Barred Claim definition

Barred Claim has the meaning set out at Clause 6.2 (Bar Date);
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Barred Claim has the meaning specified in Section 10.04(b).
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Barred Claim means any claim, if any, however styled, whether for indemnification, contribution, or otherwise and whether arising under state, federal or common law, against the Defendants or other Released Parties (including claims asserted by Released Parties against other Released Parties) where the claim is or arises from a Released Claim and the alleged injury to such Person arises from
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Examples of Barred Claim in a sentence

  • Defendant hereby waives, dismisses and releases, and shall not assert, any Barred Claim (as defined in the Plan) against any of the Released Parties (as defined in the Plan).

  • The Consultant may be asked to conduct a public information program that addresses the scope and objective of the project.

  • If the court or tribunal so determines, it shall reduce such Judgment against such Barred Person in an amount equal to (a) the amount of the Judgment against any such Barred Person times (b) the aggregate proportionate share of fault (expressed as a percentage) of the Released Party or Parties that would have been liable on a Barred Claim in the absence of this Bar Order.

  • Any CVA Claim which is not an Allowed Claim or a Barred Claim shall be treated as a Disputed Claim.10.1.2 Disputes in relation to CVA Claims or purported CVA Claims shall be determined in accordance with the Dispute Resolution Procedure.

  • If any term of this Bar Order is held to be unenforceable after the date of entry, such provision shall be substituted with such other provision as may be necessary to afford all 21 Released Parties the fullest protection permitted by law from any Barred Claim.

  • To the extent that the law held applicable to this Settlement or to any Barred Claim requires a different or greater credit to the Barred Person in order to give full and complete effect to the bar order in paragraph 11, such different or greater credit shall be applied to any judgment against the Barred Person.

  • The I-66 TMP funds will supplement the cost of the additional PSTOC operators in order to meet the increased demand in monitoring and coordination during the construction of the project.Dedicated Wrecker ServicePrompt clearance of disabled or wrecked vehicles is crucial in continuing and maintaining traffic flow in the construction zone.

  • RANKING OF CVA CLAIMS11.1 The Administrators shall determine whether any claim shall rank as a Secured Liability, a Preferential Liability or a Post-Insolvency Cost.11.2 The Supervisors shall determine whether or not each Allowed Claim (other than a Barred Claim) is one or more of:11.2.1 a Local Priority Claim;11.2.2 a Provable Claim;11.2.3 a Non-Provable Claim;11.2.4 a Main Proceeding Subordinated Claim; or11.2.5 a Local Proceeding Subordinated Claim.

  • To the extent (but only to the extent) that the release by Xxxxxx "Xxxx" Xxxx, III of any Claim contained in this paragraph would be legally invalid unless approved by the bankruptcy court currently presiding over the pending bankruptcy case of Xxxxxx "Xxxx" Xxxx (a "Section 5.2.1 Barred Claim"), then the release in this paragraph shall not operate to release such Section 5.

  • To the extent (but only to the extent) that the release by Xxxxxx "Xxxx" Xxxx, III of any Claim contained in this paragraph would be legally invalid unless approved by the bankruptcy court currently presiding over the pending bankruptcy case of Xxxxxx "Xxxx" Xxxx (a "Section 5.1.1 Barred Claim"), then the release in this paragraph shall not operate to release such Section 5.


More Definitions of Barred Claim

Barred Claim means any claim, if any, however styled, whether for indemnification, contribution, or otherwise and whether arising under state, federal or common law, against the Defendants or other Released Parties
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Barred Claim has the meaning set forth in Section 5.3 hereof.
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Barred Claim means any claim, if any, however styled, whether for 24 indemnification, contribution, or otherwise and whether arising under state, 25 federal or common law, against the Settling Defendants or Released Parties 26 (including claims asserted by Released Parties against other Released Parties) where the claim is or arises from a Settled Claim and the alleged injury to such 1 Person arises from that Person’s alleged liability to the Settlement Class or any 2 Settlement Class Member, including any claim in which a Person seeks to 3 recover from any of the Released Parties (i) any amounts such person or entity has or might become liable to pay to the Settlement Class or any Settlement 6 Class Member and/or (ii) any costs, expenses, or attorneys’ fees from 7 defending any claim by the Settlement Class or any Settlement Class Member.
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Barred Claim means any claim, if any, however styled, whether for 18 indemnification, contribution, or otherwise and whether arising under state, 19 federal or common law, against the Settling Defendant or Released Parties 20 where the claim is or arises from a Settled Claim and the alleged injury to such 21 Person arises from that Person’s alleged liability to the Settlement Class or any 22 Settlement Class Member, including any claim in which a Person seeks to 23 recover from any of the Released Parties (i) any amounts such person or entity 25 has or might become liable to pay to the Settlement Class or any Settlement 26 Class Member and/or (ii) any costs, expenses, or attorneys’ fees from 27 defending any claim by the Settlement Class or any Settlement Class Member.
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Related to Barred Claim

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

  • Preferred claim means a claim with respect to which the terms of this chapter accord priority of payment from the general assets of the insurer.

  • Insured Claim means any Claim arising from an incident or occurrence alleged to have occurred prior to the Effective Date that is covered under an insurance policy applicable to the Debtors or their businesses.

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

  • Unresolved Claim means a Claim, which at the relevant time, in whole or in part: (a) has not been Finally Determined to be a Proven Claim in accordance with the Amended Claims Procedure Order and this Plan; (b) is validly disputed in accordance with the Amended Claims Procedure Order; and/or (c) remains subject to review and for which a Notice of Allowance or Notice of Revision or Disallowance (each as defined in the Amended Claims Procedure Order) has not been issued to the Creditor in accordance with the Amended Claims Procedure Order as at the date of this Plan, in each of the foregoing clauses, including both as to proof and/or quantum;

  • Released Claim means the matters that are subject to release and discharge pursuant to ARTICLE 10 hereof;

  • Disputed Claim means any Claim that is not Allowed.

  • Covered Claims Claim" means any claim, dispute or controversy between you and us that in any way arises from or relates to this Agreement, the Account, the issuance of any Card, any rewards program, any prior agreement or account. "Claim" includes disputes arising from actions or omissions prior to the date any Card was issued to you, including the advertising related to, application for or approval of the Account. "Claim" has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). "Claim" does not include disputes about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the prohibition against class proceedings, private attorney general proceedings and/or multiple party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the last sentence of Paragraph C.13 and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.

  • Incurred claims means total claims paid during the experience period, adjusted for the change in claim reserve. (7-1-93)

  • Settled Claims means any and all of the claims, debts, demands, rights, actions, causes of action, suits, matters, issues, damages, losses or liabilities whatsoever (including, but not limited to, any claims for interest, attorneys’ fees, expert or consulting fees, and any other costs, expenses or liability whatsoever), whether based on United States or Canadian federal, state, provincial, local, statutory or common law or any other law, rule or regulation, whether fixed or contingent, accrued or unaccrued, liquidated or unliquidated, at law or in equity, matured or unmatured, whether class or individual in nature, including both known claims and Unknown Claims, (i) that have been asserted (or proposed as amendments) in any of the Actions against any of the Released Parties, or (ii) that could have been asserted in any forum by the Class Members or any of them against any of the Released Parties which arise out of or are based upon the allegations, transactions, facts, matters, breaches, occurrences, financial statements, statements, representations or omissions involved, set forth, or referred to in the Actions or in proposed amendments.

  • 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.

  • 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.

  • 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.

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

  • Fraud Claim means any claim based in whole or in part upon fraud, willful misconduct or intentional misrepresentation.

  • Unimpaired Claim means a Claim that is not impaired within the meaning of section 1124 of the Bankruptcy Code.

  • Tax Claim has the meaning set forth in Section 6.05.

  • Unresolved Claims has the meaning set forth in Section 7.6(c).

  • 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;

  • Insured Claims means those Liabilities that, individually or in the aggregate, are covered within the terms and conditions of any of the Company Policies, whether or not subject to deductibles, co-insurance, uncollectability or retrospectively-rated premium adjustments, but only to the extent that such Liabilities are within applicable Company Policy limits, including aggregates.

  • Approved Claim means a Claim Form submitted by a Settlement Class Member that: (a) is submitted timely and in accordance with the directions on the Claim Form and the provisions of the Settlement Agreement; (b) is fully and truthfully completed by a Settlement Class Member with all of the information requested in the Claim Form; (c) is signed by the Settlement Class Member, physically or electronically; and (d) is approved by the Settlement Administrator pursuant to the provisions of this Agreement.

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

  • Released Claims means all Released Defendants’ Claims and all Released Plaintiffs’ Claims.

  • Payment Claim means the claim for payment made by the Contractor in accordance with this Contract.

  • 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.

  • Expected Claim Notice means a notice that, as a result of a legal proceeding instituted by or written claim made by a third party, an Indemnified Party reasonably expects to incur Damages for which it is entitled to indemnification under Article VI.