SMARTALK CLAIM Sample Clauses

SMARTALK CLAIM. Notwithstanding anything to the contrary in this Agreement or any other Loan Document (as defined in the Loan Agreement), the Debtor is expressly authorized hereby, so long as Debtor is not in default under this Security Agreement, to retain full and complete control over the assertion, prosecution, negotiation, settlement, compromise, release or other disposition, whether or not in exchange for consideration, of any and all claims that it now holds or hereafter may hold against SmarTalk TeleService, Inc. or any of the other debtors in the jointly administered cases presently pending in the Bankruptcy Court for the District of Delaware, captioned "In re WorldWide Direct, Inc., et al.," Case Nos. 99-108 to 99-127, whether or not any such claim is evidenced by one or more proofs of claim filed with the Bankruptcy Court at any time, (collectively referred to herein as the "SmarTalk Claim"), and including without limitation the right to retain and pay reasonable compensation to counsel and to incur such other reasonable expenses in connection with the foregoing as may be necessary. Upon request of Debtor in connection with any disposition of the claim or claims referred to in the preceding sentence, or of any portion of such claims, so long as Debtor is not in default under this Security Agreement, Secured Party shall execute such documents and instruments as may be reasonably be required to evidence its consent thereto, all without the payment of any other consideration to Secured Party therefor. Debtor acknowledges and agrees that all of the rights and authority conferred upon in the preceding sentences are subject to Secured Party's security interest in and lien upon all such claims and proceeds, if any, therefrom.
View Source

Related to SMARTALK CLAIM

  • Litigation; Claims Any rights (including indemnification) and claims and recoveries under litigation of Seller against third parties attributable to the period on or prior to the Closing except to the extent relating to the Assumed Liabilities;

  • Submitting False Claims The full text of San Francisco Administrative Code Chapter 21, Section 21.35, including the enforcement and penalty provisions, is incorporated into this Agreement. Pursuant to San Francisco Administrative Code §21.35, any contractor or subcontractor who submits a false claim shall be liable to the City for the statutory penalties set forth in that section. A contractor or subcontractor will be deemed to have submitted a false claim to the City if the contractor or subcontractor: (a) knowingly presents or causes to be presented to an officer or employee of the City a false claim or request for payment or approval;

  • False Claim The City reserves the right to recoup benefit payments to any employee who is guilty of submitting a false claim, or abuse of the privileges covered in this section, or working for another employer while on injury leave, and may take disciplinary action.

  • Product Claims The parties acknowledge that NCR Voyix, not Apple, is responsible for addressing any claims you or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (a) product liability claims; (b) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

  • Third Party Claim A Claim where there is (a) a claim, demand, suit or action by a person who is not a Party, (b) a settlement with, judgment by, or liability to, a person who is not a Party, or (c) a fine or penalty imposed by a person who is not a Party.