Examples of Tail Claim in a sentence
For the avoidance of doubt, a Westchester Tail Claim consists of one claim per alleged incident of medical malpractice regardless of number of defendants, including, but not limited to, claims against a Westchester Covered Staff for contribution.
For the avoidance of doubt, a Manhattan Tail Claim consists of one claim per alleged incident of medical malpractice during a course of treatment by Manhattan Covered Staff regardless of number of defendants, including, but not limited to claims, against a Manhattan Covered Staff for contribution.
In exchange for the Debtors’ agreement to seek the establishment of the Temporary Stay Extension, the Tail Fund, Tail Claim Mediation Procedures, and the Plan Injunction, upon the entry of an Order creating the Temporary Stay Extension, the Movants’ Administrative Claim Motion shall be deemed withdrawn without prejudice and upon the entry of a final order approving confirmation of the Plan which includes the Plan Injunction, such withdrawal shall be deemed to be with prejudice.
Pursuant to Bankruptcy Rule 3003(c)(2), any Tail Claimant that fails to file a Tail Claim on or before the applicable Tail Claim Bar Date shall not be treated as a Tail Claimant with respect to such Tail Claim and shall be barred from asserting a Tail Claim against the Debtors and the Covered Staff.
In exchange for the Debtors’ agreement to seek the establishment of the Temporary Stay Extension, the Manhattan Tail Fund, Tail Claim Resolution Process and the Plan Injunction, upon the entry of a final order approving confirmation of the Plan which includes the Plan Injunction, the Movants’ Administrative Claim Motion shall be deemed withdrawn with prejudice.
Each Westchester Tail Claim will be capped at $250,000 inclusive of legal fees and costs.
As part of its Plan, SVCMC agrees to seek to establish December 31, 2011 (the “Tail Bar Date”) as the date by which (i) all holders of a Tail Claim must file a proof of claim that asserts a claim against a participating Covered Staff and (ii) all holders of Tail Claims that arose after the Petition Date must file a proof of claim against SVCMC.
Any holder of a Tail Claim that fails to file a proof of claim prior to the Tail Bar Date shall be forever barred, estopped and enjoined from asserting such claim against the participating Manhattan Covered Staff, the Manhattan Hospital, the Westchester Covered Staff, and/or the Westchester Hospital, as applicable.
SVCMC agrees to seek to establish a tail bar date (the “Tail Bar Date”) as the date by which (i) all holders of a Tail Claim must file a proof of claim that asserts a claim against a participating Manhattan Covered Staff or Westchester Covered Staff (as applicable) and (ii) all holders of Tail Claims that arose after the Petition Date must file a proof of claim against SVCMC subject to paragraph 4 above.
Each Manhattan Tail Claim will be capped at $250,000 inclusive of legal fees and costs.