Litigation Assets definition

Litigation Assets means all the RCS Litigation Assets and the RCS Debtor Subsidiaries Litigation Assets. For the avoidance of doubt, “Litigation Assets” includes, without limitation, all Causes of Action of the Debtors, the RCS Debtor Affiliates (other than as provided in the RCS Plan), and the Registered Investment Advisors in respect of matters arising prior to the Effective Date against, or that may be brought against the Excluded Parties, and all rights, interests, and defenses related thereto.
Litigation Assets. The Debtor's interest in the Kraft Litigation and the OUTS Litigation (as hereinafter defined).
Litigation Assets means all (i) RIA Causes of Action, and (ii) all Non- Released Causes of Action other than (a) Retained Cause of Action and (b) Causes of Action retained by the Non-RCS Affiliates under the Prepackaged Plan and, in the case of (i) and (ii), all rights, interests, and defenses related thereto, in each case in respect of matters arising prior to the Effective Date. For the avoidance of doubt, “Litigation Assets” includes, without limitation, all Causes of Action of the Debtors, the Non-RCS Affiliates, and the Registered Investment Advisors in respect of matters arising prior to the Effective Date against, or that may be brought against, the Excluded Parties, and all rights, interests, and defenses related thereto.

Examples of Litigation Assets in a sentence

  • Pursuant to the terms of the Security Agreement, the Debtor has granted to the Assignee a security interest in the Litigation Assets, as more fully described therein, for the purpose of providing security for certain of the Debtor's other agreements as contained in Section 5.2 herein.

  • The Litigation Trustee will seek such direction from the Advisory Committee as he deems necessary or appropriate, but, in particular, the Litigation Trustee will seek direction from the Advisory Committee with respect to litigation strategy, financing (if any) for the Litigation Assets, whether to accept or make any settlement offer and the use of proceeds of any settlement.

  • Subject to Sections 2.5(a) and 2.5(b), upon the transfer of the Creditor Assets and Litigation Assets, the Creditor Trust shall succeed to all of the right, title and interest in the Creditor Assets and Litigation Assets of the Debtors, the Non-RCS Affiliates or the Registered Investment Advisors, as the case may be, and no other Person, including the Debtors or Reorganized Debtors, will have any further rights or interest in or with respect to the Creditor Assets, Litigation Assets or the Creditor Trust.

  • The amount described in Schedule “B” hereto shall be segregated from the general cash assets of the Applicants and used exclusively for the purpose of funding the administration of the Litigation Assets.

  • The Litigation Trustee will supervise, control and administer all aspects of the Litigation Assets of the Applicants, in consultation with the Applicants and subject to monitoring by the Monitor and supervision by the Court.

  • The Applicants agree to work with the Monitor, in consultation with DK and STMG (and subject to the right of all parties to seek directions from the Court), to realize upon any assets of the Applicants and the non-applicant subsidiaries (other than the cash, the Exchanged Shares, the Additional Shares and the Litigation Assets described herein) with a view to distributing net proceeds thereof as efficiently as reasonably possible and to provide the necessary proxies.

  • Exercise of the Rights shall be at the election of the holders thereof, and no holder of a Class A-1 Unit or holder of Class B Unit shall suffer any penalty for the failure to exercise a Right, except to the extent of the reduction, Pro Rata with all other holders of Series A-1 Units and/or holders of Class B Units, in the distributions that may otherwise be payable out of Litigation Assets on account of the distributions payable to holders of Class C Units, as provided in Section 4.8(b) below.

  • Proceeds of any RCS Debtor Subsidiary Litigation Assets shall be deposited to the Creditor Trust Litigation Expense Sub-Reserve established with respect to the RCS Debtor Subsidiary Litigation Assets of the respective Corresponding Debtor.

  • The Litigation Trustee will supervise and administer the Litigation Assets on a day-to day basis, including giving direction to counsel.

  • Thereafter, additional amounts may be added to the Creditor Trust Administrative Expense Reserve, in each case in such amounts and at such times as determined by the Creditor Trust Board, (x) by transfer of funds from the Creditor Trust Litigation Expense Sub-Reserve attributable to the RCS Litigation Assets, (y) from Cash constituting New Warrant Proceeds, and (z) from the proceeds of any Rights Offering or any indebtedness incurred by the Creditor Trust.


More Definitions of Litigation Assets

Litigation Assets means all claims and Causes of Action of Store It including but not limited to those set forth on Exhibit B (to be supplemented).
Litigation Assets means all the RCS Litigation Assets and the RCS
Litigation Assets means the RCS Litigation Assets and the RCS Debtor Subsidiary Litigation Assets.
Litigation Assets means Claims and Causes of Action of the Debtors (including Avoidance Actions but excluding the Qwest Litigation Claim) as of the Effective Date.
Litigation Assets means (a) all claims, rights, or other Causes of Action of any kind belonging to the Estates, but not claims to recover amounts owed to the Debtors by CMS, and (b) all Creditor Causes of Action with respect to which the Holder has affirmatively elected on its Ballot to assign or transfer such claims and Causes of Action to the Liquidating Trust, and/or within sixty (60) days after the Effective Date, or within such longer time period set forth in an order of the Court, executes an assignment agreement, in form and substance satisfactory to the Liquidating Trustee, assigning such claims and causes of action to the Liquidating Trustee; provided, further, that Litigation Assets shall not include preferential transfer claims that may be brought against any Entity that is not an Insider of the Debtors. For the avoidance of doubt, Medicare Claims to recover amounts owed to one or more of the Debtors by CMS shall be Residual Assets not Litigation Assets.

Related to Litigation Assets

  • 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.

  • Acquisition Assets With respect to an Acquisition, the aggregate net assets as of the effective date of such Acquisition of all Acquired Funds.

  • Litigation as used herein shall include administrative enforcement actions brought by governmental agencies. The Grantee must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, “material” refers, but is not limited, to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Grant Agreement or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the ▇▇▇▇▇▇▇’s financial condition.

  • Litigation Trust means the trust to be established on the Plan Implementation Date at the time specified in section 6.4(p) in accordance with the Litigation Trust Agreement pursuant to the laws of a jurisdiction that is acceptable to SFC and the Initial Consenting Noteholders, which trust will acquire the Litigation Trust Claims and will be funded with the Litigation Funding Amount in accordance with the Plan and the Litigation Trust Agreement.

  • Retained Causes of Action means any Cause of Action other than Avoidance Actions and any other Cause of Action that is expressly subject to the release and exculpation provisions of this Plan.