Common use of Proof of Claim Clause in Contracts

Proof of Claim. In order to be eligible to receive a distribution from the Net Settlement Fund, in the event the Settlement is effected in accordance with the Stipulation, each claimant must take the following actions and be subject to the following conditions: (a) The claimant must submit a properly executed Proof of Claim, substantially in the form annexed hereto as Exhibit 2, to the Claims Administrator, at the address indicated in the Notice, postmarked or received no later than one hundred twenty (120) calendar days after the Notice Date. Each Proof of Claim shall be deemed to have been submitted when postmarked (if properly addressed and mailed by first-class or overnight mail, postage prepaid) as long as the Proof of Claim is actually received before the motion for an order of the Court approving distribution of the Net Settlement Fund. Any Proof of Claim submitted in any other manner shall be deemed to have been submitted when it was actually received at the address designated in the Notice. Any Class Member who does not timely submit a Proof of Claim within the time provided for shall be barred from sharing in the distribution of the Net Settlement Fund, unless otherwise ordered by the Court, but shall remain bound by all determinations and judgments in this Action concerning the Settlement, as provided by paragraph 13 of this Order. Notwithstanding the foregoing, Class Counsel may, at its discretion, accept for processing late Proofs of Claim provided such acceptance does not delay the distribution of the Net Settlement Fund to the Class. (b) The Proof of Claim submitted by each claimant must satisfy the following conditions, unless otherwise allowed by the Stipulation: (i) it must be properly completed, signed, and submitted in a timely manner in accordance with the preceding subparagraph; (ii) it must be accompanied by adequate supporting documentation for the transactions reported in it, in the form of broker confirmation slips, broker account statements, an authorized statement from the broker containing the transactional information found in a broker confirmation slip, or other documentation that is deemed adequate by the Claims Administrator or Class Counsel; (iii) if the person executing the Proof of Claim is acting in a representative capacity, a certification of his or her current authority to act on behalf of the claimant must be included in the Proof of Claim; and (iv) the Proof of Claim must be complete and contain no material deletions or modifications of any of the printed matter contained in it and must be signed under penalty of perjury. (c) As part of the Proof of Claim, each claimant shall submit to the jurisdiction of the Court with respect to the claim submitted.

Proof of Claim. In order (1) If any Holder fails to file a proof of claim or other statement or demand in respect of its Subordinated Claims in such Bankruptcy, Insolvency or Liquidation Proceeding prior to the 30th day preceding any bar date or other deadline for filing a proof of claim or other such statement or demand therein, or if any such proof of claim, statement or demand filed by any Holder prior to such day is in any respect inadequate or insufficient (in the good faith opinion of any holder of Senior Debt), then each holder of Senior Debt shall have the right, but not the obligation, to execute and deliver (in the name of such Holder or in its own name but on behalf of such Holder, as such holder of Senior Debt may elect) and file in such Bankruptcy, Insolvency or Liquidation Proceeding any proof of claim, statement or demand which such holder of Senior Debt may determine to be eligible to receive a distribution from the Net Settlement Fund, required or appropriate in the event the Settlement is effected in accordance with the Stipulation, each claimant must take the following actions and be subject to the following conditions: (a) The claimant must submit a properly executed Proof respect of such Subordinated Claim, substantially in the form annexed hereto as Exhibit 2, to the Claims Administrator, at the address indicated in the Notice, postmarked or received no later than one hundred twenty (120) calendar days after the Notice Date. Each Proof of Claim shall be deemed to have been submitted when postmarked (if properly addressed and mailed by first-class or overnight mail, postage prepaid) as long as the Proof of Claim is actually received before the motion for an order of the Court approving distribution of the Net Settlement Fund. Any Proof of Claim submitted in any other manner shall be deemed to have been submitted when it was actually received at the address designated in the Notice. Any Class Member who does not timely submit a Proof of Claim within the time provided for shall be barred from sharing in the distribution of the Net Settlement Fund, unless otherwise ordered by the Court, but shall remain bound by all determinations and judgments in this Action concerning the Settlement, as provided by paragraph 13 of this Order. Notwithstanding the foregoing, Class Counsel may, at its discretion, accept for processing late Proofs of Claim provided such acceptance does not delay the distribution of the Net Settlement Fund to the Class. (b2) The Proof To the extent necessary or reasonably appropriate to permit the holders of Claim submitted Senior Debt to exercise the right granted to them under this Section 6.4(d), each Holder hereby constitutes and appoints each holder of Senior Debt as its attorney-in-fact and agent, with full power of substitution and delegation, to execute, deliver and file any such proof of claim, statement or demand as herein provided, and the power of attorney granted herein (being coupled with an interest) is and shall be in all respects irrevocable. (3) No holder of Senior Debt shall, by each claimant must satisfy executing, delivering or filing any such proof of claim, statement or demand, become liable or responsible in any respect for the following conditionslegality, unless otherwise allowed by adequacy or sufficiency thereof. (4) Each holder of Senior Debt filing any such proof of claim, statement or demand shall deliver or mail a copy thereof to the Stipulation: Company at least 10 days prior to filing such proof of claim, statement or demand, but the failure to deliver or mail such copy shall not in any respect (i) it must be properly completed, signed, and submitted in a timely manner in accordance with the preceding subparagraph; impose any liability on such holder or upon any other holder of Senior Debt or (ii) it must be accompanied by adequate supporting documentation for destroy, affect or impair the transactions reported in itsubordination provided hereby or any right, in the form power or benefit hereby granted to any holder of broker confirmation slipsSenior Debt. The Company shall, broker account statementspromptly after its receipt thereof, an authorized deliver or mail a copy of such proof of claim, statement from the broker containing the transactional information found in a broker confirmation slip, or other documentation that is deemed adequate by the Claims Administrator or Class Counsel; (iii) if the person executing the Proof of Claim is acting in a representative capacity, a certification of his or her current authority demand to act on behalf of the claimant must be included in the Proof of Claim; and (iv) the Proof of Claim must be complete and contain no material deletions or modifications of any of the printed matter contained in it and must be signed under penalty of perjuryeach Holder. (c) As part of the Proof of Claim, each claimant shall submit to the jurisdiction of the Court with respect to the claim submitted.

Proof of Claim. In order to be eligible to receive a distribution from the Net Settlement Fund, in the event the Settlement is effected in accordance with the Stipulation, each claimant must take the following actions and be subject to the following conditions: (a) The claimant must submit a properly executed Proof of Claim, substantially in the form annexed hereto as Exhibit 2, to the Claims Administrator, at the address indicated in the Notice, postmarked or received no later than one hundred twenty (120) calendar days after the Notice Date. Each Proof of Claim shall be deemed to have been submitted when postmarked (if properly addressed and mailed by first-class or overnight mail, postage prepaid) as long as the Proof of Claim is actually received before the motion for an order of the Court approving distribution of the Net Settlement Fund. Any Proof of Claim submitted in any other manner shall be deemed to have been submitted when it was actually received at the address designated in the Notice. Any Class Member who does not timely submit a Proof of Claim within the time provided for shall be barred from sharing in the distribution of the Net Settlement Fund, unless otherwise ordered by the Court, but shall remain bound by all determinations and judgments in this Action concerning the Settlement, as provided by paragraph 13 15 of this Order. Notwithstanding the foregoing, Class Counsel may, at its discretion, accept for processing late Proofs of Claim provided such acceptance does not delay the distribution of the Net Settlement Fund to the Class. (b) The Proof of Claim submitted by each claimant must satisfy the following conditions, unless otherwise allowed by the Stipulation: (i) it must be properly completed, signed, and submitted in a timely manner in accordance with the preceding subparagraph; (ii) it must be accompanied by adequate supporting documentation for the transactions reported in it, in the form of broker confirmation slips, broker account statements, an authorized statement from the broker containing the transactional information found in a broker confirmation slip, or other documentation that is deemed adequate by the Claims Administrator or Class Counsel; (iii) if the person executing the Proof of Claim is acting in a representative capacity, a certification of his or her current authority to act on behalf of the claimant must be included in the Proof of Claim; and (iv) the Proof of Claim must be complete and contain no material deletions or modifications of any of the printed matter contained in it and must be signed under penalty of perjury. (c) As part of the Proof of Claim, each claimant shall submit to the jurisdiction of the Court with respect to the claim submitted.

Proof of Claim. In order to be eligible to receive a distribution from the Net Settlement Fund, in the event the Settlement is effected in accordance with the Stipulation, each claimant must take the following actions and be subject to the following conditions: (a) The claimant must submit If the Administrative Agent fails to file a properly executed Proof proof of Claimclaim or other statement or demand in respect of its claims in any case or proceeding described in Section 12.02 prior to the 30th day preceding any bar date or other deadline for filing a proof of claim or other such statement or demand therein, substantially or if any such proof of claim, statement or demand filed by the Administrative Agent prior to such day is in any respect inadequate or insufficient (in the form annexed hereto as Exhibit 2good faith opinion of the Senior Agent), then the Senior Agent shall have the right, but not the obligation, to the Claims Administrator, at the address indicated execute and deliver (in the Noticename of the Administrative Agent or in its own name but on behalf of the Administrative Agent, postmarked or received no later than one hundred twenty (120) calendar days after the Notice Date. Each Proof of Claim shall be deemed to have been submitted when postmarked (if properly addressed and mailed by first-class or overnight mail, postage prepaid) as long as the Proof Senior Agent may elect) and file in such case or proceeding any proof of Claim is actually received before claim, statement or demand which the motion for an order Senior Agent may determine to be required or appropriate in respect of the Court approving distribution of the Net Settlement Fund. Any Proof of Claim submitted in any other manner shall be deemed to have been submitted when it was actually received at the address designated in the Notice. Any Class Member who does not timely submit a Proof of Claim within the time provided for shall be barred from sharing in the distribution of the Net Settlement Fund, unless otherwise ordered by the Court, but shall remain bound by all determinations and judgments in this Action concerning the Settlement, as provided by paragraph 13 of this Order. Notwithstanding the foregoing, Class Counsel may, at its discretion, accept for processing late Proofs of Claim provided such acceptance does not delay the distribution of the Net Settlement Fund to the Classclaim. (b) The Proof To the extent necessary or reasonably appropriate to permit the Senior Agent to exercise the right granted to it under this Section 12.09, the Administrative Agent hereby constitutes and appoints the Senior Agent as its attorney-in-fact and agent, with full power of Claim submitted by each claimant must satisfy the following conditionssubstitution and delegation, unless otherwise allowed to execute, deliver and file any such proof of claim, statement or demand as herein provided and to amend any such claim filed by the Stipulation: (i) it must be properly completed, signedSenior Agent, and submitted the power of attorney granted herein (being coupled with an interest) is and shall be in a timely manner in accordance with the preceding subparagraph; (ii) it must be accompanied by adequate supporting documentation for the transactions reported in it, in the form of broker confirmation slips, broker account statements, an authorized statement from the broker containing the transactional information found in a broker confirmation slip, or other documentation that is deemed adequate by the Claims Administrator or Class Counsel; (iii) if the person executing the Proof of Claim is acting in a representative capacity, a certification of his or her current authority to act on behalf of the claimant must be included in the Proof of Claim; and (iv) the Proof of Claim must be complete and contain no material deletions or modifications of any of the printed matter contained in it and must be signed under penalty of perjuryall respects irrevocable. (c) As part The Senior Agent shall not, by executing, delivering or filing any such proof of claim, statement or demand, become liable or responsible in any respect for the legality, adequacy or sufficiency thereof. (d) The Senior Agent shall deliver or mail a copy of any such proof of claim, statement or demand to the Administrative Agent at least 10 days prior to filing such proof of claim, statement or demand, but the failure to deliver or mail such copy shall not in any respect (i) impose any liability on the Senior Agent or (ii) destroy, affect or impair the subordination provided in this Article XII or any right, power or benefit hereby granted to the Senior Agent and the Senior Lenders. (e) The Senior Agent shall not have the right, as a holder of the Proof of Claim, each claimant shall submit to the jurisdiction Senior Debt or by reason of the Court with respect subordination provided in this Article XII, to vote any claim for the claim submittedAdministrative Agent or any Lender in any such case or proceeding.

Proof of Claim. In order to be eligible to receive If Agent believes that any statements or assertions in a distribution from the Net Settlement Fund, in the event the Settlement is effected in accordance proof of claim filed by Creditor are not consistent with the Stipulation, each claimant must take terms and conditions hereof; then Agent shall have the following actions right (but not the obligation and be subject any failure of Agent to the following conditions: (a) The claimant must submit a properly executed Proof file such proof of Claim, substantially in the form annexed hereto as Exhibit 2, to the Claims Administrator, at the address indicated in the Notice, postmarked or received no later than one hundred twenty (120) calendar days after the Notice Date. Each Proof of Claim claim shall not be deemed to have been submitted when postmarked (if properly addressed be a waiver by Agent of Lenders of any rights and mailed benefits granted herein by first-class Creditor) in such proceeding, and hereby irrevocably is appointed lawful attorney of Creditor for the purpose of enabling Agent to file and prove all claims therefor and to execute and deliver all documents in such proceeding in the name of Creditor or overnight mailotherwise in respect of such claims, postage prepaid) as long as Agent reasonably may determine to be necessary or appropriate. The Creditor shall provide the Proof WFF/PCA: Subordination Agreement with AGFA - Execution Copy Agent with a copy of Claim is actually received before any proof of claim filed by the motion for an order of the Court approving distribution of the Net Settlement Fund. Any Proof of Claim submitted Creditor in any other manner Insolvency Proceeding. The Creditor shall be deemed provide to have been submitted when the Agent all information and documents necessary to present claims as described herein. The Creditor hereby agrees that, while it was actually received at shall retain the address designated in the Notice. Any Class Member who does not timely submit a Proof of Claim within the time right to vote its claims and, except as otherwise provided for shall be barred from sharing in the distribution of the Net Settlement Fund, unless otherwise ordered by the Court, but shall remain bound by all determinations and judgments in this Action concerning Agreement, otherwise act in any Insolvency Proceeding relative to Obligors (including, without limitation, the Settlementright to vote to accept or reject any plan of partial or complete liquidation, as provided by paragraph 13 of this Order. Notwithstanding reorganization, arrangement, composition, or extension), the foregoing, Class Counsel may, at its discretion, accept for processing late Proofs of Claim provided such acceptance does not delay the distribution of the Net Settlement Fund to the Class. (b) The Proof of Claim submitted by each claimant must satisfy the following conditions, unless otherwise allowed by the Stipulation: Creditor shall not; (i) it must be properly completedtake any action or vote in any way so as to directly or indirectly challenge or contest (A) the validity or the enforceability of the Credit Agreement, signedthe other Loan Documents, or the liens and submitted in a timely manner in accordance security interests granted to the Lenders with respect to the preceding subparagraphSenior Indebtedness, or (B) the validity or enforceability of this Agreement; (ii) it must be accompanied by adequate supporting documentation for the transactions reported in it, in the form of broker confirmation slips, broker account statements, an authorized statement seek relief from the broker containing automatic stay of Section 362 of the transactional information found Bankruptcy Code or any other stay in a broker confirmation slip, any Insolvency Proceeding in respect of any portion of the Collateral; or other documentation that is deemed adequate by the Claims Administrator or Class Counsel; (iii) if the person executing the Proof of Claim is acting in a representative capacity, a certification of his directly or her current authority to act on behalf indirectly oppose any sale or disposition of the claimant must be included in the Proof of Claim; and (iv) the Proof of Claim must be complete and contain no material deletions Collateral, including any sale or modifications of any other disposition of the printed matter contained in it Collateral free and must be signed under penalty of perjury. (c) As part clear of the Proof of Claim, each claimant shall submit to the jurisdiction liens and security interests of the Court with respect to Creditor under Sections 363 or 365 of the claim submittedBankruptcy Code or any other similar provision of applicable law.

Proof of Claim. In order (1) If any Holder fails to file a proof of claim or other statement or demand in respect of its Subordinated Claims in such Bankruptcy, Insolvency or Liquidation Proceeding prior to the 30th day preceding any bar date or other deadline for filing a proof of claim or other such statement or demand therein, or if any such proof of claim, statement or demand filed by any Holder prior to such day is in any respect inadequate or insufficient (in the good faith opinion of any holder of Senior Debt), then each holder of Senior Debt shall have the right, but not the obligation, to execute and deliver (in the name of such Holder or in its own name but on behalf of such Holder, as such holder of Senior Debt may elect) and file in such Bankruptcy, Insolvency or Liquidation Proceeding any proof of claim, statement or demand which such holder of Senior Debt may determine to be eligible to receive a distribution from the Net Settlement Fund, required or appropriate in the event the Settlement is effected in accordance with the Stipulation, each claimant must take the following actions and be subject to the following conditions: (a) The claimant must submit a properly executed Proof respect of such Subordinated Claim, substantially in the form annexed hereto as Exhibit 2, to the Claims Administrator, at the address indicated in the Notice, postmarked or received no later than one hundred twenty (120) calendar days after the Notice Date. Each Proof of Claim shall be deemed to have been submitted when postmarked (if properly addressed and mailed by first-class or overnight mail, postage prepaid) as long as the Proof of Claim is actually received before the motion for an order of the Court approving distribution of the Net Settlement Fund. Any Proof of Claim submitted in any other manner shall be deemed to have been submitted when it was actually received at the address designated in the Notice. Any Class Member who does not timely submit a Proof of Claim within the time provided for shall be barred from sharing in the distribution of the Net Settlement Fund, unless otherwise ordered by the Court, but shall remain bound by all determinations and judgments in this Action concerning the Settlement, as provided by paragraph 13 of this Order. Notwithstanding the foregoing, Class Counsel may, at its discretion, accept for processing late Proofs of Claim provided such acceptance does not delay the distribution of the Net Settlement Fund to the Class. (b2) The Proof To the extent necessary or reasonably appropriate to permit the holders of Claim submitted Senior Debt to exercise the right granted to them under this Section 6.4(d), each Holder hereby constitutes and appoints each holder of Senior Debt as its attorney-in-fact and agent, with full power of substitution and delegation, to execute, deliver and file any such proof of claim, statement or demand as herein provided, and the power of attorney granted herein (being coupled with an inter est) is and shall be in all respects irrevocable. (3) No holder of Senior Debt shall, by each claimant must satisfy executing, delivering or filing any such proof of claim, statement or demand, become liable or responsible in any respect for the following conditionslegality, unless otherwise allowed by adequacy or sufficiency thereof. (4) Each holder of Senior Debt filing any such proof of claim, statement or demand shall deliver or mail a copy thereof to the Stipulation: Company at least 10 days prior to filing such proof of claim, statement or demand, but the failure to deliver or mail such copy shall not in any respect (i) it must be properly completed, signed, and submitted in a timely manner in accordance with the preceding subparagraph; impose any liability on such holder or upon any other holder of Senior Debt or (ii) it must be accompanied by adequate supporting documentation for destroy, affect or impair the transactions reported in itsubordination provided hereby or any right, in the form power or benefit hereby granted to any holder of broker confirmation slipsSenior Debt. The Company shall, broker account statementspromptly after its receipt thereof, an authorized deliver or mail a copy of such proof of claim, statement from the broker containing the transactional information found in a broker confirmation slip, or other documentation that is deemed adequate by the Claims Administrator or Class Counsel; (iii) if the person executing the Proof of Claim is acting in a representative capacity, a certification of his or her current authority demand to act on behalf of the claimant must be included in the Proof of Claim; and (iv) the Proof of Claim must be complete and contain no material deletions or modifications of any of the printed matter contained in it and must be signed under penalty of perjuryeach Holder. (c) As part of the Proof of Claim, each claimant shall submit to the jurisdiction of the Court with respect to the claim submitted.