Liquidated Claim definition

Liquidated Claim means a claim by or on behalf of a Purchaser Indemnified Person for indemnification under ARTICLE VII to the extent that such claim has not yet been satisfied by cash payment that is either resolved by a final and non-appealable judgment or mutually agreed upon in writing between Purchaser and Seller.
Sample 1Sample 2Sample 3
Liquidated Claim means an Asbestos Personal Injury Claim which was determined or established prior to the Petition Date and includes claims which (a) were fully settled, but not paid prior to the Petition Date; (b) are evidenced by a judgment or court order; or (c) are for defense costs related to prepetition asbestos claims against the Debtor.
Sample 1Sample 2
Liquidated Claim means a certain debt which is undoubtedly due and payable. The indebtedness must be certain, and not the subject of a genuine dispute and arguable defence – see the comments of the Jersey Court of Appeal in SO Holding [2011] JLR 782 at paragraphs 8 and 9 citing Re Baltic Partners [1996] JLR Note 1 and Dessain and Wilkins Pages 143 – 144, paragraph 5.3. As a creditor applicant does not need to have a judgment, a creditor with a liquidated claim can apply even if that claim arises from a contract governed by a foreign law with a foreign jurisdiction clause, as was the case in SO Holding.
Sample 1

Examples of Liquidated Claim in a sentence

  • When the Statement of Liquidated Claim is served, The City of Newcastle will await the statutory twenty eight (28) days to enable the Building Owner to negotiate a repayment arrangement with Council, prior to taking Step 6.

  • In the event that the Statement of Liquidated Claim can not be served on the Building Owner, then The City of Newcastle and its debt recovery service provider will conduct an investigation to attempt to locate the whereabouts of the Building Owner.

  • If an Indemnitee gives a Notice of Claim for an Unliquidated Claim, the Indemnitee shall also give a second Notice of Claim (the "Liquidated Claim Notice") within 60 days after the matter giving rise to the claim becomes finally resolved, and the Liquidated Claim Notice shall specify the amount of the claim.

  • The Council’s enforcement procedure anticipates that if an EUC remains unpaid after a Demand Letter has been sent, then a Statement of Liquidated Claim should be issued within 3 working days after the due date of the Demand Letter.

  • Each Indemnitor to which a Notice of Claim is given shall respond to any Indemnitee that has given a Notice of Claim (a "Claim Response") within 90 days (the "Response Period") after the later of (i) the date that the Notice of Claim is given or (ii) if a Notice of Claim is first given with respect to an Unliquidated Claim, the date on which the Liquidated Claim Notice is given.

  • Step 5A: Serving the Statement of Liquidated Claim Once the SLC has been filed Council will effect service on the Building Owner at the address disclosed in the EUA.

  • Only in the event that such security or surety is insufficient to pay the Pre-Petition Liquidated Claim in full shall the deficiency be processed and paid as a Pre-Petition Liquidated Claim.

  • Claim (SLC) If the third attempt at direct debit is unsuccessful then Council will file and serve a Statement of Liquidated Claim on the Building Owner seeking recovery of the outstanding EUC amount, together with payment of accrued penalty interest and late payment fees.

  • If an Environmental Upgrade Charge remains unpaid after the date of payment set out in the Demand Letter, The City of Newcastle will instruct its Mercantile Agent to arrange for the service of a Statement of Liquidated Claim to be served on the Building Owner.

  • Nothing in this Section shall be deemed to provide that any Involved Insurer is bound by any determination made by the Claims Reviewers in connection with making or tendering such Liquidated Claim Offer, or has waived any rights related to whether such Tort Claim may be covered under any applicable insurance policy.

Related to Liquidated Claim

  • Disputed Claim means any Claim that is not Allowed.

  • Allowed Claim means an Allowed Claim of the type described.

  • 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.

  • Subordinated Claim means a Claim of the kind described in sections 726(a)(3) or 726(a)(4) of the Bankruptcy Code and/or Claims subordinated under sections 510(b) or 510(c) of the Bankruptcy Code.

  • Affected Claim means any Claim other than an Unaffected Claim;

  • Allowed Secured Claim means an Allowed Claim secured by a lien, security interest or other charge against property in which the Estate has an interest, or which is subject to setoff under Section 553 of the Bankruptcy Code, to the extent of the value, determined in accordance with Section 506(a) of the Bankruptcy Code, of the interest of the holder of such Allowed Secured Claim in the Estate's interest in such property, or to the extent of the amount subject to any setoff, as the case may be.

  • Contested Claim means any Tax, Indebtedness or other claim or liability (i) the validity or amount of which is being diligently contested in good faith, (ii) for which adequate reserve, or other appropriate provision, if any, as required in conformity with GAAP shall have been made, and (iii) with respect to which any right to execute upon or sell any assets of the Company or of any of its Subsidiaries has not matured or has been and continues to be effectively enjoined, superseded or stayed.

  • Administrative Claim means a Claim for costs and expenses of administration of the Estates under sections 503(b), 507(a)(2), 507(b), or 1114(e)(2) of the Bankruptcy Code, including: (a) the actual and necessary costs and expenses incurred on or after the Petition Date of preserving the Estates and operating the businesses of the Debtors; (b) Allowed Professional Fee Claims in the Chapter 11 Cases; and (c) all fees and charges assessed against the Estates under chapter 123 of title 28 of the United States Code, 28 U.S.C. §§ 1911-1930.

  • Settled claim means the original tort claim resolved by a structured settlement.

  • Unsecured Claim means any Claim that is not a Secured Claim.

  • 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.

  • Priority Claim means a Claim that is entitled to priority in payment pursuant to section 507(a) of the Bankruptcy Code that is not an Administrative Claim or a Priority Tax Claim.

  • Unresolved Claim means a Claim, which at the relevant time, in whole or in part: (a) has not been Finally Determined to be a Proven Claim in accordance with the Amended Claims Procedure Order and this Plan; (b) is validly disputed in accordance with the Amended Claims Procedure Order; and/or (c) remains subject to review and for which a Notice of Allowance or Notice of Revision or Disallowance (each as defined in the Amended Claims Procedure Order) has not been issued to the Creditor in accordance with the Amended Claims Procedure Order as at the date of this Plan, in each of the foregoing clauses, including both as to proof and/or quantum;

  • Exculpated Claim means any Claim related to any act or omission in connection with, relating to, or arising out of the Debtors' in or out of court restructuring, the Chapter 11 Cases, formulation, preparation, dissemination, negotiation, or filing of the Disclosure Statement, the Plan, the settlement of Claims or renegotiation of Executory Contracts or Unexpired Leases, the negotiation of the Plan, the DIP Credit Agreement, the Plan Supplement, the Exit Facility Credit Agreement, or any contract, instrument, release, or other agreement or document created or entered into in connection with the Disclosure Statement or Plan, the filing of the Chapter 11 Cases, the pursuit of Confirmation, the pursuit of consummation of the Plan, the administration, consummation, and implementation of the Plan, the distribution of property under the Plan, or any transaction contemplated by the Plan or Disclosure Statement, or in furtherance thereof; provided, however, that Exculpated Claims shall not include any claim arising out of any act or omission that is determined in a Final Order to have constituted gross negligence, willful misconduct, or intentional fraud to the extent imposed by applicable non-bankruptcy law. For the avoidance of doubt, no Cause of Action, obligation or liability expressly set forth in or preserved by the Plan or the Plan Supplement constitutes an Exculpated Claim.

  • Covered claim means the following:

  • Cure Claim means a Claim (unless waived or modified by the applicable counterparty) based upon a Debtor’s defaults under an Executory Contract or an Unexpired Lease assumed by such Debtor under section 365 of the Bankruptcy Code, other than a default that is not required to be cured pursuant to section 365(b)(2) of the Bankruptcy Code.

  • Allowed Unsecured Claim means all or that portion of an Unsecured Claim which is an Allowed Claim.

  • DIP Claim means any Claim arising under, derived from or based upon the DIP Facility or DIP Orders, including the DIP Exit Backstop Premium and the guarantees in respect thereof under the DIP Facility Documents, including Claims for all principal amounts outstanding, interest, fees, expenses, costs, and other charges arising under or related to the DIP Facility.

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

  • Fee Claim means a Claim for Accrued Professional Compensation.

  • 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;

  • Administrative Claim Bar Date means the deadline for filing requests for payment of Administrative Claims, which shall be 30 days after the Effective Date.

  • 503(b)(9) Claim means a Claim or any portion thereof entitled to administrative expense priority pursuant to section 503(b)(9) of the Bankruptcy Code.

  • DIP Facility Claim means a Claim arising under or as a result of the DIP Facility.

  • IPR Claim means any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of any IPR, used to provide the Services or as otherwise provided and/or licensed by the Supplier (or to which the Supplier has provided access) to the Authority in the fulfilment of its obligations under this Framework Agreement;

  • Disputed Claims Reserve means a reserve of Cash that may be funded on or after the Effective Date pursuant to Article VII.E hereof.