No Liability for Good Faith Error of Judgment. The Trustee shall not be liable for any error of judgment made in good faith, unless it shall be finally determined by a final judgment of a court of competent jurisdiction (not subject to further appeal or review) that the Trustee was grossly negligent in ascertaining the pertinent facts.
Appears in 2 contracts
Samples: Liquidating Trust Agreement, Litigation Trust Agreement (Jennifer Convertibles Inc)
No Liability for Good Faith Error of Judgment. The Litigation Trustee shall not be liable for any error of judgment made in good faith, unless it shall be finally determined by a final judgment of a court of competent jurisdiction (not subject to further appeal or review) Final Order that the Litigation Trustee was grossly negligent in ascertaining the pertinent facts.
Appears in 1 contract
Samples: Litigation Trust Agreement
No Liability for Good Faith Error of Judgment. The Trustee shall not be liable for any act, omission or error of judgment made in good faith, unless it shall be finally determined by a final judgment of a court of competent jurisdiction (not subject to further appeal or review) proved that the Trustee was grossly negligent in ascertaining the pertinent factsnegligent.
Appears in 1 contract
Samples: Creditors Trust Agreement
No Liability for Good Faith Error of Judgment. The Litigation Trustee shall not be liable for any error of judgment made in good faith, unless it shall be finally determined by a final judgment of a court of competent jurisdiction (not subject to further appeal or review) that the Trustee was grossly negligent in ascertaining the pertinent facts.determined
Appears in 1 contract
Samples: Litigation Trust Agreement
No Liability for Good Faith Error of Judgment. The Litigation Trustee shall not be liable for any error of judgment made in good faith, unless it shall be finally determined by a final judgment of a court of competent jurisdiction (not subject to further appeal or review) that the Litigation Trustee was grossly negligent in ascertaining the pertinent facts.
Appears in 1 contract
No Liability for Good Faith Error of Judgment. The Litigation Trustee shall not be liable for any error of judgment made in good faith, unless it shall be finally determined by a final judgment of a court of competent jurisdiction (not subject to further appeal or review) proved that the Litigation Trustee was grossly negligent or acting with willful misconduct in ascertaining the pertinent facts.
Appears in 1 contract
Samples: Litigation Trust Agreement