Litigation Trustee Consent; Resolution of Certain Claims Sample Clauses

Litigation Trustee Consent; Resolution of Certain Claims. Notwithstanding anything in this Litigation Trust Agreement to the contrary, the EPC Reorganizing Debtors and the Responsible Person shall not (i) adjudicate, object to, settle, compromise, liquidate, or Allow, in whole or part, any Claim against any EPC Reorganizing Debtor held by an Entity (or its Affiliates) who is a defendant in a Litigation Trust Cause of Action, or as to whom notification has been provided by the Litigation Trust to the Responsible Person that a potential claim is being evaluated or contemplated by the Litigation Trust against such Entity, which rights shall be exercised exclusively by the Litigation Trustee in its sole discretion, or (ii) Allow, in whole or part, any other Claim against any EPC Reorganizing Debtor, without the prior written consent of the Litigation Trustee, which consent may be withheld by the Litigation Trustee if the Litigation Trustee in its discretion reasonably believes Allowing all or part of such Claim could materially and adversely affect the (x) value of any Litigation Trust Cause of Action, (y) the Litigation Trustee’s rights or ability to fully and completely investigate, prosecute, settle, liquidate, or dispose of any Litigation Trust Cause of Action, or (z) any of the Litigation Trustee’s other rights, duties or obligations under this Litigation Trust Agreement, the Plan, or the Confirmation Order.
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Related to Litigation Trustee Consent; Resolution of Certain Claims

  • Binding Effect of Resolutions Every resolution and every Extraordinary Resolution passed in accordance with the provisions of this Article 7 at a meeting of Registered Warrantholders shall be binding upon all the Warrantholders, whether present at or absent from such meeting, and every instrument in writing signed by Registered Warrantholders in accordance with Section 7.14 shall be binding upon all the Warrantholders, whether signatories thereto or not, and each and every Warrantholder and the Warrant Agent (subject to the provisions for indemnity herein contained) shall be bound to give effect accordingly to every such resolution and instrument in writing.

  • Institution of Legal Actions Any legal actions related to or arising out of this Agreement must be instituted in the District Court of Xxxxxxx County, Kansas or, if federal jurisdiction exists, in the Federal District Court in the District of Kansas.

  • Effect of Approval Approval of any insurance by City shall not relieve or decrease the liability of Grantee hereunder.

  • Limitation on Out-of-State Litigation Texas Business and Commerce Code § 272 This is a requirement of the TIPS Contract and is non-negotiable. Texas Business and Commerce Code § 272 prohibits a construction contract, or an agreement collateral to or affecting the construction contract, from containing a provision making the contract or agreement, or any conflict arising under the contract or agreement, subject to another state’s law, litigation in the courts of another state, or arbitration in another state. If included in Texas construction contracts, such provisions are voidable by a party obligated by the contract or agreement to perform the work. By submission of this proposal, Vendor acknowledges this law and if Vendor enters into a construction contract with a Texas TIPS Member under this procurement, Vendor certifies compliance.

  • Resolution of Conflicts Should any conflicts arise among the Management Directors regarding the operations of Fund, the audit committee, consisting of the Non-Management Directors will resolve the conflict.

  • Order of Precedence; Incorporation by Reference Any inconsistency or ambiguity in this Contract shall be resolved by giving precedence in the following order: (1) This Contract and attachments, (2) RFP document, (3) the CONSULTANT’s response to the RFP document, and (4) attachments prepared by the CONSULTANT. All of the foregoing are incorporated fully by reference.

  • Effect of Settlement/Reservation of Rights The following shall apply:

  • Certification of claims by Statutory Auditors Any claim or document provided by the Concessionaire to the Authority in connection with or relating to receipts, income, payments, costs, expenses, accounts or audit, and any matter incidental thereto shall be valid and effective only if certified by its Statutory Auditors. For the avoidance of doubt, such certification shall not be required for exchange of information in the normal course of business including the submission of Monthly Fee Statements under Clause 19.5.

  • Procedures for Voting and Consents The rules and procedures for calling and conducting any meeting of the holders of Designated Preferred Stock (including, without limitation, the fixing of a record date in connection therewith), the solicitation and use of proxies at such a meeting, the obtaining of written consents and any other aspect or matter with regard to such a meeting or such consents shall be governed by any rules of the Board of Directors or any duly authorized committee of the Board of Directors, in its discretion, may adopt from time to time, which rules and procedures shall conform to the requirements of the Charter, the Bylaws, and applicable law and the rules of any national securities exchange or other trading facility on which Designated Preferred Stock is listed or traded at the time.

  • Notification of Claims In order that the indemnification provisions contained in this Section shall apply, upon the assertion of a claim for which either party may be required to indemnify the other, the party seeking indemnification shall promptly notify the other party of such assertion, and shall keep the other party advised with respect to all developments concerning such claim. The party who may be required to indemnify shall have the option to participate with the party seeking indemnification in the defense of such claim or to defend against said claim in its own name or in the name of the other party. The party seeking indemnification shall in no case confess any claim or make any compromise in any case in which the other party may be required to indemnify it except with the other party’s prior written consent.

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