Equitable Defense definition

Equitable Defense means any bankruptcy, insolvency, reorganization or other laws affecting creditors’ rights generally, and with regard to equitable remedies, the discretion of the court before which proceedings to obtain equitable remedies may be pending.
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Equitable Defense means any Bankruptcy or other laws affecting creditors’ rights generally, and with regard to equitable remedies, the discretion of the court before which proceedings to obtain same may be pending.
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Equitable Defense and “Equitable Defenses” shall mean (whether applied in a proceeding at law or in equity) any bankruptcy, insolvency, reorganization, moratorium, or similar law(s) affecting enforcement of creditors’ rights generally or general principles of equity.
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Examples of Equitable Defense in a sentence

  • This Agreement has been duly authorized, executed, and delivered by the Buyer and, assuming due execution and delivery by, and enforceability against, the Seller, constitutes the legal, valid, and binding obligation of the Buyer enforceable against the Buyer in accordance with the provisions of this Agreement, except as such enforcement may be limited by any Equitable Defense.

  • This Agreement has been duly authorized, executed, and delivered by the Seller and, assuming due execution and delivery by, and enforceability against, the Buyer, constitutes the legal, valid, and binding obligation of the Seller enforceable against the Seller in accordance with the provisions of this Agreement, except as such enforcement may be limited by any Equitable Defense.

Related to Equitable Defense

  • Equitable Defenses means any bankruptcy, insolvency, reorganization and other laws affecting creditors’ rights generally, and with regard to equitable remedies, the discretion of the court before which proceedings to obtain same may be pending.

  • Defense shall include investigations of any threatened, pending or completed action, suit or proceeding as well as appeals thereof and shall also include any defensive assertion of a cross-claim or counterclaim;

  • Equitable means fair and reasonable under the circumstances.

  • 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.

  • Equitable Exceptions means, with respect to the enforceability of any obligation, that such obligation is subject to (a) applicable bankruptcy, insolvency, moratorium, receivership, assignment for the benefit of creditors or other similar state or federal laws affecting the rights and remedies of creditors generally (including, without limitation, fraudulent conveyance or transfer laws) and judicially developed doctrines in this area, such as equitable subordination and substantive consolidation of entities and (b) equitable principles (whether considered in a proceeding in equity or at law).