Section 13.

  • Offering Jurisdictions means the United States and the Qualifying Jurisdictions;

  • Court means the Supreme Court of British Columbia;