Class Action Claims definition

Class Action Claims means, collectively, any rights or claims of any kind advanced or which may subsequently be advanced in the Class Actions or in any other similar proceeding, whether a class action proceeding or otherwise, and for greater certainty includes any Noteholder Class Action Claims.

Class Action Claims means the allegations and causes of action referenced in the purported Class Action Adversary Proceeding.

Class Action Claims means all claims, demands, rights, liabilities, and causes of action of any kind whatsoever, known or unknown, asserted or which might have been asserted in a direct, derivative, or other capacity against any Entity arising out of, relating to, or in connection with (a) the purchase, sale, or other decision or action made or taken, or declined, failed, or refused to be made or taken or otherwise foregone, concerning or relating to any Equity Interests, (b) the facts, transactions, events, occurrences, acts, representations, disclosure, statements, omissions, or failures to act that were the subject of or were alleged in the Securities Class Actions against FTL Cayman, FTL Inc., the other members of Fruit of the Loom, or any and all other Persons and Entities, or any other action that was or could have been initiated against any of the foregoing on or before the Confirmation Date, whether asserted individually or on behalf of a class of plaintiffs, and (c) the purchase, ownership, or sale of common stock or other equity securities of FTL Inc. or FTL Cayman.

Examples of Class Action Claims in a sentence

• Subject to section 4.4(f) hereof, Noteholder Class Action Claimants shall not receive any consideration or distributions under the Plan in respect of their Noteholder Class Action Claims.

• Nothing in this Plan impairs, affects or limits in any way the ability of SFC, the Monitor or the Initial Consenting Noteholders to seek or obtain an Order, whether before or after the Plan Implementation Date, directing that Class Action Indemnity Claims in respect of Noteholder Class Action Claims or any other Claims of the Third Party Defendants should receive the same or similar treatment as is afforded to Class Action Indemnity Claims in respect of Equity Claims under the terms of this Plan.

• In effect, under the terms of the Plan and the Sanction Order, designation as a Named Third Party Defendant operated as a release of these parties’ indemnity claims against the Company6 and no other parties remained who could claim indemnity for Noteholder Class Action Claims.

• For this purpose, the Unresolved Claims were initially set at $162.5 million, comprised of $150 million for Indemnified Noteholder Class Action Claims, $12 million for Defence Cost Claims and $500,000 for Other Affected Creditor Claims.

• All Noteholder Class Action Claims against SFC, the Subsidiaries or the Named Directors or Officers (other than any Noteholder Class Action Claims against the Named Directors or Officers that are Section 5.1(2) D&O Claims, Conspiracy Claims or Non-Released D&O Claims) shall be fully, finally, irrevocably and forever compromised, released, discharged, cancelled and barred without consideration as against all said Persons on the Plan Implementation Date.

More Definitions of Class Action Claims

Class Action Claims means any claim or assertion by any Person that the Company, at any time prior to the Closing, did one or more of the following: (a) invoiced one or more of its customers for long distance services that were never rendered; (b) invoiced its customers at long distance rates above the rates which the customers contracted for; (c) overstated in its customer invoice(s) the time of long distance telephone calls made (rounded to the nearest billing increment); or (d) utilized software that caused the Company to record or invoice more time per long distance call than the properly chargeable time (rounded to the nearest billing increment).

Class Action Claims means any Claim against any of the Debtors, whether or not the subject of an existing lawsuit, arising from rescission of a purchase, sale or ownership of shares or notes, or any other securities of any of the Debtors or an affiliate of any of the Debtors, for damages arising from or related to the purchase or sale of any such security, or for reimbursement or contribution allowed under section 502 of the Bankruptcy Code on account of any such Claim.

Class Action Claims means any Claim against any of the Debtors, whether or not the subject of an existing lawsuit, arising from rescission of a purchase, sale or ownership of shares or notes, or any other securities of any of the Debtors or an affiliate of any of the Debtors, for damages arising from or related to the purchase or sale of any such security, or for reimbursement or contribution allowed under section 502 of the Bankruptcy Code on account of any such Claim, including, without limitation, the claim (the "Actrade Securities Litigation Claim") of the lead plaintiffs in the class action captioned IN RE ACTRADE FINANCIAL TECHNOLOGIES LTD. SECURITIES LITIGATION, Civ. Action No. 02-CV-1263 (RMB) (S.D.N.Y.) (hereinafter, the "Actrade Securities Litigation") on behalf of themselves and class members described in the second amended complaint in said action, as set forth in the Proof of Claim filed on behalf of the lead plaintiffs against the Debtors in the Chapter 11 Cases.

Class Action Claims means all claims held by the Class Action Plaintiffs arising from or relating to the Class Action Litigation.

Class Action Claims means all claims arising from the Class Action Suits.

Class Action Claims means the Claims of the Class Representative, held by it pursuant to orders of the Class-Action Court for the benefit of the plaintiffs (except the Securities Claims of those plaintiffs who hold them, directly or indirectly, of record or Beneficially who are Subordinated Entities) in the Class-Action Securities Suit against the Debtor.

Class Action Claims means Claims of the members of the Class that are accepted under the Plan.