Disputed Assets definition

Disputed Assets has the meaning set forth in Section 4.1(f)(ii).
Sample 1Sample 2Sample 3
Disputed Assets shall have the meaning ascribed to such term in Section 6.12.
Sample 1Sample 2
Disputed Assets means each asset that is at issue in the Adversary Proceedings, including, but not limited to, the Disputed Tax Refunds, Trust Securities, Visa Shares, Pension Plan, Legacy Rabbi Trusts, BOLI/COLI Policies, Intangible Property, Goodwill Litigation, Capital Contributions, Preferential Transfers, and Disputed Accounts.
Sample 1

Examples of Disputed Assets in a sentence

  • The Clearance Box Assets The Clearance Box Assets are within the third category of Disputed Assets and consist of approximately $1.9 billion in unencumbered securities held in LBI's "clearance box" accounts at The Depository Trust & Clearing Corporation (with its clearing agency subsidiaries, "DTCC").42 These assets facilitated securities trading by providing collateral to secure open trading positions.

  • To the extent that the Clarification Letter is treated as an enforceable document, the Court must interpret its plain language to determine which party is entitled to each of the three classes of Disputed Assets.

  • Resolution of Claims to the Three Classes of Disputed Assets Barclays claims that the Clarification Letter unconditionally entitles it to the three classes of Disputed Assets: (i) the 15c3-3 Assets, (ii) the Margin Assets, and (iii) the Clearance Box Assets.

  • Despite the Lack of Formal Court Approval, the Clarification Letter is Nonetheless Enforceable Although the provisions of the Clarification Letter relating to the Disputed Assets were never approved by the Court, the parties relied upon the letter as a whole and treated the letter as binding and enforceable.

  • The SIPA Trustee is Not Entitled to Relief Under Rule 60(b) With Respect to the Transfer of the Clearance Box Assets to Barclays The SIPA Trustee requests conditional relief from the Sale Order47 under Rule 60(b) in the event that the Court interprets the Clarification Letter to authorize transfer of the Disputed Assets to Barclays.

  • The Court believes that separate approval of the Clarification Letter should have been requested because provisions of the document relating to the Disputed Assets materially modified the transaction that was approved by the Court at the Sale Hearing.

  • Although the omission from the Sale Hearing of any meaningful discussion of the Disputed Assets may have deviated from the core principles of disclosure underlying Section 363 of the Bankruptcy Code, such a failure does not render the Clarification Letter unenforceable in this instance because the parties themselves have acted in reliance upon the Clarification Letter and have treated the document as enforceable.

  • But the Court was not aware at the time of the Sale Hearing that the transaction included the Disputed Assets nor did the Court know anything about the so-called asset scramble in which Barclays used the threat of walking from the deal to demand more assets.

  • To the extent that Barclays intended to rely on the language of the Clarification Letter in asserting rights to the Disputed Assets, it would have been proper (and certainly better practice) to have sought the Court's explicit "blessing" of such a key transactional document.

  • Barclays argues that although the portion of the Clarification Letter relating to the Disputed Assets was never presented for approval, it can be effectively "deemed" approved because the transfer of such assets was sufficiently contemplated by the Court at the time of the Sale Order.


More Definitions of Disputed Assets

Disputed Assets means the CLAI Disputed Assets and the CLI Disputed Assets, as applicable.
Sample 1

Related to Disputed Assets

  • Disputed Items has the meaning set forth in Section 3(b)(3)(A).

  • Disputed Item has the meaning set forth in Section 1.3(c).

  • Disputed Amounts has the meaning set forth in Section 2.04(c)(iii).

  • Disputed Amount means an amount which Customer disputes. A Disputed Amount may relate to the whole or part of an invoice(s).

  • Disputed means, with respect to any Claim or Interest, any Claim or Interest that is not yet Allowed.

  • Disputed Claim means any Claim that is not Allowed.

  • Tax Dispute has the meaning set forth in Section 5.06.

  • Acquired Assets has the meaning set forth in Section 2.1.

  • Disagreement means a difference of opinion between personnel of a reporting issuer responsible for finalizing the reporting issuer’s financial statements and the personnel of a predecessor auditor responsible for authorizing the issuance of audit reports on the reporting issuer’s financial statements or authorizing the communication of the results of the auditor’s review of the reporting issuer’s interim financial report, if the difference of opinion

  • Undisputed Amounts has the meaning set forth in Section 2.04(c)(iii).

  • Contributed Assets shall have the meaning as set forth in Section 2.2.

  • Dispute Date means, with respect to a Dispute, the date on which a Dispute Notice is effectively delivered by one party to the other party save that if, with respect to a Dispute, both parties deliver a Dispute Notice, the date on which the first in time of such notices is effectively delivered will be the Dispute Date. Each Dispute Notice will be effectively delivered if delivered in the manner agreed between the parties for the giving of notices in respect of this Agreement.

  • Purchased Assets has the meaning set forth in Section 2.1.

  • Post-Closing Straddle Period means the portion of a Straddle Period beginning the day after the Closing Date.

  • Transferred Assets has the meaning set forth in Section 2.1.

  • Final Determination means the final resolution of liability for any Tax for any taxable period, by or as a result of (i) a final and unappealable decision, judgment, decree or other order by any court of competent jurisdiction; (ii) a final settlement with the IRS, a closing agreement or accepted offer in compromise under section 7121 or section 7122 of the Code, or a comparable agreement under the laws of other jurisdictions, which resolves the entire Tax liability for any taxable period; (iii) any allowance of a refund or credit in respect of an overpayment of Tax, but only after the expiration of all periods during which such refund may be recovered by the jurisdiction imposing the Tax; or (iv) any other final disposition, including by reason of the expiration of the applicable statute of limitations.

  • Pre-Closing Straddle Period means the portion of a Straddle Period ending on the Closing Date.

  • Closing Statement has the meaning set forth in Section 2.5(a).

  • Initial determination means the first child custody determination concerning a particular child.

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

  • Included Assets has the meaning in Section 5.1(d)(ii)(A).

  • Subject Assets is defined in Section 2.2(c).

  • Closing Adjustment has the meaning set forth in Section 2.04(a)(ii).

  • Title Defects has the meaning set forth in Section 5.15(b).

  • Company Assets means all assets and property, whether tangible or intangible and whether real, personal or mixed, at any time owned by the Company.

  • Relevant Dispute means any difference between the parties arising out of or in connection with this contract; "Relevant Force Majeure Event" has the meaning ascribed to it in Clause 17.1;