Substantiated Claim definition

Substantiated Claim a Relevant Claim in respect of which liability is admitted by the party against whom such Relevant Claim is brought, or which has been adjudicated on by a court of competent jurisdiction and no right of appeal lies in respect of such adjudication, or the parties are debarred by passage of time or otherwise from making an appeal. A Claim is connected with another Claim or Substantiated Claim if they all arise out of the occurrence of the same event or relate to the same subject matter.

Substantiated Claim means a Relevant Claim in respect of which liability is admitted or agreed in writing by the Management Sellers’ and Precis Representative and the Sellers’ Representative or has been determined by a court of competent jurisdiction in respect of which no appeal has been lodged or from which it is not possible to appeal; and

Substantiated Claim means a Claim that has been:

Examples of Substantiated Claim in a sentence

• A Claim is connected with another Claim or Substantiated Claim if they all arise out of the occurrence of the same event or relate to the same subject matter.

• Substantiated Claim: a Claim in respect of which liability is admitted by the party against whom such Claim is brought, or which has been adjudicated on by a Court of competent jurisdiction and no right of appeal lies in respect of such adjudication, or the parties are debarred by passage of time or otherwise from making an appeal.

• Substantiated Claim: a Claim in respect of which liability is admitted by the party against whom such Claim is brought, or which has been adjudicated on by a court of competent jurisdiction and no right of appeal lies in respect of such adjudication, or the parties are debarred by passage of time or otherwise from making an appeal.

• No claim for breach of Warranties can be asserted toward the Substantiated Claim Amount by the Purchaser if the facts specifically giving rise to the relevant claim and the consequence that such facts constituted a breach of Warranty was within the scope of Purchaser’s Knowledge as of the date of this Agreement.

• Other than in respect of breach of the Title and Capacity Warranties and breach of Warranties based on fraud, deliberate non-disclosure or wilful concealment by Sellers, Purchaser has no other recourse for a breach of Warranties other than to make a claim or claims towards the Substantiated Claim Amount as set forth in Section 8.1(c)(i) of the Agreement.

More Definitions of Substantiated Claim

Substantiated Claim means a Claim in respect of which liability is admitted by the defaulting party, or which has been adjudicated on by a court of competent jurisdiction and no right of appeal lies in respect of such adjudication, or the parties are prevented by passage of time or otherwise from appealing;

Substantiated Claim means a Claim which has been agreed in writing between the Buyer, MSP or TMW (as the case may be) and Xxxxxxx or in respect of which an order or decree of a court of competent jurisdiction has been given in proceedings in respect of such claim.

Substantiated Claim means a Warranty Claim which is admitted by the Vendor or proved in a court of competent jurisdiction.

Substantiated Claim means a Claim that is (i) admitted in writing by the Indemnitor or as to which a settlement, agreement, arrangement or understanding has been consummated in accordance with Appendix C, (ii) granted by a Regulatory Authority of competent jurisdiction pursuant to an Order that is final and not subject to appeal or the time for taking such appeal has lapsed, or (iii) granted by another legal venue with binding authority, including but not limited to any arbitration or other process agreed to by the Indemnitor and the Indemnitee, which grant is final and not subject to appeal or the time for taking such appeal has lapsed.

Substantiated Claim has the meaning given to it in Schedule 13 (Set-Off);

Substantiated Claim means an IP/IT Claim, an Indemnity Claim or a claim made pursuant to clause 2.3 of Schedule 7 (Tax Covenant) that has been: (A) agreed in writing by the parties to the relevant IP/IT Claim, Indemnity Claim or claim made pursuant to clause 2.3 of Schedule 7 (Tax Covenant), both as to liability and quantum; or (B) finally determined (as to both liability and quantum) by a court or tribunal of competent jurisdiction and no right of appeal lies in respect of such adjudication, or the parties are debarred by passage of time or otherwise from making an appeal.

Substantiated Claim a Seller Claim in respect of the Business Warranties in respect of which liability is admitted or settled by the relevant Seller(s), or which has been adjudicated on by a court of competent jurisdiction from which there is no right of appeal or in respect of which adjudication the parties are debarred by passage of time or otherwise from making an appeal;