Specified Claims definition

Specified Claims has the meaning set forth in Section 6.5(a).

Specified Claims means (i) any Claim that is property of any Debtor’s estate pursuant to section 541 of the Bankruptcy Code or otherwise; (ii) any preference, fraudulent conveyance and other actions under sections 510, 544, 545, 547, 548, 549, 550 or 553 of the Bankruptcy Code or any state law equivalents; (iii) any Claim arising out of illegal dividends or similar theories of liability; (iv) any Claim asserting veil piercing, alter ego liability or any similar theory; (v) any Claim based upon unjust enrichment; (vi) any Claim for breach of fiduciary duty; (vii) any Claim for fraud, misrepresentation or any state or federal securities law violations; and (viii) any Claim that NRG or any NRG Subsidiary may have as a result of having been a member of the Xcel affiliated tax group or a signatory to an Xcel tax sharing agreement.

Specified Claims is defined on Schedule 13.11.

Examples of Specified Claims in a sentence

• For clarity, if the aggregate amount of all Losses for which indemnification is available under this Section 9.4 for the Specified Claims set forth on Section 9.4(a)(i)(B) of the Sprint Disclosure Letter exceeds $200,000,000, SoftBank shall bear 100% of such Losses in excess of $200,000,000.

• Notwithstanding anything to the contrary in this Section 9.4, the maximum amount of all Losses for which indemnification is available under this Section 9.4 for the Specified Claims set forth on Section 9.4(a)(i)(B) of the Sprint Disclosure Letter is the amount set forth on Section 9.4(e)(i) of the Sprint Disclosure Letter.

• Such other customary evidence as PNM shall have reasonably requested not later than Monday, December 15, 2015 that the transfer of the Option Interests are free and clear of Owner Participant’s Liens, Owner Trustee’s Liens and Specified Claims (provided that such date shall be Thursday, January 4, 2016 with respect to requests for other evidence that arise from matters shown in the Searches where the Searches were not provided to PNM not later than December 23, 2015).

• KINOSHITA, Tokutei saiken hô no haishi ni kan suru oboegaki [Memorandum on the Abolition of the Specified Claims Law], in: Hiroshima Law Review 1 (2005) 10-14.

• Any creditor who fails to file with the Court proof or evidence of Specified Claims on or before the Bar Date, shall be forever barred, estopped, and enjoined from asserting such Specified Claim or filing proof or other evidence with respect to such Specified Clam against the Debtor or the Estate.

More Definitions of Specified Claims

Specified Claims. ’ means: (i) all causes of action or claims by the Corporation against RCL and related parties (other than subsidiaries of the Corporation) in respect of or in relation to related party transactions or matters of the Corporation arising prior to the Effective Time, including matters referred to in the E&Y Report other than any debts recorded in the books and records of the Corporation reflected in the Alternative Financial Information; and (ii) any payments received in connection with any causes of action or claims referred to in (i) above regardless of whether or not any proceedings have been commenced;

Specified Claims means the audit claims set forth on Schedule 12.01(h).

Specified Claims shall have the meaning set forth in Section 6.1(d).

Specified Claims means the lawsuit styled Xxxxxxx Xxxxxxxx Partners LLC, PWP MC LP, PWP Equity I LP, and Xxxxxxx Xxxxxxxx Partners Group LP v. Xxxxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxx, Xxxxxx X. Xxxxxxx, Xxxx X. Xxxxxx, and Ducera Partners LLC, Index No. 653488/2015, in the Supreme Court of the State of New York, together with any and all prior, present, or future causes of action or theories of recovery of any nature directly relating to such lawsuit or its subject matter, whether known or now unknown, suspected or unsuspected, asserted or unasserted. The term “Specified Claims” comprehensively includes, but is not limited to, all causes of action, demands, damages, or liability (whether arising in equity, common law, contract, statute or otherwise), and all theories or claims pled or that could have been pled, arising from or directly relating to the foregoing lawsuit or its subject matter. For the avoidance of doubt, the term “Specified Claims” includes, but is not limited to, any and all claims relating to or arising from the employment or partnership relationships (including the termination of such relationships) between the General Partner and/or any member of the PWP Group and Xxxxxxx X. Xxxxxx, Xxxxxx X. Xxxxxxxxx, Xxxxxx X. Xxxxxxx, Xxxx X. Xxxxxx, Xxxxxxx Xxxxx, Xxxxx Xxxx, Xxxx Xxxxx or Xxxx Xxxxx.

Specified Claims means claims made pursuant to the Bankruptcy Cases of the Debtors relating to (i) Priority Tax Claims, (ii) Priority Non-Tax Claims, (iii) Secured Tax Claims, (iv) Senior Secured Claims, (v) Bridge Loan Claims, (vi) Other Secured Claims, (vii) General Unsecured Claims Against Obligor Debtors, Non-Obligor Debtors, MSC, MPI and MPCO and Schedule III Debtors and (viii) 2015 Note Claims (as such terms are defined in the Plan of Reorganization); provided that (a) the foregoing shall include items relating to litigation against the lenders and the funding of environmental and other custodial and litigation trusts contemplated by the Reorganization Plan proposed as of the Closing Date and (b) in no event shall the foregoing include professional fees and expenses, financing fees and expenses, original issue discount or debtor-in-possession exit fees.

Specified Claims means, collectively, the Debtor Related Party Claims and the FDIC Claims.

Specified Claims has the meaning set forth in Section 10.16.