Barred Claim definition

Barred Claim has the meaning set out at Clause 6.2 (Bar Date);
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Barred Claim has the meaning specified in Section 11.04(b).
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Barred Claim means any claim, if any, however styled, whether for indemnification, contribution, or otherwise and whether arising under state, federal or common law, against the Defendants or other Released Parties (including claims asserted by Released Parties against other Released Parties) where the claim is or arises from a Released Claim and the alleged injury to such Person arises from
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Examples of Barred Claim in a sentence

  • Unless you have a Barred Claim and Supervisors and Administrators determine that there will be no distribution in respect of Barred Claims, the Supervisors will write to you following receipt of your Claim Form and the Effective Date setting out whether your CVA Claim has been admitted or rejected in whole or in part, the Supervisors' determination of the value of your CVA Claim and the ranking of your CVA Claim.

  • Any CVA Claim submitted after the Bar Date that is not a Catch-up Claim will be a Barred Claim.

  • Clause 11 ( Ranking of CVA Claims) shall not apply to any Barred Claim which is treated as an Allowed Claim pursuant to this Clause 14 (Barred Claims) and such Barred Claim shall rank for Distribution in the Main Waterfall as a Barred Claim subject to Clause 23.1 (Specific provisions applicable to Disputed Claims).

  • As explained at Paragraph 25.2.3 ( Barred Claims) above, the Supervisors will adjudicate the amount of a Barred Claim in certain circumstances only.

  • Any CVA Claim which is not an Allowed Claim or a Barred Claim shall be treated as a Disputed Claim.

  • In the event that any person asserting a cause of action (a “Plaintiff”) obtains a judgment or arbitration award (a “Judgment”) against any Barred Person with respect to one or more causes of action based upon, arising from, or related to the facts, allegations, or transactions underlying any Barred Claim, then the Plaintiff shall, prior to or in connection with the entry of such Judgment, provide notice of this Bar Order to the court or tribunal in which such Judgment was obtained.

  • Such a decision should not be taken without first discussing with the other health professionals involved in the patient’s care, and the hospital’s legal adviser, and if possible, the DHSSPS.

  • If the court or tribunal so determines, it shall reduce such Judgment against such Barred Person in an amount equal to (a) the amount of the Judgment against any such Barred Person times (b) the aggregate proportionate share of fault (expressed as a percentage) of the Released Party or Parties that would have been liable on a Barred Claim in the absence of this Bar Order.

  • This Order (the “Bar Order”) is without prejudice to the position of any party asto the existence, in the absence of this Bar Order, of any Barred Claim.

  • If any Plaintiff enters into a settlement with any Person with respect to one or more causes of action based upon, arising from, or related to the Barred Claims or any transaction underlying any Barred Claim, then such Plaintiff shall cause to be included, and in all events, the settlement shall be deemed to include, a dismissal, release and waiver of any Barred Claims with respect to such settlement.


More Definitions of Barred Claim

Barred Claim means any claim, if any, however styled, whether for indemnification, contribution, or otherwise and whether arising under state, federal or common law, against the Defendants or other Released Parties
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Barred Claim means any claim, if any, however styled, whether for 18 indemnification, contribution, or otherwise and whether arising under state, 19 federal or common law, against the Settling Defendant or Released Parties 20 where the claim is or arises from a Settled Claim and the alleged injury to such 21 Person arises from that Person’s alleged liability to the Settlement Class or any 22 Settlement Class Member, including any claim in which a Person seeks to 23 recover from any of the Released Parties (i) any amounts such person or entity 25 has or might become liable to pay to the Settlement Class or any Settlement 26 Class Member and/or (ii) any costs, expenses, or attorneys’ fees from 27 defending any claim by the Settlement Class or any Settlement Class Member.
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Barred Claim has the meaning set forth in Section 5.3 hereof.
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Barred Claim means any claim, if any, however styled, whether for 24 indemnification, contribution, or otherwise and whether arising under state, 25 federal or common law, against the Settling Defendants or Released Parties 26 (including claims asserted by Released Parties against other Released Parties) where the claim is or arises from a Settled Claim and the alleged injury to such 1 Person arises from that Person’s alleged liability to the Settlement Class or any 2 Settlement Class Member, including any claim in which a Person seeks to 3 recover from any of the Released Parties (i) any amounts such person or entity has or might become liable to pay to the Settlement Class or any Settlement 6 Class Member and/or (ii) any costs, expenses, or attorneys’ fees from 7 defending any claim by the Settlement Class or any Settlement Class Member.
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Related to Barred Claim

  • Covered claim a Claim that one Party intends to assert against the other Party, its Affiliates, or any of their personnel, other than (a) provisional remedies related to Claims related to infringement or misappropriation of intellectual property, (b) Claims of 8x8 or its Affiliate relating to Billed Amounts not disputed in accordance with Section 7.2 (Payment of Billed Amounts), and (c) Claims that the other Party is expressly required to defend under the Agreement.

  • Preferred claim means a claim with respect to which the terms of this chapter accord priority of payment from the general assets of the insurer.

  • Disputed Claim means any Claim that is not Allowed.

  • Covered Claims Claim" means any claim, dispute or controversy between you and us that in any way arises from or relates to this Agreement, the Account, the issuance of any Card, any rewards program, any prior agreement or account. "Claim" includes disputes arising from actions or omissions prior to the date any Card was issued to you, including the advertising related to, application for or approval of the Account. "Claim" has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). "Claim" does not include disputes about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the prohibition against class proceedings, private attorney general proceedings and/or multiple party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the last sentence of Paragraph C.13 and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. 4. Starting an Arbitration: Arbitration may be elected by any party with respect to any Claim, even if that party has already initiated a lawsuit with respect to a different Claim. Arbitration is started by giving a written demand for arbitration to the other party. We will not demand to arbitrate an individual Claim that you bring against us in small claims court or your state’s equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to demand arbitration. 5. Choosing the Administrator: "Administrator" means the American Arbitration Association ("AAA"), 000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, xxx.xxx.xxx; JAMS, 000 Xxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, xxx.xxxxxxx.xxx; or any other company selected by mutual agreement of the parties. If both AAA and JAMS cannot or will not serve and the parties are unable to select an Administrator by mutual consent, the Administrator will be selected by a court. The arbitrator will be appointed by the Administrator in accordance with the rules of the Administrator. However, the arbitrator must be a retired or former judge or a lawyer with at least 10 years of experience. You get to select the Administrator if you give us written notice of your selection with your notice that you are electing to arbitrate any Claim or within 20 days after we give you notice that we are electing to arbitrate any Claim (or, if you dispute our right to require arbitration of the Claim, within 20 days after that dispute is finally resolved). If you do not select the Administrator on time, we may do it. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any Administrator that has in place a formal or informal policy that is inconsistent with the Class Action Waiver. 6.

  • Secured Claim means a Claim that is secured by a Lien on property in which any of the Debtors’ Estates have an interest or that is subject to setoff under section 553 of the Bankruptcy Code, to the extent of the value of the Claim holder’s interest in such Estate’s interest in such property or to the extent of the amount subject to setoff, as applicable, as determined pursuant to section 506(a) of the Bankruptcy Code or, in the case of setoff, pursuant to section 553 of the Bankruptcy Code.

  • Disallowed Claim means (a) a Claim, or any portion thereof, that has been disallowed by a Final Order or a settlement, (b) a Claim or any portion thereof that is Scheduled at zero or as contingent, disputed, or unliquidated and as to which a proof of claim bar date has been established but no proof of claim has been timely filed or deemed timely filed with the Bankruptcy Court pursuant to either the Bankruptcy Code or any Final Order of the Bankruptcy Court or otherwise deemed timely filed under applicable law, or (c) a Claim or any portion thereof that is not Scheduled and as to which a proof of claim bar date has been established but no proof of claim has been timely filed or deemed timely filed with the Bankruptcy Court pursuant to either the Bankruptcy Code or any Final Order of the Bankruptcy Court or otherwise deemed timely filed under applicable law.

  • AWR Claim means any complaint or claim to a tribunal or court made by or on behalf of the Agency Worker against the Hirer and/or the Employment Business for any breach of the AWR;

  • Approved Claim means the timely submitted Claim Form by a Participating Settlement Member that has been approved by the Settlement Administrator.

  • Released Claims means all Released Defendants’ Claims and all Released Plaintiffs’ Claims.