Settling Claimants Sample Clauses

Settling Claimants. To induce the El Paso Settling Parties to give the releases described in Paragraph 5 of this Agreement, and to make the representations, warranties, covenants, and other agreements set forth herein, each Settling Claimant, for itself, agrees to:
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Settling Claimants. The Settling Claimants or their designee(s) may terminate this Agreement if there has been a material misrepresentation, a material breach of warranty, or a material failure to comply with any covenant or agreement on the part of any of the El Paso Settling Parties with respect to their representations, warranties, covenants or agreements set forth herein, and such misrepresentation, breach, or failure to comply has not been cured in all material respects within ten (10) Business Days of receipt by El Paso from the Designated Representative of written notice thereof.
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Settling Claimants. The Settling Claimants or their designee(s) may terminate this Agreement prior to the Closing Date if there has been a material misrepresentation, a material breach of warranty, or a material failure to comply with any covenant or agreement on the part of any of the Sempra Parties with respect to their representations, warranties or covenants set forth herein, and such misrepresentation, breach, or failure to comply has not been cured in all material respects within ten (10) Business Days of receipt by the Sempra Parties from the Designated Representative of written notice thereof.
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Settling Claimants. 97 a. Timing of Payment for Settling Breast Implant 97 Claimants........................................ b. Timing of Payment for Settling Silicone Material 97 Claimants........................................ c. Timing of Payments for Settling Other Products 97 Claimants........................................ Timing of Payment for Non-Settling Personal Injury 2. Claimants.............................................. 98 3. Temporary Delays in Payment............................ 98 Payment Delays Attributable to Delays in the Effective 4. Date................................................... 98 7.2
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Settling Claimants. Because the aggregate amount available for Settling Claims is capped, the Plan does not guarantee each individual Claimant's payment. This means that if the value of all Settling Claims (as Page 94
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Settling Claimants. The Proponents believe that the Plan provides efficient processes for resolving settling Claims as quickly as possible. Settling Personal Injury Claims will be processed through a Claims Office using the personnel, facilities and, in substantial part, the protocols of the existing MDL 926 Claims Office. By adopting the existing personnel, facilities and procedures, the Plan Proponents expect to avoid the inherent delay and expense associated with establishing a new claims processing facility. Accordingly, the Proponents anticipate that Claims processing operations will begin promptly after the Effective Date. A. TIMING OF PAYMENT FOR SETTLING BREAST IMPLANT CLAIMANTS. The Plan calls for the Settlement Facility to begin making First Priority Payments, as soon as Claimants qualify, within the first year after the Plan becomes effective. The Proponents believe that during the first several years the timing of payments will be affected by two factors: the speed with which Claimants prepare and submit Claim Forms and documents and the rate at which the Claims Office can review and evaluate Claims. Since the Facility will apply the criteria and protocols of the Revised Settlement Program, the Proponents believe that the Claims Office should be able to process and pay Settling Breast Implant Claims at least as quickly as the Revised Settlement Program. The Proponents expect that up to half of the First Priority Payments could be made within the first three years and approximately two-thirds of the First Priority Payments could be made within the first four years. Because of their lower priority under the Plan and because of the Annual Payment Ceilings specified in the Funding Payment Agreement, the Second Priority Payments ("Premium" payments) for most Claimants will likely be paid later--so that Breast Implant Claimants will first receive their "Base" Payments and then, at a later date, receive the "Premium" payments. The Proponents expect that Claimants will likely begin to receive "Premium" payments some years after the Effective Date. This means that those Claimants who receive the earliest First Priority Payments may receive their "Premium" payments several years after distribution of First Priority Payments. B. TIMING OF PAYMENT FOR SETTLING SILICONE MATERIAL CLAIMANTS. Under the Plan the Claims Office must first receive and evaluate every Silicone Material Claim before distributing any payments to such Claimants. Because there is a two-year deadline for su...
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Settling Claimants. Except for Opus Trust and Xxxxxxxx, no other person, partnership, corporation, joint venture, limited liability company or other form of organization or association of any kind has any right, title or interest in or to the BION Stock or the Units.
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Settling Claimants. Settling Claimants have executed the Releases attached hereto as Exhibit A and have provided Plaintiffs’ Counsel stipulated dismissals substantially in the form attached hereto as Exhibit D. Subject to Section 3.2, no Settling Claimant may withdraw a Release or otherwise terminate or withdraw from the Agreement.
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Related to Settling Claimants

  • Litigation; Claims Any rights (including indemnification) and claims and recoveries under litigation of Seller against third parties arising out of or relating to events prior to the Closing Date;

  • Pending Claims There are no (i) claims, demands, litigation, proceedings or governmental investigations pending or to Seller’s knowledge threatened, against Seller, the Manager or any Affiliate of any of them (collectively, “Seller Parties”) or related to the business or assets of the Hotel, except as set forth on Exhibit I attached hereto and incorporated herein by reference, (ii) special assessments or extraordinary taxes except as set forth in the Title Commitment or (iii) pending or threatened condemnation or eminent domain proceedings which would affect the Property or any part thereof. To Seller’s knowledge, there are no other: pending arbitration proceedings or unsatisfied arbitration awards, or judicial proceedings or orders respecting awards, which might become a lien on the Property or any portion thereof, pending unfair labor practice charges or complaints, unsatisfied unfair labor practice orders or judicial proceedings or orders with respect thereto, pending charges or complaints with or by city, state or federal civil or human rights agencies, unremedied orders by such agencies or judicial proceedings or orders with respect to obligations under city, state or federal civil or human rights or antidiscrimination laws or executive orders affecting the Hotel, or other pending, actual or, to Seller’s knowledge, threatened litigation claims, charges, complaints, petitions or unsatisfied orders by or before any administrative agency or court which affect the Hotel or might become a lien on the Hotel (collectively, the “Pending Claims”).

  • Disputed Claims 4.1 Notwithstanding paragraph 4.5 of this Schedule, payment by the Authority of all or any part of any invoice rendered or other claim for payment by the Contractor shall not signify approval of such invoice/claim. The Authority reserves the right to verify invoices/claims after the date of payment and subsequently to recover any sums which have been overpaid.

  • Indemnity Claims A claim for indemnification for any matter not involving a third-party claim may be asserted by notice to the party from whom indemnification is sought.

  • Objections to Claims At the time of delivery of any Officer's -------------------- Certificate to the Escrow Agent, a duplicate copy of such certificate shall be delivered to the Shareholder Representative and for a period of thirty (30) days after such delivery, the Escrow Agent shall make no delivery to Parent of any Escrow Amounts pursuant to Section 7.2(d) hereof unless the Escrow Agent shall have received written authorization from the Shareholder Representative to make such delivery. After the expiration of such thirty (30) day period, the Escrow Agent shall make delivery of the Escrow Amount from the Escrow Fund in accordance with Section 7.2(d) hereof, provided that no such payment or delivery may be made if the Shareholder Representative shall object in a written statement to the claim made in the Officer's Certificate, and such statement shall have been delivered to the Escrow Agent prior to the expiration of such thirty (30) day period.

  • Released Claims In consideration of these additional benefits, you, on behalf of your heirs, spouse and assigns, hereby completely release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchase, or actual purchase of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

  • Claims and Legal Actions Except for any FCC rulemaking proceedings generally affecting the broadcasting industry, and except as set forth on Schedule 3.4, to the best of Seller's knowledge, there is no claim, legal action, counterclaim, nor any order, decree or judgment, in progress or pending, or to the knowledge of Seller threatened, against or relating to Seller with respect to its ownership or operation of the Station or otherwise relating to the Assets or the business or operations of the Station, nor does Seller know or have reason to be aware of any basis for the same. In particular, but without limiting the generality of the foregoing, and except as forth on Schedule 3.14, to the best of Seller's knowledge, there are no applications, complaints or proceedings pending or, to the best of its knowledge, threatened (i) before the FCC relating to the business or operations of the Station other than rule making proceedings which affect the radio industry generally, (ii) before any federal or state agency relating to the business or operations of the Station involving charges of illegal discrimination under any federal or state employment laws or regulations, or (iii) before any federal, state, or local agency relating to the business or operations of the Station involving zoning issues under any federal, state, or local zoning law, rule, or regulation.

  • Contested Claims In the event that the Indemnifying Party disputes the Claimed Amount, as soon as practicable but in no event later than ten (10) days after the receipt of the notice referenced in Section 10.2(b)(ii) hereof, the Parties will begin the process to resolve the matter in accordance with the dispute resolution provisions of Section 1.4 hereof. Upon ultimate resolution thereof, the Parties will take such actions as are reasonably necessary to comply with such agreement or instructions.

  • Claims and Litigation No pending or, to the Company's knowledge, threatened, claims, suits or other proceedings exist with respect to any Employee Benefit Plan other than normal benefit claims filed by participants or beneficiaries.

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