Unknown Claim or "Unknown Claims" means any and all Claims, including without limitation, any Claim which any of the parties hereto does not know or even suspect to exist in his, her, or its favor at the time of the giving of the releases and waivers set forth in Section 15.17 hereof which, if known by him, her or it might have affected his, her or its decision regarding the releases and waivers. Each of the parties acknowledges that he, she or it might hereafter discover facts in addition to or different from those which he, she, or its now knows or believes to be true with respect to the matters herein released and waived, but each shall be deemed to have fully, finally and forever released any and all Claims.
Unknown Claim means any Released Claim that any Class Member does not know or suspect to exist in his, her or its favor at any time on or before the date that such Class Member’s release becomes effective, and that, if known by him, her, or it, might have affected his, her or its settlement with the Releasees or might have affected his, her, or its decision not to request exclusion from the Class or not to object to the Settlement Agreement.
Unknown Claim is defined in Section 9.2.
Examples of Unknown Claim in a sentence
The Post-Effective Date Unknown Claim Reserve will terminate on the earlier of: (i) the exhaustion of the Post-Effective Date Unknown Claim Reserve or (ii) the occurrence of the fifth (5th) anniversary of the Plan Effective Date.
After the Plan Effective Date, the Diocese shall contribute $200,000 separate from the Trust Assets to a reserve fund for Post- Effective Date Unknown Survivor Claims pursuant to the Survivor Claim Distribution Plan (the “Post-Effective Date Unknown Claim Reserve”).
The Trustee shall also allocate $250,000 of the Trust’s initial corpus to the Pre-Effective Date Unknown Claim Reserve.
The Pre-Effective Date Unknown Claim Reserve will terminate after the payment of all allowed Pre-Effective Date Unknown Survivor Claims.
After the Post- Effective Date Unknown Claim Reserve terminates, to the extent there are any remaining funds after payment to all Post-Effective Date Unknown Survivor Claims pursuant to the Survivor Claim Distribution Plan, such remaining funds shall be divided equally, with the Trustee returning one half of the remaining funds to the Reorganized Debtor within 30 days after the termination of the Post-Effective Date Unknown Claim Reserve.
More Definitions of Unknown Claim
Unknown Claim means any Claim that the Co-Lead Plaintiffs, the ERISA Plans, the fiduciaries of the ERISA Plans, and Class Members do not know or suspect to exist in his, her, or its favor at any time on or before the date that her, his, or its release becomes effective, and that, if known by him, her, or it, might have affected his, her, or its settlement with any of the Defendants or other Releasees or might have affected his, her, or its decision not to object to this Settlement Agreement.
Unknown Claim means any Released Claim that Lead Plaintiff or any Settlement Class Member does not know or suspect to exist in his, her, or its favor at the time of the release of the Released Persons, which, if known by him, her, or it, might have affected his, her, or its decision(s) with respect to the Settlement, including, but not limited to, the decision not to object to the Settlement.
Unknown Claim means any Claim that any Settling Party does not know or suspect to exist in his, her or its favor but that accrued at any time on or before the Final Order becomes Non-Appealable, including, without limitation, Claims that if known might have affected the decision to enter into this Settlement Agreement or not to object to the Settlement. With respect to all Settled Claims, the Settling Parties stipulate and agree that upon the Final Order becoming Non-Appealable, each Settling Party shall expressly waive, and shall be deemed to, and by operation of the Final Order shall, waive and relinquish, to the fullest extent permitted by law, the provisions, rights and benefits of Chapter 9-13-02 of the North Dakota Century Code and all similar, comparable, and/or equivalent provisions of the statutory or common laws of any other State, Territory, or other jurisdiction. Chapter 9-13-02 reads:
Unknown Claim means any claim arising out of newly-discovered facts and/or facts not now known but which could reasonably be discovered, and/or found hereafter to be other than or different from the facts now believed to be true. The Released Claims include all Unknown Claims relating to the alleged systematic practice to reduce the amount of actual cash value payments through claims-estimating software. An Unknown Claim is not a claim arising out of coverages other than for loss or damage to structures or buildings, or a claim for replacement cost benefits submitted in the ordinary course.
Unknown Claim means any Claim that a Non-U.S. Exchange Purchaser does not or could not know or suspect to exist in his, her, or its favor at any time on or before the Notice Mailing Date and that, if known by him, her, or it, might have affected his, her, or its settlement with any of the Releasees or might have affected his, her, or its decision whether to notify the Administrator by the Exclusion Date that he, she, or it did not wish to be bound by the Binding Declaration and the Release.
Unknown Claim means claims arising out of facts found hereafter to be other than or different from facts now known or believed to be true, relating to any matter covered by this Proposed Settlement.
Unknown Claim means any Released Claim that any Settlement Class Member, including any of the Representative Plaintiffs, does not know or suspect to exist in his/her favor as of the date this Agreement, with respect to the Representative Plaintiffs, or as of the Opt-Out Deadline, with respect to all other Settlement Class Members, that, if known by him or her, might have affected his or her settlement with and release of the Released Persons, or might have affected