Deemed Proven Claims definition

Deemed Proven Claims means the Landlord’s Affected Claim and Sears’ Affected Claim.
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Deemed Proven Claims means: (i) an Affected Claim in favour of the Direct Purchaser Claimants in the principal amount of US$10,000,000 plus applicable interest against the Fund, Arctic Glacier Inc. and Arctic Glacier International Inc. at the interest rate set out in the Sanction Order; and (ii) the DOJ Claim.
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Examples of Deemed Proven Claims in a sentence

  • The interest rate that will be used to calculate the quantum of the Deemed Proven Claims and the Aggregate Interest Amount in respect of each other Proven Claim (save and except for the Canadian Direct Purchaser Proven Claim and the Indirect Purchaser Proven Claim) will be specified in the Sanction Order.

  • Affected Creditors with Deemed Proven Claims were deemed to vote in favour of the Amended and Restated Plan.

  • Pursuant to the Meeting Order, for purposes of voting at the Meeting, the Affected Creditors (other than Convenience Creditors and Affected Creditors with Deemed Proven Claims) or their proxies were entitled to one vote as a member of the Affected Creditors’ Class.

  • The Claimants with Deemed Proven Claims are not required to file a Proof of Claim in the Claims Process as the Applicants have previously agreed to the amounts owing and obtained court approval in respect of such Claims.

  • The Deemed Proven Claims under the Claims Procedure Order are: (a) the Landlord’s Affected Claim; and (b) Sears’ Affected Claim.

  • The Monitor has received 83 Proofs of Claim, including the Deemed Proven Claims of the DOJ and the Direct Purchaser Claimants, and has also received 4 DO&T Proofs of Claim.

  • As reported in the Fifteenth Report, the Seventeenth Report and the Twentieth Report, the Monitor received 83 Proofs of Claim, with Claim amounts totaling at least $547.5 million (combined currency), including the Deemed Proven Claims of the DOJ and the Direct Purchaser Claimants, and also received 4 DO&T Proofs of Claim.

  • Further, the treatment of these Claims as Deemed Proven Claims will result in a more efficient Claims Process.

  • Under the Claims Procedure Order, Claims include: (a) Prefiling Claims; (b) Restructuring Period Claims; (c) Director/Officer Claims; and (d) Deemed Proven Claims.

  • Certain of the Claims are Deemed Proven Claims (those of the Direct Purchaser Claimants and the DOJ).

Related to Deemed Proven Claims

  • Proven Claim means (a) a Claim of a Creditor, Finally Determined as an Allowed Claim for voting, distribution and payment purposes under the Plan, (b) in the case of the Participating CCAA Parties in respect of their CCAA Party Pre-Filing Interco Claims, and in the case of the Non-Filed Affiliates in respect of their Non-Filed Affiliate Unsecured Interco Claims and Non- Filed Affiliate Secured Interco Claims, as such Claims are declared, solely for the purposes of the Plan, to be Proven Claims pursuant to and in the amounts set out in the Amended and Restated Meetings Order, and (c) in the case of Employee Priority Claims and Government Priority Claims, as Finally Determined to be a valid post-Filing Date claim against a Participating CCAA Party;

  • 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.

  • Joint Patents has the meaning set forth in Section 8.1.

  • Collaboration Patents means any and all Patents that claim or cover any of the Collaboration Know-How.

  • Collaboration Patent Rights means Patent Rights claiming Collaboration Know-How.

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

  • Product Patents means any Patent Controlled or owned by Quoin in the Territory that, absent the license in Section 2.1, would be infringed by the importation, sale, or use of the Product in the Territory by a third party.

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

  • Unresolved Claims has the meaning set forth in Section 7.6(c).

  • 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.

  • Tax Claims means any Claim against the Participating CCAA Parties (or any one of them) for any Taxes in respect of any taxation year or period ending on or prior to the applicable Filing Date, and in any case where a taxation year or period commences on or prior to the applicable Filing Date, for any Taxes in respect of or attributable to the portion of the taxation period commencing prior to the applicable Filing Date and up to and including the applicable Filing Date. For greater certainty, a Tax Claim shall include, without limitation, (a) any and all Claims of any Taxing Authority in respect of transfer pricing adjustments and any Canadian or non- resident Tax related thereto, and (b) any Claims against any BL/Wabush Released Party in respect of such Taxes;

  • Settled Claims means any and all actions, claims, debts, demands, duties, obligations, sums of money, suits, contracts, agreements, promises, damages, causes of action and rights and liabilities whatsoever (including, but not limited to, any claims for damages, interest, attorneys’ fees, expert or consulting fees and any other costs, expenses, losses, or liabilities whatsoever), whether based on federal, state or local statute or common law, rule or regulation, foreign or domestic, at law or in equity, matured or unmatured, foreseen or unforeseen, known or unknown, suspected or unsuspected, contingent or non-contingent, whether class or individual in nature, against the Released Parties, belonging to Plaintiff or to any other Class Member and/or their present or past heirs, executors, estates, administrators, predecessors, successors, assigns or to any other Person claiming through or on behalf of them (collectively, the “Releasing Persons”), that (i) have been asserted in this Action, or (ii) could have been asserted in this Action or in any other court, tribunal, proceeding or forum against the Released Parties, and that (x) arise out of, are based upon, or relate in any way to any of the claims or allegations in the Action including any of the acts, facts, events, disclosures, or omissions alleged in the Action, and (y) that relate to the purchase or acquisition of Cliffs Depositary Shares pursuant or traceable to the Company’s February 12, 2013 Offering and its associated Registration Statement. “Settled Claims” includes “Unknown Claims” as defined below. Excluded from Settled Claims are claims relating to the enforcement of the Stipulation or the Settlement.

  • Prior Claims means the Competing Claims to which the Authority’s right to the Building Aid is subordinated by the School Financing Act.

  • Section 510(b) Claims means any Claim against any Debtor: (a) arising from the rescission of a purchase or sale of a Security of any Debtor or an affiliate of any Debtor; (b) for damages arising from the purchase or sale of such a Security; or (c) for reimbursement or contribution Allowed under section 502 of the Bankruptcy Code on account of such a Claim; provided that a Section 510(b) Claim shall not include any Claims subject to subordination under section 510(b) of the Bankruptcy Code arising from or related to an Interest.

  • Internal Collaboration means collaborative arrangements within a group of companies or within various strategic business. units/subsidiaries/operating divisions in order to gain a strategic position whilst sharing resources, profits and losses as well as risks

  • Joint Patent means a patent that issues from a Joint Patent Application.

  • Company Patents means Patents owned by the Company or used or held for use by the Company in the Business.

  • IPR Claim means any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of any IPR, used to provide the Services or as otherwise provided and/or licensed by the Supplier (or to which the Supplier has provided access) to the Authority in the fulfilment of its obligations under this Framework Agreement;

  • Insured Claims means those Liabilities that, individually or in the aggregate, are covered within the terms and conditions of any of the Company Policies, whether or not subject to deductibles, co-insurance, uncollectability or retrospectively-rated premium adjustments, but only to the extent that such Liabilities are within applicable Company Policy limits, including aggregates.

  • Unknown Claims means any Released Plaintiffs’ Claims which any Lead Plaintiff or any other Settlement Class Member does not know or suspect to exist in his, her or its favor at the time of the release of such claims, and any Released Defendants’ Claims which any Defendant or any other Defendants’ Releasee does not know or suspect to exist in his, her, or its favor at the time of the release of such claims, which, if known by him, her or it, might have affected his, her or its decision(s) with respect to this Settlement. With respect to any and all Released Claims, the Parties stipulate and agree that, upon the Effective Date of the Settlement, Lead Plaintiffs and Defendants shall expressly waive, and each of the other Settlement Class Members and each of the other Defendants’ Releasees shall be deemed to have waived, and by operation of the Judgment or the Alternate Judgment, if applicable, shall have expressly waived, any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common law or foreign law, which is similar, comparable, or equivalent to California Civil Code §1542, which provides:

  • Disputed Claims Reserve means a reserve of Cash that may be funded on or after the Effective Date pursuant to Article VII.E hereof.

  • Defense Expenses means reasonable and necessary fees, costs, charges or expenses resulting from the investigation, defense or appeal of a Claim or a Proceeding. Defense Expenses do not include: (a) amounts incurred prior to the date a Claim is first made, or aProceeding is first brought, and reported to the Insurer; (b) compensation or benefits of any natural person Insured or any overhead expenses of any Insured organization; (c) fines or penalties; or (d) any costs, fees or expenses to comply with a determination or decision made by a regulatory body, licensing board, agency or other organization in a Proceeding.

  • Program Patent Rights means any Patent Rights that contain one or more claims that cover Program Inventions.

  • Third Party Infringement Claim has the meaning set forth in Section 5.4.

  • Infringement has the meaning set forth in Section 6.3(a).