CLAIMS OF FAMILY MEMBERS Sample Clauses

CLAIMS OF FAMILY MEMBERS. Immediate family members of a Quebec Class Action Settlement Claimant who have themselves timely filed proofs of claim in the Case will be resolved and paid under the terms of the Litigation Facility Agreement. 6. EFFECT OF OPT-OUT ELECTIONS/FAILURE TO OBTAIN COURT APPROVAL. Class 6A Claimants who timely opted out of the class action in Quebec and who do not timely elect to participate as Settling Claimants shall be treated as Class 6.1 Claimants under the Plan. The time period for opting out of the class action in Quebec has expired. Dow Corning believes that three individuals opted out. If the Court should fail to approve the Quebec Breast Implant Settlement Agreement, Class 6A Claimants shall be treated as Class 6.1 Claimants. Page 57
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CLAIMS OF FAMILY MEMBERS. The Ontario Breast Implant Settlement Agreement provides for resolution of the Claims of Family Members of such Claimants. Such Family Member Claims shall be resolved out of the payments of the Reorganized Debtor to the Ontario Class Action Fund. 6. EFFECT OF OPT-OUT ELECTIONS/FAILURE TO OBTAIN COURT APPROVAL. Class 6B Claimants who opted out of the class action in Ontario and who do not timely elect to participate as Settlement Class Members shall be treated as Class 6.1, Class 7 or Class 8 Claimants under the Plan. The time period for electing to opt out of the Ontario class action has expired. Dow Corning believes that 15 members opted out. If the Court should fail to approve the Ontario Breast Implant Settlement Agreement, Class 6B Claimants shall be treated as Class 6.1, 7 or 8 Claimants, as appropriate. K. B.C. CLASS ACTION CLAIMS--CLASS 6C. Claims in Class 6C are to be resolved pursuant to the terms of the B.C. Class Action Settlement Agreement, provided such agreement is approved by the Court as part of confirmation of the Plan. That agreement provides, in pertinent part, for the treatment described below. 1. ELIGIBLE CLASS 6C CLAIMANTS. Eligible B.C. Class Action Settlement Claimants (defined in the B.C. Class Action Settlement Agreement as "SETTLING CLAIMANTS") shall include (i) those Breast Implant Personal Injury Claimants, Silicone Material Claimants and Miscellaneous Raw Material Claimants who are residents of British Columbia having Claims against DCC and its subsidiary, DCC Canada, Inc., and who have not timely elected to opt out of treatment as a member of such class and (ii) those Breast Implant Personal Injury Claimants, Silicone Material Claimants and Miscellaneous Raw Material Claimants who are resident of any Canadian province other than British Columbia, Quebec and Ontario who elect to participate as Settlement Class Members under the terms of the B.C.
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CLAIMS OF FAMILY MEMBERS. The treatment afforded the Class Members in Class 6C shall be cumulative of the Claims of Family Members of such Claimants, and such Family Member Claims shall be deemed released in consideration of the payments of the Reorganized Debtor to the B.C. Class Action Fund. 6. EFFECT OF OPT-OUT AND OPT-IN ELECTIONS/FAILURE TO OBTAIN COURT APPROVAL. Class 6C Claimants who reside in British Columbia and who timely opt out of the class action in British Columbia and the potential Class 6C Claimants who reside in Canadian provinces other than British Columbia, Quebec and Ontario and who do not timely elect to become Settlement Class Members in the class action in British Columbia shall become (or shall remain) Class 6.1, 7 or 8 Claimants under the Plan. The time period for electing to opt either in or out, as applicable, of the class action has not commenced. Following receipt of information regarding the results of the opt-in/opt-out elections in British Columbia, Dow Corning will have 45 days to review and consider the effect of the elections. If, in the view of Dow Corning, the number of opt-outs is excessive or the number of opt-ins is insufficient, it may withdraw from the settlement. Similarly, if materially more than 4,100 "Primary Claimants" elect to become Class 6C Claimants, or if the Confirmation Date is delayed beyond December 31, 1999, the Settlement Claimants may withdraw from the settlement. If Dow Corning or the Settlement Claimants withdraw from the settlement or if either the Court or the British Columbia court fails to approve the settlement, Class 6C Claimants shall be treated as Class 6.1, Class 7 or Class 8 Claimants, as appropriate. L. AUSTRALIA BREAST IMPLANT CLAIMS--CLASS 6D. Claims in Class 6D are to be resolved pursuant to the terms of the Australia Breast Implant Settlement Option, provided such proposed settlement option is approved by the Court as part of confirmation of the Plan. That settlement option provides, in pertinent part, for the treatment described below. 1.
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CLAIMS OF FAMILY MEMBERS. The treatment afforded the class members in Class 6D shall be cumulative of the Claims of Family Members of such Claimants, and such Family Member Claims shall be deemed Page 62
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Related to CLAIMS OF FAMILY MEMBERS

  • Claims of the Members The Members and former Members shall look solely to the Company’s assets for the return of their Capital Contributions, and if the assets of the Company remaining after payment of or due provision for all debts, liabilities and obligations of the Company are insufficient to return such Capital Contributions, the Members and former Members shall have no recourse against the Company or any other Member.

  • Indemnification Procedure for Claims of Third Parties Indemnification, with respect to claims resulting from the assertion of liability by those not parties to this Contract (including governmental claims for penalties, fines and assessments), shall be subject to the following terms and conditions:

  • Claims of the Partners The Partners shall look solely to the Partnership’s assets for the return of their Capital Contributions, and if the assets of the Partnership remaining after payment of or due provision for all debts, liabilities and obligations of the Partnership are insufficient to return such Capital Contributions, the Partners shall have no recourse against the Partnership or any other Partner or any other Person. No Partner with a negative balance in such Partner’s Capital Account shall have any obligation to the Partnership or to the other Partners or to any creditor or other Person to restore such negative balance during the existence of the Partnership, upon dissolution or termination of the Partnership or otherwise, except to the extent required by the Act.

  • Released Claims On behalf of Executive and Executive’s heirs, assigns, executors, administrators, trusts, spouse and estate, Executive hereby releases and forever discharges the “Releasees” hereunder, consisting of the Company and each of the Company’s owners, affiliates, subsidiaries, predecessors, successors, assigns, agents, directors, officers, partners, employees, and insurers, and all persons acting by, through, under or in concert with them, or any of them, of and from any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liability, claims, demands, damages, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent (hereinafter called “Claims”), which Executive now has or may hereafter have against the Releasees, or any of them, by reason of any matter, cause, or thing whatsoever from the beginning of time to the date hereof, including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to Executive’s hire, employment, remuneration or termination by the Releasees, or any of them, Claims arising under federal, state, or local laws relating to employment, Claims of any kind that may be brought in any court or administrative agency, including any Claims arising under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000, et seq.; Americans with Disabilities Act, as amended, 42 U.S.C. § 12101 et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.; Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621, et seq.; Civil Rights Act of 1866, and Civil Rights Act of 1991; 42 U.S.C. § 1981, et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); regulations of the Office of Federal Contract Compliance, 41 C.F.R. Section 60, et seq.; The Family and Medical Leave Act, as amended, 29 U.S.C. § 2601 et seq.; the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the California Fair Employment and Housing Act, as amended, Cal. Lab. Code § 12940 et seq.; the California Equal Pay Law, as amended, Cal. Lab. Code §§ 1197.5(a),199.5; the Xxxxx-Xxxxx-Xxxxxxx Family Rights Act of 1991, as amended, Cal. Gov’t Code §§12945.2, 19702.3; California Labor Code §§ 1101, 1102; the California WARN Act, California Labor Code §§ 1400 et. seq; California Labor Code §§ 1102.5(a),(b); Massachusetts Fair Employment Practices Law, Mass. Gen. Laws ch. 151B, §1 et seq.; Massachusetts Sexual Harassment Law, Mass. Gen. Laws ch. 214, §1C; Massachusetts Equal Pay Law, Mass. Gen. Laws ch. 149, §105A-C; Massachusetts Family and Medical Leave Law, Mass. Gen. Laws ch. 149, §52D; Massachusetts WARN Laws, Mass. Gen. Laws ch. 149, §182 and Mass. Gen. Laws ch. 151A, §71A-G, and any other federal, state or local laws of similar effect; the employment and civil rights laws of California and Massachusetts; Claims for breach of implied or express contract; Claims arising in tort, including, without limitation, Claims of wrongful dismissal or discharge, discrimination, harassment, retaliation, fraud, misrepresentation, defamation, libel, slander, defamation, infliction of emotional distress, violation of public policy, and/or breach of the implied covenant of good faith and fair dealing; and Claims for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees.

  • Disclaimer of Shareholder and Trustee Liability The Distributor understands that the obligations of the Fund under this Plan are not binding upon any Trustee or shareholder of the Fund personally, but bind only the Fund and the Fund's property. The Distributor represents that it has notice of the provisions of the Declaration of Trust of the Fund disclaiming Trustee and shareholder liability for acts or obligations of the Fund. Xxxxxxxxxxx Moderate Investor Fund, a series of Xxxxxxxxxxx Portfolio Series By: /s/ Xxxxxx X. Xxxxxxx Xxxxxx X. Xxxxxxx Secretary OppenheimerFunds Distributor, Inc. By: /s/ Xxxx XxXxxxxxx Xxxx XxXxxxxxx

  • Third Party Beneficiaries This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other person.

  • Survival & Third-Party Beneficiaries The advancement, reimbursement, indemnity and contribution obligations set forth in this Section 5 shall remain in full force and effect regardless of any termination of, or the completion of any Underwriter Indemnified Party’s services under or in connection with, this Agreement. Each Underwriter Indemnified Party’s is an intended third-party beneficiary of this Section 5, and has the right to enforce the provisions of Section 5 as if he/she/it was a party to this Agreement.

  • Claims by Third Parties With respect to claims made by third parties, the Indemnifying Party shall be entitled to assume control of the defense of such action or claim with counsel reasonably satisfactory to the Indemnified Party; provided, however, that:

  • No Personal Liability of Shareholders, Trustees, etc No Shareholder of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person in connection with Trust Property or the acts, obligations or affairs of the Trust. Shareholders shall have the same limitation of personal liability as is extended to stockholders of a private corporation for profit incorporated under the Delaware General Corporation Law. No Trustee or officer of the Trust shall be subject in such capacity to any personal liability whatsoever to any Person, save only liability to the Trust or its Shareholders arising from bad faith, willful misfeasance, gross negligence or reckless disregard for his duty to such Person; and, subject to the foregoing exception, all such Persons shall look solely to the Trust Property for satisfaction of claims of any nature arising in connection with the affairs of the Trust. If any Shareholder, Trustee or officer, as such, of the Trust, is made a party to any suit or proceeding to enforce any such liability, subject to the foregoing exception, he shall not, on account thereof, be held to any personal liability. Any repeal or modification of this Section 5.1 shall not adversely affect any right or protection of a Trustee or officer of the Trust existing at the time of such repeal or modification with respect to acts or omissions occurring prior to such repeal or modification.

  • Causes of Action All causes of action and claims (including, without limitation, all causes of action or claims arising in tort, by contract, by fraud or by concealment of material fact) against any Person for damages or injury to the Property or in connection with any transactions financed in whole or in part by the proceeds of the Loan (“Cause of Action”);

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