Daimler Litigation definition

Daimler Litigation means the adversary proceeding initiated in the Bankruptcy Court and styled prior to the Effective Date as The Official Committee of Unsecured Creditors of Old Carco LLC (f/k/a Chrysler LLC) v. Daimler AG (f/k/a DaimlerChrysler AG), et al., Adv. No. 09-00505-AJG (Bankr. S.D.N.Y.), which was initiated on behalf of the Debtors' Estates, as it may be amended; provided that no director, manager or officer of the Debtors on or after the Petition Date shall be named as a defendant in the Daimler Litigation.
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Daimler Litigation means the adversary proceeding initiated in the Bankruptcy Court and styled
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Examples of Daimler Litigation in a sentence

  • The Liquidation Trustee may pursue such retained claims, demands, rights or Causes of Action, including any Recovery Actions other than the Daimler Litigation, as appropriate, in accordance with the best interests of the Estates, and all such retained claims, demands, rights or Causes of Action (or proceeds thereof) shall constitute part of the Liquidation Trust Assets.

  • In addition to the Daimler Litigation, the Causes of Action retained by the Liquidation Trust include, without limitation, any Causes of Action that any Debtor or any Estate may have against: (a) Electronic Data Systems, LLC d/b/a HP Enterprise Services (f/k/a Electronic Data Systems Corporation), EDS Information Systems L.L.C., EDS Canada Corp.

  • On the Effective Date or as promptly thereafter as is practicable, the Liquidation Trust shall be substituted as the plaintiff in the Daimler Litigation.

  • The Litigation Manager shall inform the Liquidation Trustee in writing or orally, as desired by the Liquidation Trustee, on the status of the Daimler Litigation on a periodic basis, but in any event not less than monthly.

  • From and after the Effective Date, the Daimler Litigation will continue to be pursued and otherwise prosecuted by Contingency Fee Counsel on behalf of the Liquidation Trust and at the direction of the Litigation Manager, subject to the applicable terms of the Contingency Fee Counsel Agreement.

  • Prior to the Effective Date, the Creditors' Committee's Professionals were required to maintain separate records of expenses for all Daimler Litigation Costs that were to be paid pursuant to the Interim Compensation Order, as well as any applicable orders that may be entered by the Bankruptcy Court.

  • As promptly as possible after the receipt of any Daimler Proceeds, the Liquidation Trustee will use the Daimler Proceeds to pay, in the order set forth in this subsection, (A) the Contingency Fees, to the extent due under the Contingency Fee Counsel Agreement; and (B) any fees, expenses or other costs arising out of or in connection with the Daimler Litigation not otherwise covered by the Daimler Fund.

  • Notwithstanding anything in the Plan to the contrary, the Government DIP Lenders shall not provide funding for, and the DIP Collateral or the proceeds thereof shall not be used to pay, any Daimler Litigation Costs or Contingency Fees unless (A) the Class 3A Voting Condition is not satisfied and (B) the Government DIP Lenders otherwise agree in writing.

  • The Debtors shall take such steps as are reasonably practicable to assure that as of the Effective Date all books and records of the Debtors that the Liquidation Trust, the Liquidation Trustee and/or the Litigation Manager may need to perform their duties under the Plan (including with respect to the Daimler Litigation) are preserved, retained and made available to them.

  • The property of the Debtors' Estates will not revest in the Debtors on or after the Effective Date but shall vest in the Liquidation Trust, to be administered by the Liquidation Trustee (or, solely with respect to the Daimler Litigation and as set forth in Sections IV.G.2 and IV.H and the Litigation Manager Agreement, the Litigation Manager) in accordance with the Plan, the Liquidation Trust Agreement and/or the Litigation Manager Agreement, as applicable.

Related to Daimler Litigation

  • Transaction Litigation has the meaning set forth in Section 5.2(d).

  • Pending Litigation means a proceeding in a court of law whose activity is in progress but not yet completed.

  • Legal Action means and includes any claim, counterclaim, demand, action, suit, counterclaim, arbitration, inquiry, proceeding or investigation before any

  • Threatened litigation as used herein shall include governmental investigations and civil investigative demands. “Litigation” as used herein shall include administrative enforcement actions brought by governmental agencies. The Contractor must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, “material” refers, but is not limited, to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Contract or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the Contractor’s financial condition.

  • Lawsuit means any lawsuit, arbitration or other dispute resolution filed by either party herein pertaining to any of this Warrant, the Facility Agreement and the Registration Rights Agreement.

  • Litigation means any action, suit or proceeding before any court, mediator, arbitrator or Governmental Authority.

  • dispute resolution proceeding ’ means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate;

  • Material Litigation is defined in Section 6.7.

  • Complaint Investigation means an investigation of any complaint that has been made to a proper authority that is not covered by an abuse investigation.

  • 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.

  • Informal proceedings means proceedings for probate of a will or appointment of a personal representative conducted by the probate register without notice to interested persons.

  • Dispute Resolution Process means the process described in clause 9

  • Disclosed Litigation has the meaning specified in Section 3.01(b).

  • Formal proceedings means proceedings conducted before a judge with notice to interested persons.

  • 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.

  • resolution action means the decision to place an institution or entity referred to in point (b), (c) or (d) of Article 1(1) under resolution pursuant to Article 32 or 33, the application of a resolution tool, or the exercise of one or more resolution powers;

  • Claim means any action, claim, obligation, liability, expense, lawsuit, demand, suit, inquiry, hearing, investigation, notice of a violation, litigation, proceeding, arbitration, or other dispute, whether civil, criminal, administrative or otherwise, whether pursuant to contractual obligations or otherwise.

  • ADR Proceeding means either an Arbitration or a Mediation.

  • Complaints Procedure means the School's procedure for handling complaints from parents, as amended from time to time for legal or other substantive reasons, or in order to assist the proper administration of the School. It does not form part of the contract between you and the School. A copy of the most up-to-date procedure is on the School's website and is otherwise available from the School at any time upon request;

  • Civil action means all suits or claims of a civil nature in a state or federal court, whether cognizable as cases at law or in equity or admiralty. "Civil action" does not include any of the following:

  • Infringement Action has the meaning set forth in Section 9.6(b).

  • Hearing means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;

  • Criminal proceeding means a proceeding instituted by means of the swearing of an information, the laying of a charge or the return of an indictment, before a Court of competent jurisdiction in Canada with jurisdiction to hear and determine the charges referred to therein, alleging or charging that the "Insured" has contravened the provisions of any Provincial or Federal statute, including the Criminal Code, R.S.C. 1985 ch. C-46 as amended, which creates an offence or crime and which provides for conviction thereunder, whether by way of summary conviction or indictment, and as a result of which the "Insured" is liable to be convicted, fined or sentenced to some form of imprisonment or other punishment.

  • Retained Causes of Action means those Causes of Action that shall vest in the Reorganized Debtors on the Effective Date, which, for the avoidance of doubt, shall not include any of the Causes of Action that are settled, released or exculpated under the Plan.

  • Mediation means any process in which a mediator facilitates communication and negotiation between the parties to assist them in reaching a voluntary agreement regarding their dispute.

  • criminal proceedings means criminal proceedings in relation to which the strict rules of evidence apply;