Purchased Claims definition

Purchased Claims means (a) the Master Lease Rejection Claim, (b) the Mortgage Loan Guaranty Claim, (c) all Insurance Refund Claims, and (cd) additional Purchased Claims, if any, as mutually agreed by the Debtors and the Purchaser as reflected in the Plan Supplement; provided that the Master Lease Rejection Claim, the Mortgage Loan Guaranty Claim, the Insurance Refund Claims shall not be Purchased Claims if the Allowed Mortgage Loan Claims and the Allowed Carrying Cost Claims are paid in full.
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Purchased Claims means the Claims set forth on Schedule 2.1(g) (Purchased Claims) and all rights of recovery, rights of set off, rights of recoupment and other rights of every type or nature relating thereto.
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Purchased Claims shall have the meaning set forth in Section 1.1(l).
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Examples of Purchased Claims in a sentence

  • For greater certainty, all references herein to the Purchased Loans shall be deemed to include the Québec Purchased Claims and all references to the Purchased Assets shall be deemed to include the Québec Purchased Assets.

  • The Appeals and the Creditor Group’s Assertion of the Purchased Claims The Pursuit Parties promptly appealed the Sale Order to the District Court.

  • Several participants, however, reject this terminology, leading me to use ‘mental health issues/distress’ when not adopting terms specific to particular participants.

  • The Hospital’s rates are sufficient to cover the proposed capital expenditure and operating costs (Certificate of Need Application, October 6, 2004, Financial Pro-forma, page 361)RationaleSt. Vincent’s Medical Center (“Hospital”) proposes to replace its electrophysiology laboratory equipment, at a total capital expenditure of $1,405,129.

  • If the Corps were to change the hardware configuration to another model or manufacturer, we would have a hardware configuration that is out of sync with the rest of the plants where GDACS is installed.

  • With the Purchased Claims removed from voting, Fagerdala had sufficient creditors in the general unsecured class to accept the plan.

  • Each party agrees that its obligations under Limited Exclusivity as provided herein are necessary and reasonable in order to protect Netcentives and its business, and each party expressly agrees that monetary damages would be inadequate to compensate Netcentives for any breach by Continental of its Limited Exclusivity related covenants and agreements.

  • Any Purchased Claims will be subordinated in right of payment from the Sellers’ estates to all other Allowable Unsecured Claims other than claims of any nature whatsoever of Jerry C.

  • The next day, Pacific Western voted its secured claim and the Purchased Claims against the plan.

  • Conclusion Therefore, we reverse the district court’s order affirming the bankruptcy court, vacate the bankruptcy court’s order granting Fagerdala’s motion to designate the Purchased Claims, and remand this case to the bankruptcy court for proceedings consistent with this opinion.7 Each party shall bear its own costs.


More Definitions of Purchased Claims

Purchased Claims means “those Causes of Action relating to (a)(i) the use, collection, possession, disposition, recovery, or operation of any of the Purchased Assets or the Business, (ii) the title to, or right to own, use, collect,
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Purchased Claims means all Claims against the JUA, the MTF, the City of Philadelphia or SEPTA previously or hereafter purchased by the Borrower from Plaintiffs (or their respective estates), Plaintiff's Attorneys or, subject to the terms hereof, any other sellers of such Claims; provided, however, that with respect to any Partial Claim, "Purchased Claim" shall exclude any amounts (including any assignment obligations) with respect to the Claim of the Plaintiff or the Plaintiff's Attorney, as applicable, which has not agreed to sell such Claim.
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Purchased Claims. Section 2.1(i)
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Purchased Claims means (i) all Claims against any Person (other than a Seller or a Seller’s estate), and existing at any time, arising out of, concerning, in connection with, or relating to the events, circumstances, and conduct described in the June 4, 2018, Form 6-K disclosure of Aegean, concerning improper accounting for or recordation of accounts receivable, including any misstated accounting records, misappropriation of funds, or any related actions or conspiracy to defraud or injure Aegean or its investors, as well as the right to the proceeds of or recovery in any suit, prosecution, investigation, settlement, enforcement proceeding, fine, penalty, restitution or remission in criminal proceedings, civil forfeiture, confiscation proceeding or other proceeding or action by any government or governmental agency in connection with the foregoing; (ii) all Claims against any Person (other than a Seller or a Seller’s estate), and existing at any time, arising out of, concerning, in connection with, or relating to any payments or invoices concerning the construction and maintenance of the Aegean terminal in Fujairah, as well as the right to the proceeds of or recovery in any suit, prosecution, investigation, settlement, enforcement proceeding, fine, penalty, restitution or remission in criminal proceedings, civil forfeiture, confiscation proceeding or other proceeding or action by any government or governmental agency in connection with the foregoing; (iii) all Claims against Hxxx Corporation or any affiliate thereof in the Supreme Court of the State of New York, County of New York: Part 39, Index Number 653887/2014; (iv) all Claims against any Person (other than a Seller or a Seller’s estate), and existing at any time, arising out of, concerning, in connection with, or relating to unpaid invoices for marine fuels supplied through agreements entered into with O.W. Group and any affiliate thereof; (v) all Claims against any Person (other than a Seller or a Seller’s estate), and existing at any time, arising out of, concerning, in connection with, or relating to HSFO product loaded from Petrotrin in Trinidad in December 2016; and (vi) all rights, privileges, immunities, documents, and work product relevant to or associated with the foregoing.
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Related to Purchased Claims

  • Released Claims means all Released Defendants’ Claims and all Released Plaintiffs’ Claims.

  • Settled Claims means any and all actions, claims, debts, demands, duties, obligations, sums of money, suits, contracts, agreements, promises, damages, causes of action and rights and liabilities whatsoever (including, but not limited to, any claims for damages, interest, attorneys’ fees, expert or consulting fees and any other costs, expenses, losses, or liabilities whatsoever), whether based on federal, state or local statute or common law, rule or regulation, foreign or domestic, at law or in equity, matured or unmatured, foreseen or unforeseen, known or unknown, suspected or unsuspected, contingent or non-contingent, whether class or individual in nature, against the Released Parties, belonging to Plaintiff or to any other Class Member and/or their present or past heirs, executors, estates, administrators, predecessors, successors, assigns or to any other Person claiming through or on behalf of them (collectively, the “Releasing Persons”), that (i) have been asserted in this Action, or (ii) could have been asserted in this Action or in any other court, tribunal, proceeding or forum against the Released Parties, and that (x) arise out of, are based upon, or relate in any way to any of the claims or allegations in the Action including any of the acts, facts, events, disclosures, or omissions alleged in the Action, and (y) that relate to the purchase or acquisition of Cliffs Depositary Shares pursuant or traceable to the Company’s February 12, 2013 Offering and its associated Registration Statement. “Settled Claims” includes “Unknown Claims” as defined below. Excluded from Settled Claims are claims relating to the enforcement of the Stipulation or the Settlement.

  • Released Class Claims means the claims being released as described in Paragraph 6.2 below.

  • Released Claim means the matters that are subject to release and discharge pursuant to ARTICLE 10 hereof;

  • Covered Claims Claim" means any claim, dispute or controversy between you and us that in any way arises from or relates to this Agreement, the Account, the issuance of any Card, any rewards program, any prior agreement or account. "Claim" includes disputes arising from actions or omissions prior to the date any Card was issued to you, including the advertising related to, application for or approval of the Account. "Claim" has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). "Claim" does not include disputes about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the prohibition against class proceedings, private attorney general proceedings and/or multiple party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the last sentence of Paragraph C.13 and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. 4. Starting an Arbitration: Arbitration may be elected by any party with respect to any Claim, even if that party has already initiated a lawsuit with respect to a different Claim. Arbitration is started by giving a written demand for arbitration to the other party. We will not demand to arbitrate an individual Claim that you bring against us in small claims court or your state’s equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to demand arbitration. 5. Choosing the Administrator: "Administrator" means the American Arbitration Association ("AAA"), 000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, xxx.xxx.xxx; JAMS, 000 Xxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, xxx.xxxxxxx.xxx; or any other company selected by mutual agreement of the parties. If both AAA and JAMS cannot or will not serve and the parties are unable to select an Administrator by mutual consent, the Administrator will be selected by a court. The arbitrator will be appointed by the Administrator in accordance with the rules of the Administrator. However, the arbitrator must be a retired or former judge or a lawyer with at least 10 years of experience. You get to select the Administrator if you give us written notice of your selection with your notice that you are electing to arbitrate any Claim or within 20 days after we give you notice that we are electing to arbitrate any Claim (or, if you dispute our right to require arbitration of the Claim, within 20 days after that dispute is finally resolved). If you do not select the Administrator on time, we may do it. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any Administrator that has in place a formal or informal policy that is inconsistent with the Class Action Waiver. 6.

  • Related Claims means all Claims for Wrongful Acts that have as a common nexus any fact, circumstance, situation, event, transaction, cause or series of related facts, circumstances, situations, events, transactions or causes.

  • Unresolved Claims has the meaning set forth in Section 7.6(c).

  • Approved Claims means complete and timely claims, submitted by Settlement Class Members, that have been approved for payment by the Settlement Administrator.

  • Agreed Claims shall have the meaning set forth in Section 8.6(c).

  • Purchased Interests has the meaning set forth in the Recitals.

  • Incurred claims means total claims paid during the experience period, adjusted for the change in claim reserve. (7-1-93)

  • Transferred Interests has the meaning set forth in the Recitals.

  • Indemnified Claims shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor’s subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard.

  • 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.

  • Causes of Action means any action, claim, Claim, cause of action, controversy, demand, right, action, Lien, indemnity, Interest, guaranty, suit, obligation, liability, damage, judgment, account, defense, offset, power, privilege, license, and franchise of any kind or character whatsoever, whether known, unknown, contingent or non-contingent, matured or unmatured, suspected or unsuspected, liquidated or unliquidated, disputed or undisputed, secured or unsecured, assertable directly or derivatively, whether arising before, on, or after the Petition Date, in contract or in tort, in law, or in equity or pursuant to any other theory of law. For the avoidance of doubt, “Cause of Action” includes: (a) any right of setoff, counterclaim, or recoupment and any claim for breach of contract or for breach of duties imposed by law or in equity; (b) the right to object to Claims or Interests; (c) any Claim pursuant to section 362 or chapter 5 of the Bankruptcy Code; (d) any claim or defense including fraud, mistake, duress, and usury; and any other defenses set forth in section 558 of the Bankruptcy Code; and (e) any state or foreign law fraudulent transfer or similar claim.

  • Tax Claims means any Claim against the Participating CCAA Parties (or any one of them) for any Taxes in respect of any taxation year or period ending on or prior to the applicable Filing Date, and in any case where a taxation year or period commences on or prior to the applicable Filing Date, for any Taxes in respect of or attributable to the portion of the taxation period commencing prior to the applicable Filing Date and up to and including the applicable Filing Date. For greater certainty, a Tax Claim shall include, without limitation, (a) any and all Claims of any Taxing Authority in respect of transfer pricing adjustments and any Canadian or non- resident Tax related thereto, and (b) any Claims against any BL/Wabush Released Party in respect of such Taxes;

  • Retained Causes of Action means those Causes of Action that shall vest in the Reorganized Debtors on the Effective Date, which, for the avoidance of doubt, shall not include any of the Causes of Action that are settled, released or exculpated under the Plan.

  • Preferred claim means a claim with respect to which the terms of this chapter accord priority of payment from the general assets of the insurer.

  • Excluded Claims means (a) a party’s breach of its obligations in Section 5 (Confidential Information) (but excluding obligations and/or claims relating to Customer Data); (b) either party’s express obligations under Section 11 (Indemnification); and (c) liability which, by law, cannot be limited.

  • Purchased Interest means, at any time, the undivided percentage ownership interest in: (a) each and every Pool Receivable now existing or hereafter arising, (b) all Related Security with respect to such Pool Receivables and (c) all Collections with respect to, and other proceeds of, such Pool Receivables and Related Security. Such undivided percentage interest shall be computed as:

  • Released Defendant Claims means any and all manner of claims, demands, rights, liabilities, losses, obligations, duties, damages, costs, debts, expenses, interest, penalties, sanctions, fees, attorneys’ fees, actions, potential actions, causes of action, suits, agreements, judgments, decrees, matters, counterclaims, offsets, issues, and controversies of any kind, nature, or description whatsoever, whether accrued or unaccrued, disclosed or undisclosed, apparent or not apparent, foreseen or unforeseen, matured or not matured, suspected or unsuspected, liquidated or not liquidated, fixed or contingent, whether based on state, local, federal, statutory, regulatory, common, or other law or rule, including known claims and Unknown Claims, which any Defendant ever had, now has, or may have against any of the Plaintiff Released Persons and/or the Released SLC Persons that arise out of, are based upon, or relate to the institution, prosecution, or settlement of the claims asserted in the Action. For the avoidance of doubt, the Released Defendant Claims shall not include any claims to enforce this Stipulation or the Settlement.

  • Intercompany Interests means an Interest in a Debtor held by another Debtor and, for the avoidance of doubt, excludes the Existing Equity Interests.

  • Intercompany Claims means, collectively, any Claim held by a Debtor against another Debtor or an Affiliate of a Debtor or any Claim held by an Affiliate of a Debtor against a Debtor.

  • Covered claim means the following:

  • Settled claim means the original tort claim resolved by a structured settlement.

  • Unresolved Claim means a Claim, which at the relevant time, in whole or in part: (a) has not been Finally Determined to be a Proven Claim in accordance with the Amended Claims Procedure Order and this Plan; (b) is validly disputed in accordance with the Amended Claims Procedure Order; and/or (c) remains subject to review and for which a Notice of Allowance or Notice of Revision or Disallowance (each as defined in the Amended Claims Procedure Order) has not been issued to the Creditor in accordance with the Amended Claims Procedure Order as at the date of this Plan, in each of the foregoing clauses, including both as to proof and/or quantum;