Active Claimant definition

Active Claimant means an Eligible Shareholder, except for Excluded Persons, who has taken an affirmative step to make a claim against a Releasee in connection with the Events, by:
Active Claimant means an Eligible Shareholder, except for Excluded Persons, who has taken an affirmative step to make a claim against a Releasee in connection with the Events, by: (a) participating in a Dutch or Belgian court action against a Releasee, including by having its name on a complaint, request to voluntarily intervene in pending proceedings (verzoek tot vrijwillige tussenkomst) or writ of summons, or intervene in criminal proceedings, such action to be initiated before 24 March 2017; or (b) having registered with or joined, before 31 December 2014, a Dutch or Belgian organisation, including the ACG, which has initiated a court action against a Releasee before 24 March 2017, to be proven by a written agreement, registration form or support letter to the Fortis litigation, or in as far as individuals (including pension or management BVs set up for the benefit of a single person) are concerned, by evidence of payment of a membership fee to such organisation, and such Eligible Shareholder is included in the list to be presented by the ACG, to the Claims Administrator. Any Eligible Shareholder presenting itself as a constituent of the ACG without being on a list mentioned in the previous sentence has to provide specific written information to the Claims Administrator evidencing that such Eligible Shareholder qualifies as an Active Claimant as meant in this sub (b). Any dispute in this respect will be decided by the Dispute Committee; or (c) a current institutional partner of an ACG, to be proven by evidence of a (former) membership of such ACG at least up to 31 December 2014 and payment of a membership fee to such ACG prior to this date, provided that Ageas must have been notified of such institutional partner prior to 14 March 2016 and the number of such institutional partners is limited to five (5) per ACG;

Examples of Active Claimant in a sentence

  • Neither Primark nor Ocado have elected (to date) to be an Active Claimant, but neither have they sought a stay.

  • Pursuant to the Active Claimant Agreement discussed above, all of the state court cases in which claims are currently pending against the Settling Parties will be dismissed within ten days of the filing of this motion.

  • The Tribunal is prepared to grant such stays: but on the terms that the Individual Claimant whose claim is stayed (i) agrees to be bound by any determination of common issues (including any appeals) as if an Active Claimant and (ii) agrees to provide such disclosure as the Tribunal may order.

  • To date, the Steinhoff global settlement proposal has received support from a substantial number of Contractual Claimants and Market Purchase Claimants, including four out of the six Active Claimant Groups (“ACGs”) and the Vereniging van Effectenbezitters (“VEB”).

Related to Active Claimant

  • Administrative Claim means a Claim for costs and expenses of administration of the Chapter 11 Cases pursuant to sections 503(b), 507(a)(2), 507(b), or 1114(e)(2) of the Bankruptcy Code, including: (a) the actual and necessary costs and expenses incurred on or after the Petition Date until and including the Effective Date of preserving the Estates and operating the Debtors’ businesses; (b) Allowed Professional Fee Claims; and (c) all payments afforded administrative expense treatment under the Backstop Agreement.

  • Allowed Administrative Claim means an Administrative Claim that is an Allowed Claim.

  • Administrative Claims Bar Date means the deadline for Filing requests for payment of Administrative Claims, which: (a) with respect to Administrative Claims other than Professional Fee Claims, shall be 30 days after the Effective Date; and (b) with respect to Professional Fee Claims, shall be 45 days after the Effective Date.

  • Administrative Claim Bar Date means the deadline for filing requests for payment of Administrative Claims, which shall be 30 days after the Effective Date.

  • Administrative Claims means (i) Claims that have been timely filed before the Administrative Claim Bar Date, pursuant to the deadline and procedure set forth in the Confirmation Order (except as otherwise provided by a separate order of the Bankruptcy Court), for costs and expenses of administration under sections 503(b), 507(b), or 1114(e)(2) of the Bankruptcy Code, including, without limitation: the actual and necessary costs and expenses incurred after the Petition Date of preserving the Estates and operating the businesses of the Debtors (such as wages, salaries, or commissions for services and payments for goods and other services and leased premises), (ii) Twenty Day Claims, and (iii) Claims timely asserted for stub rental payments under the Debtors’ leases. Any fees or charges assessed against the Estates 1 All capitalized terms not otherwise defined herein shall be subject to the definition of such capitalized terms in Article I.A. hereof. under section 1930 of chapter 123 of title 28 of the United States Code are excluded from the definition of Administrative Expense Claim and shall be paid in accordance with Article V.M of the Plan. Notwithstanding anything to the contrary herein, the filing of an Administrative Claim shall not be required in order to receive payment for any tax liability described in sections 503(b)(1)(B) and (C) in accordance with section 503(b)(1)(D) of the Bankruptcy Code.

  • Eligible Claimant means a person who:

  • Fee Claim means a Claim for Accrued Professional Compensation.

  • Claimant means a person who believes that he or she is being denied a benefit to which he or she is entitled hereunder.

  • General Administrative Claim means any Administrative Claim, including Cure Claims, other than a Professional Fee Claim.

  • Rejection Claim means a Claim arising from the rejection of an Executory Contract or Unexpired Lease pursuant to section 365 of the Bankruptcy Code.

  • Disallowed Claim means (a) a Claim, or any portion thereof, that has been disallowed by a Final Order or a settlement, (b) a Claim or any portion thereof that is Scheduled at zero or as contingent, disputed, or unliquidated and as to which a proof of claim bar date has been established but no proof of claim has been timely filed or deemed timely filed with the Bankruptcy Court pursuant to either the Bankruptcy Code or any Final Order of the Bankruptcy Court or otherwise deemed timely filed under applicable law, or (c) a Claim or any portion thereof that is not Scheduled and as to which a proof of claim bar date has been established but no proof of claim has been timely filed or deemed timely filed with the Bankruptcy Court pursuant to either the Bankruptcy Code or any Final Order of the Bankruptcy Court or otherwise deemed timely filed under applicable law.

  • Covered Claim means either a Provider Covered Claim or Customer Covered Claim.

  • Disputed Claim means any Claim that is not Allowed.

  • Priority Claim means a Claim that is entitled to priority in payment pursuant to section 507(a) of the Bankruptcy Code that is not an Administrative Claim or a Priority Tax Claim.

  • Contested Claim means any Tax, Indebtedness or other claim or liability (i) the validity or amount of which is being diligently contested in good faith, (ii) for which adequate reserve, or other appropriate provision, if any, as required in conformity with GAAP shall have been made, and (iii) with respect to which any right to execute upon or sell any assets of the Company or of any of its Subsidiaries has not matured or has been and continues to be effectively enjoined, superseded or stayed.

  • Employee Claims means any claims (including all fines, judgments, penalties, costs, litigation and/or arbitration expenses, attorneys’ fees and expenses, and costs of settlement with respect to any such claim) made by or in respect of an employee or potential hire of Manager against Manager and/or Lessee which are based on a violation or alleged violation of the Employment Laws or alleged contractual obligations.

  • Proof of Claim means a proof of Claim Filed against any of the Debtors in the Chapter 11 Cases.

  • Secured Claim means a Claim: (a) secured by a valid, perfected, and enforceable Lien on collateral to the extent of the value of such collateral, as determined in accordance with section 506(a) of the Bankruptcy Code or (b) subject to a valid right of setoff pursuant to section 553 of the Bankruptcy Code.

  • Urgent Care Claim means a claim for medical care or treatment where making a non-urgent care decision: (a) could seriously jeopardize the life or health of the claimant or the ability of the claimant to regain maximum function, as determined by an individual acting on behalf of the plan applying the judgment of a prudent layperson who possesses an average knowledge of health and medicine; or (b) in the opinion of a physician with knowledge of the claimant’s medical condition, would subject the claimant to severe pain that cannot be adequately managed without the care.

  • Allowed Claim means an Allowed Claim of the type described.

  • Allowed Secured Claim means all or that portion of a Secured Claim which is an Allowed Claim.

  • AWR Claim means any complaint or claim to a tribunal or court made by or on behalf of the Agency Worker against the Hirer and/or the Employment Business for any breach of the AWR;

  • Settled claim means the original tort claim resolved by a structured settlement.

  • Unsecured Claim means a Claim that is not an Administrative Claim, a Priority Tax Claim, a Priority Claim, or a Secured Claim.

  • Exculpated Claim means any claim related to any act or omission in connection with, relating to or arising out of the Debtors’ in or out-of-court restructuring efforts (including any and all actions associated with exploration and solicitation of financing/refinancing opportunities, sales or similar transactions, restructurings, the Chapter 11 Cases, formulation, preparation, dissemination, negotiation or filing of the Disclosure Statement or the Plan or any contract, instrument, release or other agreement or document created or entered into in connection with the Disclosure Statement or the Plan, the filing of the Chapter 11 Cases, the pursuit of confirmation of the Plan, the administration and implementation of the Plan, the issuance of the Series 2020 Note and the execution of 2020 Bond Documents, or the distribution of property under the Plan or any other related agreement; provided, however, that Exculpated Claims shall not include any act or omission that is determined in a Final Order to have constituted gross negligence, willful misconduct or fraud to the extent imposed by applicable non-bankruptcy law. For the avoidance of doubt, no Cause of Action, obligation or liability expressly established or preserved by the Plan or the Plan Supplement constitutes an Exculpated Claim.

  • Authorized Claimant means a Settlement Class Member who submits a Proof of Claim Form to the Claims Administrator that is approved by the Court for payment from the Net Settlement Fund.