Estate Causes of Action means any and all Causes of Action owned, held, or capable of being asserted by or on behalf of either Debtor or its Estate, whether known or unknown, in law, at equity or otherwise, whenever and wherever arising under the laws of any jurisdiction, including actions that: (a) arise out of or are based on breach of contract, fraudulent conveyances and transfers, breach of fiduciary duty, breach of duty of loyalty or obedience, legal malpractice, recovery of attorneys’ fees, turnover of property and avoidance or recovery actions of the Debtors or their respective Estates, including actions that constitute property of the Estate under section 541 of the Bankruptcy Code that are or may be pursued by a representative of the Estates, including pursuant to section 323 of the Bankruptcy Code, and actions, including Avoidance Actions, that may be commenced by a representative of the Estates under section 362 or chapter 5 of the Bankruptcy Code, seeking relief in the form of damages (actual and punitive), imposition of a constructive trust, turnover of property, restitution, and declaratory relief with respect thereto or otherwise; or (b) seek to impose any liability upon, or injunctive relief on, any Protected Party or to satisfy, in whole or in part, any Abuse Claim.
Estate Causes of Action means any and all Causes of Action that any Debtor may have or be entitled to assert on behalf of its Estate or itself, whether or not asserted.
Estate Causes of Action means all Causes of Action of any of the Debtors and their Estates, including, but not limited to, (a) the right to object to or otherwise contest Claims or Interests; (b) claims pursuant to sections 362, 510, 542, 543, 544 through 550, or 553 of the Bankruptcy Code, including, but not limited to, Avoidance Actions; and (c) such claims and defenses as fraud, mistake, duress, and usury and any other defenses set forth in section 558 of the Bankruptcy Code. For the avoidance of doubt, the Estate Causes of Action include direct or derivative Claims or Causes of Action of any of the Debtors or their Estates (including Claims or Causes of Action relating to or arising out of invalid letters of credit described in the Disclosure Statement portions of this Combined Disclosure Statement and Plan) against: (a) any and all current and former officers, directors, shareholders, members, managers, employees, Affiliates, or insiders of any of the Debtors, including but not limited to for breach of fiduciary duty or aiding and abetting breach of fiduciary duty, contract, tort, equity or under and pursuant to any D&O Liability Insurance Policy (including for bad faith); (b) any other Person who transacted business with any of the Debtors or engaged in conduct with the parties identified in subsection (a) of this paragraph to the detriment of the Debtors; (c) all Persons or Entities that provided professional services to any of the Debtors, including, without limitation, all attorneys, accountants, auditors, financial advisors and other parties providing services to the Debtors; and (d) any Affiliates of the Persons described in subsections (a) through (c). A nonexclusive list of Estate Causes of Action shall be set forth in the Plan Supplement.
Examples of Estate Causes of Action in a sentence
The legal, equitable, and contractual rights of each holder of a Flow-Through Claim, if any, shall be unaltered by the Plan and shall be satisfied in the ordinary course of business at such time and in such manner as the applicable Reorganized Debtor is obligated to satisfy each Flow-Through Claim (subject to the preservation and flow-through of all Estate Causes of Action and defenses with respect thereto, which shall be fully preserved).
Xxxxxxxxxxx Title: Executive Vice President and Chief Financial Officer Accepted as of the date hereof Barclays Capital Inc.
The Creditor Trust may pursue Estate Causes of Action, as appropriate, in accordance with the best interests of the Creditor Trust.
For the avoidance of doubt, the Plan does not release any Estate Causes of Action that the Plan Proponents or the Creditor Trust have—or may have—now or in the future against any Person.
No Person may rely on the absence of a specific reference in the Plan or the Disclosure Statement to any Estate Cause of Action against such entity as any indication that the Creditor Trust will not pursue any and all available Estate Causes of Action against such Person.
More Definitions of Estate Causes of Action
Estate Causes of Action means Causes of Action of or owned by or assigned to the Estate including Avoidance Actions and including, but not limited to, those Causes of Action set forth on Exhibit B to the Disclosure Statement and any Subordination Action.
Estate Causes of Action means all Causes of Action that belong to the Estates other than Avoidance Actions, including, but not limited to: (a) all actions described in the Disclosure Statement, the Schedules and the Plan; and (b) any counterclaims or rights of setoff against any creditor. For the avoidance of doubt, the term Estate Causes of Action does not include (i) any Avoidance Actions, (ii) any Cause of Action or Avoidance Action transferred pursuant to the Asset Purchase Agreement or that the Debtors have covenanted not to pursue under the terms of the Asset Purchase Agreement or (iii) any claim, obligation, suit, judgment, damage, demand, debt, right, cause of action, act, omission or liability that is (x) released, waived, discharged or exculpated pursuant to Sections 12.06, 12.07 or 12.08 of the Plan, or (y) otherwise resolved by the Plan or Final Order of the Bankruptcy Court.
Estate Causes of Action means any Causes of Action held by any Estate.
Estate Causes of Action means (i) any avoidance or recovery action that belongs to or could have been raised by the Sellers or their respective Estates under article 5 of the Bankruptcy Code, and (ii) any and all causes of action, defenses, and counterclaims owned by or accruing to the Sellers or that is property of their Estates, based upon facts, circumstances and transactions that occurred prior to the Closing Date, except for causes of action, defenses and counterclaims arising from breaches of warranty relating to the Acquired Assets.
Estate Causes of Action means all Causes of Action of the Estate against any Entity.
Estate Causes of Action means (i) any avoidance or recovery action that belongs to or could have been raised by the Debtors or any of their respective Estates under Article 5 of the Bankruptcy Code, (ii) any causes of action, defenses, and counterclaims accruing to the Debtors or that is property of their Estates, based upon facts, circumstances and transactions that occurred prior to the Closing Date, and (iii) any Liabilities to the Debtors.
Estate Causes of Action means all Causes of Action that belong to the Estate andwhich are not released or otherwise resolved by the Broadcaster Settlement Agreement or Confirmation of the Plan, including but not limited to: (a) all Avoidance Actions; (b) all other claims in or of avoidance, recovery or subordination; and (c) all other actions described in the Disclosure Statement, the Schedules or the Plan. For the avoidance of doubt, the term Estate Causes of Action does not include (a) any Cause of Action or Avoidance Action acquired by the Successful Bidder or that the Debtor has covenanted not to pursue under the terms of the Successful Bidder Asset Purchase Agreement or (b) any Cause of Action or Avoidance Action resolved by the Broadcaster Settlement Agreement.