Affirmative Claims definition

Affirmative Claims means the Debtor’s claims and causes of action against any person, party or entity. All such Affirmative Claims are preserved under the Plan, and include those that are set forth in the Disclosure Statement.
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Examples of Affirmative Claims in a sentence

  • Except as otherwise provided for in the Plan, as of the Effective Date, the Reorganized Debtor may operate its business and use, acquire and dispose of property and settle and compromise the Affirmative Claims and Avoidance Actions without the supervision of the Bankruptcy Court, free of any restrictions of the Bankruptcy Code or Bankruptcy Rules.

  • Additional Plan funding shall be obtained from proceeds of any post-Effective Date sales, disposition or use of the other assets of the Reorganized Debtor, including the proceeds of any Avoidance Actions or Affirmative Claims, and any funds generated from the Reorganized Debtor’s business, including the management and operation of Tvia China.

  • On the Effective Date, the Reorganized Debtor or the Liquidating Trustee shall be vested with the right to pursue the Avoidance Actions, the Affirmative Claims, and any other action that the Debtor may assert against a third party as of the Effective Date.

  • The Affirmative Claims as to which the Committee presently has sufficient information to provide a detailed description are described below, but the Reorganized Debtor or the Liquidating Trustee shall have the right to investigate and assert any and all potential Affirmative Claims whether or not now known to the Committee or the Company and whether or not they are described herein.

  • If the Liquidation Alternative occurs, all of the Debtor’s Assets will be transferred to the Liquidating Trust, including the Affirmative Claims, inventory, Cash and other personal property.

  • If any of the Affirmative Claims is litigated, there will also be associated expenses and risks, such as unsuccessful lawsuits or counter-claims.

  • The Committee believes that the Reorganized Debtor or the Liquidating Trustee will likely be more successful than a chapter 7 trustee in pursuing the Affirmative Claims.

  • This is because the Committee believes a chapter 7 trustee will not have the same background or experience with this case and the major issues, will have a harder time getting up to speed, and will consequently not be in as good a position to aggressively pursue the Affirmative Claims.

  • For Customers, the Terms of Use shall commence from the time the Registration Process is concluded and shall be valid until terminated as provided below or till the time the Account is maintained.

  • Other Affirmative Claims include without limitation: (1) potential claims against MediaTek USA Inc.

Related to Affirmative Claims

  • Administrative Claims means Claims that have been timely filed before the Administrative Claim Bar Date (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: (a) the actual and necessary costs and expenses incurred after the Petition Date of preserving the Estate and operating the business of the Debtor (such as wages, salaries or commissions for services and payments for goods and other services and leased premises); and (b) all fees and charges assessed against the Estate under chapter 123 of title 28 United States Code, 28 U.S.C. §§ 1911-1930, but excluding Professional Fee Claims.

  • 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.

  • Secured Claims means Claims held by “secured creditors” as defined in the CCAA, including Construction Lien Claims, to the extent of the Allocated Value of the Property securing such Claim, with the balance of the Claim being a Deficiency Claim, and amounts subject to section 6(6) of the CCAA;

  • 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; and (b) Allowed Professional Fee Claims.

  • Released Class Claims means the claims being released as described in Paragraph 5.2 below.