Common use of Estimation of Claims Clause in Contracts

Estimation of Claims. The Debtors and the Reorganized Debtors may at any time request that the Bankruptcy Court estimate any contingent, unliquidated, or Disputed Claim pursuant to section 502(c) of the Bankruptcy Code, regardless of whether the Debtor previously objected to such Claim or whether the Bankruptcy Court has ruled on any such objection, and the Bankruptcy Court will retain jurisdiction to estimate any Claim at any time during litigation concerning any objection to any Claim, including, without limitation, during the pendency of any appeal relating to any such objection. In the event that the Bankruptcy Court estimates any contingent, unliquidated, or Disputed Claim, the amount so estimated shall constitute either the allowed amount of such Claim or a maximum limitation on such Claim, as determined by the Bankruptcy Court. If the estimated amount constitutes a maximum limitation on the amount of such Claim, the Reorganized Debtors may pursue supplementary proceedings to object to the allowance of such Claim. All of the aforementioned objection, estimation, and resolution procedures are intended to be cumulative and not exclusive of one another. Claims may be estimated and subsequently compromised, settled, withdrawn, or resolved by any mechanism approved by the Bankruptcy Court.

Appears in 1 contract

Samples: Restructuring Support Agreement (Panolam Industries International Inc)

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Estimation of Claims. The Debtors and the Reorganized Debtors Creditor Trustee may at any time request that the Bankruptcy Court estimate any contingent, unliquidated, unliquidated or Disputed Claim pursuant to section 502(c) of the Bankruptcy Code, Code regardless of whether the Debtor Debtor, Committee, or Creditor Trustee previously objected to such Claim or whether the Bankruptcy Court has ruled on any such objection, and the . The Bankruptcy Court will shall retain jurisdiction to estimate any Claim at any time during litigation concerning any objection to any Claim, including, without limitation, during the pendency of any appeal relating to any such objection. In Subject to the provisions of section 502(j) of the Bankruptcy Code, in the event that the Bankruptcy Court estimates any contingent, unliquidated, contingent or Disputed Claim, the amount so estimated shall constitute either the allowed maximum allowable amount of such Claim or a maximum limitation on such Claim, as determined by the Bankruptcy Court. If the estimated amount constitutes a maximum limitation on the amount of such Claim, the Reorganized Debtors Creditor Trustee may pursue supplementary proceedings to object to the allowance of such Claim. All of the The aforementioned objection, estimation, and resolution procedures are intended to be cumulative and not exclusive of one another. Claims may be estimated and subsequently compromised, settled, withdrawn, or resolved by any mechanism approved by the Bankruptcy Court.

Appears in 1 contract

Samples: Creditor Trust Agreement

Estimation of Claims. The Debtors and the and/or Reorganized Debtors may at any time request that the Bankruptcy Court estimate enter an Estimation Order with respect to any contingentClaim, unliquidated, or Disputed Claim pursuant to section 502(c) of the Bankruptcy Code, for purposes of determining the Allowed amount of such Claim regardless of whether the Debtor any Person has previously objected to such Claim or whether the Bankruptcy Court has ruled on any such objection, and the Bankruptcy Court will shall retain jurisdiction to estimate any Claim for purposes of determining the allowed amount of such Claim at any time during litigation concerning any objection to any Claim, including, without limitation, during the pendency of any appeal relating to any such objectiontime. In the event that the Bankruptcy Court estimates any contingentcontingent or unliquidated Claim for allowance purposes, unliquidated, or Disputed Claim, the that estimated amount so estimated shall will constitute either the allowed Allowed amount of such Claim or a maximum limitation on such Claim, as determined by the Bankruptcy Court. If the estimated amount constitutes a maximum limitation on the amount of such Claim, the Reorganized Debtors objecting party may elect to pursue supplementary any supplemental proceedings to object to the allowance of any ultimate payment on such Claim. All of the aforementioned objection, estimation, settlement, and resolution procedures set forth in the Plan are intended to be cumulative and not necessarily exclusive of one another. Claims may be estimated and subsequently compromised, settled, withdrawn, resolved or resolved withdrawn by any mechanism approved by the Bankruptcy Court.

Appears in 1 contract

Samples: Stock Purchase and Backstop Agreement (Deutsche Bank Ag\)

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Estimation of Claims. The Debtors and the Reorganized Debtors may at any time request that the Bankruptcy Court estimate any contingent, unliquidated, unliquidated or Disputed Claim pursuant to section 502(c) of the Bankruptcy Code, Code regardless of whether the Debtor previously objected to such Claim or whether the Bankruptcy Court has ruled on any such objection, and the Bankruptcy Court will retain jurisdiction to estimate any Claim at any time during litigation concerning any objection to any Claim, including, without limitation, during the pendency of any appeal relating to any such objection. In the event that the Bankruptcy Court estimates any contingent, unliquidated, unliquidated or Disputed Claim, the amount so estimated shall constitute either the allowed Allowed amount of such Claim or a maximum limitation on such Claim, as determined by the Bankruptcy Court. If the estimated amount constitutes a maximum limitation on the amount of such Claim, the Reorganized Debtors may pursue supplementary proceedings to object to the allowance of such Claim. All of the aforementioned objection, estimation, estimation and resolution procedures are intended to be cumulative and not exclusive of one another. Claims may be estimated and subsequently compromised, settled, withdrawn, withdrawn or resolved by any mechanism approved by the Bankruptcy Court.

Appears in 1 contract

Samples: Investment Agreement (Lodgenet Interactive Corp)

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