Unliquidated Claims. If the relevant obligation or liability is unliquidated or unascertained, the Finance Party may set-off the amount which it estimates (in good faith) will be the final amount of that obligation or liability once it becomes liquidated or ascertained.
Unliquidated Claims. If, at any time after notice demanding payment of any sum which is then due but unpaid in respect of the Secured Obligations has been given by the Security Agent to the Chargor, the relevant obligation or liability is unliquidated or unascertained, the Security Agent may set-off the amount which it estimates (in good faith) will be the final amount of that obligation or liability once it becomes liquidated or ascertained.
Unliquidated Claims. If, at any time upon or after the occurrence of an Acceleration Event which is continuing, the relevant obligation or liability is unliquidated or unascertained, the Secured Party may set-off the amount which it estimates (in good faith) will be the final amount of that obligation or liability once it becomes liquidated or ascertained.
Unliquidated Claims. If the relevant obligation or liability is unliquidated or unascertained, the Lender may set off the amount which it estimates (in good faith) will be the final amount of that obligation or liability once it becomes liquidated or ascertained.
Unliquidated Claims. Where the underlying claim has not been liquidated, the set-off amount shall be either (a) the Unliquidated Trust Payment, or (b) the Trust's pro rata --- ---- share of the judgment, as provided by applicable law.
Unliquidated Claims. Although not explicitly stated in the Dutch Bankruptcy Code,70 the amount for which unliquidated claims can be admitted must be calculated at their present value at the date of the commencement of bankruptcy proceedings. This rule follows from the fixation principle and has been accepted in case law. As discussed above, an exception to this rule applies in the event that the unliquidated claim also (p. 350) qualifies as an unmatured claim which matures twelve months after the date that the LBT’s bankruptcy proceedings commenced.71
Unliquidated Claims. Any indemnity claim which has not been liquidated or is not capable of specific determination as of the Adjustment Date is an Unliquidated Claim. If the Unliquidated Claim has not been reserved for on the consolidated financial statements of CMD and the Surviving Corporation, the then current management of CMD shall make a good faith determination, based on generally accepted accounting principles and the advice of its independent auditors whether the item or event which is the basis of the Unliquidated Claim is one which must be reserved for on the consolidated financial statements and if so, the amount of the required reserve. That amount, or if the Unliquidated Claim has already been reserved for on the consolidated financial statements of CMD and the Surviving Corporation, the amount of the reserve, shall be used as the amount of the Unliquidated Claim for purposes of Section 17.6. If the Unliquidated Claim is not one which must be reserved for on the consolidated financial statements, the amount shall be determined pursuant to the provisions of Sections 17.2, 17.4 and 17.5. Except for determining the amount of an Unliquidated Claim which must be reserved for on the consolidated financial statements for purposes of Section 17.6, the provisions of Sections 17.2, 17.4 and 17.5 shall apply to Unliquidated Claims.
Unliquidated Claims. If a General Indemnified Loss arises out of a claim asserted by a third party, the parties shall not be required to resolve the amount of such General Indemnified Loss until the final resolution of such third party claim. To the extent the amount of any General Indemnified Claims not withdrawn by Lifecodes (including such third party claims) are not resolved pursuant to this Section 3 on the Second General Distribution Date, the Escrow Agent shall retain the amount of the General Indemnified Claims that are claimed by Lifecodes in the applicable Claim Notices.
Unliquidated Claims. If a Tax Indemnified Loss arises out of a claim asserted by a third party, the parties shall not be required to resolve the amount of such Tax Indemnified Loss until the final resolution of such third party claim. To the extent the amount of any Tax Indemnified Claims not withdrawn by Lifecodes (including such third party claims) are not resolved pursuant to this Section 4 on the Tax Distribution Date, the Escrow Agent shall retain the amount of the Tax Indemnified Claims that are claimed by Lifecodes in the applicable Claim Notices.
Unliquidated Claims. If a claim for indemnification arises out of, or is based on, a claim or right asserted by a third party, the parties shall not be required to resolve the amount of such loss until such third party claim is resolved whether by judicial decision or otherwise, and all appeals have been exhausted or the time for filing such appeals shall have expired.
