Examiner Report definition
Examples of Examiner Report in a sentence
External Examiner Report The external examiner issues a written report (UFORM027 UniHaven External Examiner Report Rev 1 in the Appendix) report that addresses the following10 each time an individual or a cohort of students is assessed.
Given the uncertain prospects of recovery, along with the inevitable significant costs, delay, and risk of loss inherent in pursuing the alternative of litigating the claims identified in the Examiner Report against Dynegy and the directors and officers, providing estate releases in exchange for the substantial consideration provided under the Settlement is entirely reasonable and a sound exercise of business judgment on the part of the Independent Manager on behalf of DH.
Indeed, the Dynegy Examiner Response includes lengthy legal and factual arguments against the theories and claims set forth in the Examiner Report, both in terms of the alleged claims against Dynegy as an entity as well as those alleged against the directors and officers of Dynegy and DH.
Seal of Examiner Report The Examiner Report shall be sealed through and including the earlier of (a) the date the Bankruptcy Court approves the Plan Support Agreement, and (b) July 3, 2013, provided that if the Plan Support Agreement is terminated, the Examiner Report may be filed publicly the next Business Day after the effective date of such termination.
The substantial consideration being provided to the Debtors’ estates and their creditors as part of the Settlement reflects a reasonable resolution of all of the claims discussed in the Examiner Report as well as those asserted in the Lease Adversary Proceeding.
As noted above, any potential litigation based upon the allegations contained in the Examiner Report would be certain to be hotly contested and subject to significant challenge.
With respect to the constructive fraudulent conveyance claims, insolvency is a necessary threshold issue, and, as such, the Examiner stated that “many of the conclusions reached [in the Examiner Report] would be different if [DH] were, in fact, solvent.” Examiner Report at 14.
Implicitly recognizing the nature of the task, the Examiner assumed for purposes of the Examiner Report that DH was insolvent at the time of the CoalCo Transaction.
The releases included in the Settlement Agreement reasonably and justifiably take into account the uncertainty of any actual litigation of the claims discussed in the Examiner Report.
External Examiner reports and related correspondence will be used extensively as part of the College’s programme and module reviews…see UPOL005 UniHaven Programme Review and Development Policy Rev 2 where, if necessary, the College will make appropriate adjustments to the programme, a module or assessment method, or future examination paper as recommended in an External Examiner Report.