Retained Action definition

Retained Action has the meaning set forth in Section 5.5(a).
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Retained Action shall have the same meaning as defined in Section 5.6 hereof.
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Retained Action means all claims, Causes of Action, rights of action, suits and proceedings, whether in law or in equity, whether known or unknown, which the Debtor or Debtor’s Estate may hold against any Person, including, without limitation, (i) claims and Causes of Action brought prior to the Effective Date, (ii) claims and Causes of Action against any Persons for failure to pay for products or services provided or rendered by the Debtor, (iii) claims and Causes of Action relating to strict enforcement of the Debtor’s intellectual property rights, including patents, copyrights and trademarks, (iv) claims and Causes of Action seeking the recovery of the Debtor’s accounts receivable or other receivables or rights to payment created or arising in the ordinary course of the Debtor’s business, including without limitation, claim overpayments and tax refunds, and (v) all Causes of Action that are Avoidance Actions.
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Examples of Retained Action in a sentence

  • No Entity may rely on the absence of a specific reference in the Plan, the Plan Supplement, or the Disclosure Statement to any Retained Action against it as any indication that the Reorganized Debtors will not, or may not, pursue any and all available Retained Actions against it.

  • On the Effective Date, the Debtors’ Estates shall transfer and shall be deemed to have irrevocably transferred to the Kmart Creditor Trust, for and on behalf of the beneficiaries of the Trust, with no reversionary interest in the Debtors or the Reorganized Debtors, the Trust Assets; provided, however, that nothing herein is intended to transfer all or any portion of any Retained Action to the Kmart Creditor Trust.

  • The Confirmation Order’s approval of the Plan shall be deemed a res judicata determination of such rights to retain and exclusively enforce such Causes of Action, and no such Retained Action is deemed waived, released or determined by virtue of the entry of the Confirmation Order or the occurrence of the Effective Date, notwithstanding that the specific Claims and Retained Actions are not identified or described in more detail than as contained in this Plan or in the Disclosure Statement.

  • On the Effective Date, the Debtors' Estates shall transfer and shall be deemed to have irrevocably transferred to the Friedman's Creditor Trust, for and on behalf of the beneficiaries of the Trust, with no reversionary interest in the Debtors or the Reorganized Debtors, the Trust Assets and the Trust Funding Amount; provided, however, that nothing herein is intended to transfer all or any portion of any Retained Action to the Friedman's Creditor Trust.

  • The Confirmation Order’s approval of the Plan shall be deemed a res judicata determination of such rights to retain and exclusively enforce such Causes of Action, and no such Retained Action is deemed waived, released or determined by virtue of the entry of the Confirmation Order or the occurrence of the Effective Date, notwithstanding that the specific Claims and Retained Actions are not identified or described in more detail than as contained in the Plan or in the Disclosure Statement.

  • Further, under the Plan, Debtor may, in its sole discretion, determine to prosecute any Retained Action, and if prosecuted, compromise and settle any such Action on such terms as it deems reasonable with no further notice to holders of Allowed Claims or of Allowed Interests being necessary.

  • Unless any Retained Action against a Person is expressly waived, relinquished, exculpated, released, compromised or settled, or otherwise deemed Allowed in the Plan or a Final Order, the Retained Actions shall be reserved for later adjudication or assignment to the Plan Trust Administrator.

  • Exhibit DRetained Action Schedule This Retained Action Schedule (this “Schedule”) represents a list of the Causes of Action retained by the Debtors pursuant to Section XIV.B.2. of the Plan,1 and for which is proposed to be transferred to the Liquidating Trust and shall constitute Liquidating Trust Assets.

  • Notwithstanding anything to the contrary in the Plan or Disclosure Statement, Debtor shall be authorized to file any Retained Action related to the collection of accounts receivable in any state or local court with jurisdiction under applicable state law.

  • Before making a formal complaint the worker was encouraged to consult DefenceBusiness Services (“DBS”), civilian HR, for advice.


More Definitions of Retained Action

Retained Action shall have the meaning set forth in Section 5.5.
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Retained Action shall have the meaning set forth in Section 5.6 hereof.
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Retained Action means all claims, Causes of Action, rights of action suits and proceedings, whether in law or in equity, whether known or unknown, which Debtor or the Estate of the Debtor may hold against any Person, including, without limitation, (i) claims and Causes of Action brought prior to the Effective Date, (ii) claims and Causes of Action against any Persons for failure to pay for products or services provided or rendered by Debtor,
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Related to Retained Action

  • Specified Action has the meaning set forth in Section 3.4.2.

  • Notified Action shall have the meaning set forth in Section 7.04(a) of this Agreement.

  • Prohibited Action means an action of the Client as defined under paragraph 10.1 of this Client Agreement. A Prohibited Action constitutes an event of Default giving the Company the right to take action under paragraph 14.2 of this Client Agreement.

  • 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.

  • Section 510(b) Claim means any Claim arising from: (a) rescission of a purchase or sale of a security of the Debtors or an Affiliate of the Debtors; (b) purchase or sale of such a security; or (c) reimbursement or contribution allowed under section 502 of the Bankruptcy Code on account of such a Claim.

  • Covered Active Duty means (1) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country; and (2) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty (or notification of an impending call or order to active duty) in support of a contingency operation as defined by applicable law.

  • Retained Liabilities has the meaning set forth in Section 2.4.

  • Administrative Action has the meaning set forth in paragraph 4(a) of Annex I.

  • Adverse action means a home or remote state action.

  • Section 510(b) Claims means any Claim against any Debtor: (a) arising from the rescission of a purchase or sale of a Security of any Debtor or an affiliate of any Debtor; (b) for damages arising from the purchase or sale of such a Security; or (c) for reimbursement or contribution Allowed under section 502 of the Bankruptcy Code on account of such a Claim; provided that a Section 510(b) Claim shall not include any Claims subject to subordination under section 510(b) of the Bankruptcy Code arising from or related to an Interest.

  • Retained Obligations shall have the meaning set forth in Section 2.6.

  • Adverse employment action means an action that affects an em- ployee ’s compensation, promotion, transfer, work assignment, or performance evaluation, or any other employment action that would dissuade a reasonable employee from making or supporting a report of abuse or neglect under Family Code 261.101.

  • Schedule of Retained Causes of Action means the schedule of certain Causes of Action of the Debtors that are not released, waived, or transferred pursuant to the Plan, as the same may be amended, modified, or supplemented from time to time.

  • Retained Assets has the meaning set forth in Section 2.2.

  • Third Party Infringement Claim has the meaning set forth in Section 5.4.

  • Derivative Action means any Action brought by or in the right of the Corporation and/or an Affiliate.

  • Excluded Claim means a dispute, controversy or claim that concerns (a) the validity or infringement of a patent, trademark or copyright; or (b) any antitrust, anti-monopoly or competition law or regulation, whether or not statutory.

  • Excluded Liability means any liability that is excluded under the Bail-In Legislation from the scope of any Bail-In Action including, without limitation, any liability excluded pursuant to Article 44 of the Bank Recovery and Resolution Directive.

  • Corrective action means action taken to eliminate the cause of a potential or real non- conformity or other undesirable situation;

  • Excluded Liabilities has the meaning set forth in Section 2.4.

  • fishing related activities means any operation in support of, or in preparation for, fishing, including the landing, packaging, processing, transshipping or transporting of fish that have not been previously landed at a port, as well as the provisioning of personnel, fuel, gear and other supplies at sea;

  • member of the work-related activity group means a person who has or is treated as having limited capability for work under either—

  • Retained Duty means any role or duty under a Corporate Trust Contract with respect to any Appointment as account bank, depositary / depository, depository agent, eligible lender trustee, master servicer, backup advancing agent, trustee (or other similar role), buyer, financial institution or lender, in each case:

  • Covered Activity means any activity in which a Covered Person must be engaged when a Covered Accident occurs in order to be eligible for benefits under the Policy. These Covered Activities are listed in the Schedule of Benefits and described in the Hazards section of the Policy.

  • Remediation Period has the meaning specified in Section 8.2(a);

  • Retained Professional means an Entity: (a) employed in the Chapter 11 Cases pursuant to a Final Order in accordance with sections 327 and 1103 of the Bankruptcy Code and to be compensated for services rendered prior to the Effective Date, pursuant to sections 327, 328, 329, 330, or 331 of the Bankruptcy Code; or (b) for which compensation and reimbursement has been allowed by the Bankruptcy Court pursuant to section 503(b)(4) of the Bankruptcy Code.