Mixed Claim means a claim that makes allegations of Abuse related to or arising from Scouting as well as Abuse that occurred prior to the Petition Date unrelated to or not arising from Scouting. A claim shall not be treated as a Mixed Claim unless and until Scouting-related Abuse allegations have been asserted through a Proof of Claim, the complaint, sworn discovery or testimony (including by affidavit).
Mixed Claim means a Talc Personal Injury Claim for Ovarian Cancer or Mesothelioma that is both an Indemnified Claim and a Non-Indemnified Claim.
Mixed Claim means an Abuse Claim that makes allegations of Abuse related to or arising from Scouting as well as Abuse that occurred prior to the Petition Date unrelated to or not arising from Scouting (“Non-Scouting Abuse”). A claim shall not be treated as a Mixed Claim unless and until Scouting Abuse allegations have been asserted in the proceeding through the Complaint, sworn discovery or testimony.
Examples of Mixed Claim in a sentence
Any portion of a Mixed Claim that is unrelated to Scouting will not be treated as an “Abuse Claim” under the Modified Plan.
If the dismissal of the tort elements is appealed, we will offer to resume defense of the non-tort portion of the Mixed Claim while the tort continues to be appealed.
Mixed Claim for Ovarian Cancer A through DMay proceed against the Debtors in the tort system AND may file a claim with the Trust under Expedited Review and/or Individual Review, as set forth herein, for distribution from the Trust Fund as a Trust Election Claimant and a Tort System Election Claimant, if applicable.
Id.; see supra, Section I(A).The United States-Germany Mixed Claim Commission was also the byproduct of an intergovernmental agreement.
Thus, the new Mixed Claim category does not remedy the Plan’s fundamental failings.The Guam Committee objects to the Plan on the following grounds: 1.
More Definitions of Mixed Claim
Mixed Claim has the meaning assigned to such term in Section 6.4(f).
Mixed Claim means a claim that makes allegations of Abuse related to or arising from Scouting as well as Abuse that occurred prior to the Petition Date unrelated to or not arising from Scouting. A claim shall not be treated as a Mixed Claim unless and until Scouting-related Abuse allegations have been asserted through a Proof of Claim, the complaint, sworn discovery or testimony (including by affidavit).Exhibit 2 Chartered Organization Supplemental NoticeIN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: BOY SCOUTS OF AMERICA AND DELAWARE BSA, LLC,1 Debtors.Chapter 11 Case No. 20-10343 (LSS) (Jointly Administered) Ref. D.I. [●] SUPPLEMENTAL DISCLOSURE REGARDING PLAN MODIFICATIONS AND SUMMARY OF CHARTERED ORGANIZATIONS’ OPTIONS UNDER THE DEBTORS’ MODIFIED CHAPTER 11 PLAN OF REORGANIZATION, OPT-OUTELECTION PROCEDURES FOR PARTICIPATING CHARTERED ORGANIZATIONS, AND SUPPLEMENTAL VOTING DEADLINE OF MARCH 4, 2022 AT 4:00 P.M. (EASTERN TIME) FOR HOLDERS OF CLASS 9 INDIRECT ABUSE CLAIMS PLEASE TAKE NOTICE OF THE FOLLOWING:
Mixed Claim shall have the meaning provided in the LPT Retrocession Agreement.
Mixed Claim means a claim that is presented for payment or adjudication within the 00 Xxxxxx xx xxx Xxxxxx Xxxxxx xx Xxxxxxx and/or the District of Columbia and that meets one or more of the criteria set forth in clause (c) of the definition of Asbestos Claim but also includes allegations of exposure to or presence of another toxin or condition (e.g., “mixed dust” claims) and/or allegations of injury not caused by exposure to or presence of a toxin.
Mixed Claim means a claim that makes allegations of Abuse related to or arising from Scouting as well as Abuse that occurred prior to the Petition Date unrelated to or not arising from Scouting. A claim shall not be treated as a Mixed Claim unless and until Scouting-related Abuse allegations have been asserted through a Proof of Claim, the complaint, sworn discovery or testimony (including by affidavit). THIS OPT-OUT ELECTION FORM IS NOT A BALLOT OR A SOLICITATION OF YOUR VOTE TO ACCEPT OR REJECT THE PLAN. IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: BOY SCOUTS OF AMERICA AND DELAWARE BSA, LLC,1 Debtors.Chapter 11 Case No. 20-10343 (LSS) (Jointly Administered) PARTICIPATING CHARTERED ORGANIZATION OPT-OUT ELECTION FORM Pursuant to Article V.S.1 of the Third Modified Fifth Amended Chapter 11 Plan of Reorganization for Boy Scouts of America and Delaware BSA, LLC [D.I. 8813] (the “Modified Plan”), you are entitled to “opt out” of being treated as a Participating Chartered Organization/Limited Protected Party2 under the Modified Plan if you (1) object to Confirmation of the Modified Plan pursuant to the procedures set forth in the Notice of Hearing to Consider Confirmation of Fifth Amended Chapter 11 Plan of Reorganization for Boy Scouts of America and Delaware BSA, LLC on or before February 25, 2022 or (2) complete and submit this Opt-Out Election Form on or before March 7, 2022.3If you would like to be treated as a Participating/Chartered Organization Limited Protected Party under the Plan, you do not need to take any action and should not complete this form. Limited Protected Party status is the default option under the Plan. ANY OPT-OUT ELECTIONS FOR ANY CHARTERED ORGANIZATION SUBMITTED IN CONNECTION WITH ANY PRIOR VERSION OF THE PLAN WILL REMAIN IN EFFECT UNLESS THE DEBTORS RECEIVE NOTICE IN WRITING THAT A CHARTERED ORGANIZATION WISHES TO WITHDRAW ITS PRIOR OPT-OUT ELECTION ON OR BEFORE THE BEGINNING OF CONFIRMATION HEARING OR THEREAFTER WITH CONSENT OF THE DEBTORS.
Mixed Claim means a claim or set of related claims that includes elements of both Covered Business and Excluded Liabilities.
Mixed Claim means a legal action which is not excluded from coverage and which complains of torts and of contractual breaches or other issues which do not fall within the definition of tort.