Acquired Claims definition

Acquired Claims means Causes of Action (a) (i) for the collection, possession or recovery of any of the Acquired Assets, (ii) relating to the title to, or right to use or possess, any of the Acquired Assets, (iii) affecting the value of any of the Acquired Assets (or the right to use

Split View

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Get StartedBook a Demo

Acquired Claims shall have the meaning specified within the definition of “Acquired Assets”.

Acquired Claims means Causes of Action (a) (i) for the collection, possession or recovery of any of the Acquired Assets, (ii) relating to the title to, or right to use or possess, any of the Acquired Assets, (iii) affecting the value of any of the Acquired Assets (or the right to use thereof), (iv) based on any warranty (whether a manufacturer’s, service, or other warranty) relating to any of the Acquired Assets, (v) for damages to or loss of any of the Acquired Assets (excluding business-interruption insurance claims), (vi) to recover the proceeds of insurance, indemnity, or contribution relating to or deriving from any of the Acquired Assets, (vii) against any Acquired Entity, and (viii) relating to the Employee Retention Tax Credit (other than the Retained Employee Retention Tax Credit); (b) against unaffiliated, arms-length, third-parties that are parties to Assumed/Assigned Contracts and Leases; (c) against credit-card merchants that agree to waive as of the Effective Date, any and all Claims against the Debtors; and (d) against trade vendors that the Purchaser, Debtors, and Committee mutually agree upon and identify in the Plan Supplement as important to Purchaser’s ability to operate effectively; provided, such trade vendors are not counterparties to executory contracts or unexpired leases with any of the Debtors, and provided, if the Debtors, the Purchaser, and the Committee cannot mutually agree on a particular trade vendor, that vendor shall not be added to the list to be provided in the Plan Supplement. Trade vendors identified on the Plan Supplement shall be deemed to have waived any and all Claims and Causes of Action against the Debtors and the Liquidating Trust, without further Order of the Bankruptcy Court, as of the Effective Date. Notwithstanding anything above, Acquired Claims DO NOT include the following, which are Excluded Assets, (a) Causes of Action of the Non- Acquired Entities against the Debtors, either directly or through the acquisition of the Intercompany Interests or (b) Causes of Action, both owned by or against the Debtors and/or the Debtors’ Affiliates, including Causes of Action (i) asserted in or related to the Seacret Litigation, including Causes of Action against any current or potential defendant in the Seacret Litigation, including without limitation, any Claims or Causes of Action for damaging the Debtors’ corporate names, trademarks, tradenames, business representation or goodwill prior to the Effective Date;

Examples of Acquired Claims in a sentence

• The Purchaser shall not sell, transfer, assign, option or otherwise dispose of or alienate all or any part of its rights, interests or obligations under this Agreement or in the Property, the Property Data or any After Acquired Claims to any Affiliate of the Purchaser or other third party without such Affiliate or other third party agreeing in writing to be bound by the terms hereof.

• Nothing herein shall be deemed a representation that any of the Acquired Claims contains a discovery of valuable minerals.

• The Settling Parties to this Settlement Agreement expressly agree and confirm that the Released Claims as set forth in the provisions of Section II(B) constitute a full and final release of the Settling Defendant’s Released Parties by the Releasing Parties of the Released Claims, and of the Predecessor Owner(s) solely with respect to Acquired Claims by the Releasing Parties.

• Negor will comply with all laws and regulations relating to the Acquired Claims.

• Negor has no liabilities relating to or affecting the Acquired Claims which are not adequately presented or reserved against those balance sheets included in the Financial Statements.

More Definitions of Acquired Claims

Acquired Claims has the meaning set forth in Section 2.1(j).

Acquired Claims has the meaning assigned in Section 6.1; “Acquiring Party” has the meaning assigned in Section 6.1; “Area of Interest” has the meaning assigned in Section 6.1;

Acquired Claims. The mining claims of Negor to be acquired by the Mining Company pursuant to the provisions of this Agreement and all other assets, properties and interests of Negor, tangible or intangible (including contractual, warranty, and other rights), the use or value of which is inextricably related to or connected with to those mining claims, or which relate to or result from transactions of Negor involving those mining claims, including, but not limited to, the ECC (as that term is defined by the provisions of Section 1.13 of this Agreement) and the MPSA (as that term is defined by the provisions of Section 1.17 of this Agreement)

Acquired Claims the meaning set forth in Section 1.1(g). Acquired Contracts: the meaning set forth in Section 1.1(e). Acquired Goodwill: the meaning set forth in Section 1.1(i). Acquired Information Technology: the meaning set forth in Section 1.1(l). Acquired Intellectual Property: the meaning set forth in Section 1.1(d). Action: any action, suit, arbitration, claim, inquiry, proceeding or investigation by or before any Governmental Entity of any nature, civil, criminal, regulatory or otherwise, at law or in equity.

Acquired Claims has the meaning set forth in Section 2.01(ix).

Acquired Claims has the meaning given to in clause 3.1;

Acquired Claims has the meaning set forth in Section 5.3(a).