Reserved Claims definition

Reserved Claims means those disputed claims under the Chapter 11 Cases that have been detailed and identified by the Borrower to the Administrative Agent on the Closing Date in a written schedule, which have not been allowed or disallowed pursuant to a Final Order of the Bankruptcy Court as part of the claims resolution process after the Closing Date.

Reserved Claims as defined in the Final DIP Order.

Reserved Claims has the meaning set forth in Section 8.3.

Examples of Reserved Claims in a sentence

• Other than as it relates to Reserved Claims or Assigned Claims in the Global Settlement, or to enforce any term of the Global Settlement, or as to insurance matters concerning depletion or exhaustion of one or more policies of insurance, or prior compensation for a claimed loss or set-off, no person or entity may use or refer to any aspect of the Global Settlement in any litigation in which any Participating Defendant or Participating Insurer is a party.

• Any and all Global Settlement Class Members, including, but not limited to, those who have not properly opted out of the Global Settlement Class, are enjoined and forever barred from maintaining, continuing, prosecuting, and/or commencing the Litigation, CDW-Related Actions, Related Claims, or any action, pending or future, against the Settling Parties (but excluding any Reserved Claims) that arises from, concerns, or otherwise relates, directly or indirectly, to Chinese Drywall.

• Except for any Reserved Claims referenced in Section 5.6.3 of the Global Settlement, the Court finds that by entering this Settlement, each Participating Insurer has acted in good faith and fairly, reasonably, and honestly towards its insured Participating Defendant, and any actual and/or potential Global Settlement Class Members and with due regard for the Participating Insurer’s Participating Defendant, and any potential Global Settlement Class Members’ interests regarding Chinese Drywall.

• Except for any Reserved Claims referenced in Section 5.6.3 of the Global Settlement, the Court finds that the actions and positions of the Participating Insurers, being in good faith, upon the Global Settlement becoming Final, preclude any Participating Defendant and any actual and/or potential Global Settlement Class Member from asserting, maintaining or assigning any statutory and/or common law bad faith claim against any Participating Insurer.

• The Court finds that the indemnity, defense and judgment reduction provisions in Sections 4.3 and 5.2.6 of the Global Settlement are valid, binding, and enforceable; and therefore, bar the assertion by any Global Settlement Class Member of any contribution, indemnification, subrogation, or other claims related to or arising out of Chinese Drywall against the Participating Defendants or Participating Insurers, excluding only any Reserved Claims.

More Definitions of Reserved Claims

Reserved Claims means all Disputed Claims as of the applicable determination date in the full amount listed in the Schedules, unless a Proof of Claim was timely filed with respect to such Claim, in which case in the face amount of such Proof of Claim, or unless such Claim has been estimated by the Bankruptcy Court for the purpose of allowance pursuant to Section 502(c) of the Bankruptcy Code, in which case in such estimated amount. Unless any order of the Bankruptcy Court estimating a Claim provides otherwise, the amount so estimated shall apply both for voting purposes and for purposes of computing Reserved Claims. As used in the Plan, the term "Reserved Claims" shall not include any Disallowed Claims.

Reserved Claims means any Purchaser Claims or Selling Party Claims which have been asserted, in accordance with this Article VII, within the applicable periods set forth herein.

Reserved Claims means claims identified in the Complaint filed in this Action that have not been expressly resolved by this Agreement and that will be resolved through further litigation of this Action. The following are identified as Reserved Claims:

Reserved Claims means: (a) all claims as to which any Indemnified Party has in good faith given any Indemnifying Party written notice on or prior to the end of the applicable General Survival Period; and (b) all claims to the extent alleging fraud (defined to require at a minimum intent to deceive). No claim may be made or suit or other Action instituted under any provision of this Article 8 unless the Indemnified Party provides written notice to the Indemnifying Party prior to the expiration of the applicable period provided in Section 7.3 (which written notice shall describe the facts then known by the Indemnified Party relating to such claim, including, without limitation, the reason why the Indemnified Party believes the claim is subject to indemnification by the Indemnifying Party, and which for third-party claims, shall attach, if available, a copy of the written instrument or instruments in which the third party claim is asserted).

Reserved Claims means all claims for indemnification under Section VII for breaches of representations and warranties contained in Section XIII(A) (authority), Section XIII(I) (title) or Section XIV(A) (authority) or in any schedule thereto. Reserved Claims shall not be subject to any limitation as to time or monetary amount except as provided in this Section VII.F(i). If an Order is entered or issued in favor of Licensee's claim for indemnification in respect of, or otherwise confirming the existence of, a Reserved Claim, then Licensor shall grant, and hereby grants, to Licensee a license of the same force and effect and subject to the same terms and conditions as the License (except that it shall be nonexclusive), and Licensor shall further use its best efforts to obtain for Licensee all rights to and in the Nestor Technology, Nestor IP and the Assets which the parties xxxxxded for Licenxxx xo receive and have transferred to it as of the Closing Date (as evidenced by the express terms of this Agreement), with any formal proceedings necessary to secure such rights commenced by Licensor within 30 days of the date of any such Order; provided that Licensee shall not be deemed to waive its rights to any award granted for losses as otherwise herein provided to the extent Licensor is unable to secure all such rights for Licensee and provided, further, that Licensor shall not grant any other party any rights that would otherwise diminish Licensee's intended rights. If Licensor fails to obtain all such intended rights for Licensee or fails to use its best efforts to obtain such rights, Licensor shall be liable to Licensee with respect to any such Reserved Claim up to a maximum of the Consideration for any direct damages and up to an additional maximum of $1,000,000 for any other provable damages suffered by Licensee as a result. No claim may be made or suit instituted seeking enforcement of or damages for a Right in respect of any Reserved Claim more than six (6) years after the date hereof.

Reserved Claims. Section 8.3 "Restricted Period" Section 5.17 "Section 338(h)(10) Elections" Section 5.7.1 "Securities Act" Section 4.7 "Sellers" Preamble "Software Properties" Section 3.6.1 "Tax Loss" Section 5.7.2 "Threshold" Section 8.5 "Trade Secrets" Section 3.6.1 "Trademark License Agreement" Section 5.10 "Trademark Properties" Section 3.6.1

Reserved Claims means (a) all Actions as to which any Indemnitee has given any