Barred Claims definition
Barred Claims means claims for contribution or indemnity (whether contractual or otherwise), however denominated, arising out of, based upon or related to the claims and allegations asserted in the Litigation (or any other claims where the alleged injury to the entity/individual is the entity’s/individual’s actual or threatened liability to any Settlement Class Member), whether arising
Barred Claims means: any and all claims, actions, lawsuits, causes of action, investigations, demands, complaints, cross claims, counter claims, or third party claims or proceedings of any nature, including, but not limited to, litigation, arbitration, or other proceedings, in any federal or state court, or in any other court, arbitration forum, administrative agency, or other forum in the United States, Canada, or elsewhere, whether arising under local, state, federal, or foreign law, that in any way relate to, are based upon, arise from, or are connected with: (i) claims released in the Settlement Agreement; (ii) the events or occurrences underlying the claims or allegations in the SEC Action, or claims or allegations that could have been brought in the SEC Action;
Barred Claims means any and all claims, demands, rights, causes of action or liabilities, of every nature and description whatsoever, whether based in law or equity, on federal, state, local, statutory or common law, or any other law, rule or regulation, including both known claims and Unknown Claims, that have been or could have been asserted in any forum by the Class Members, or any of them, or the successors or assigns of any of them, whether directly, indirectly, representatively or in any other capacity, against any of the Released Parties, which arise out of, or relate in any way, directly or indirectly, to, or could have been asserted based upon, the allegations, transactions, facts, events, matters, occurrences, acts, representations or omissions involved in, set forth in, referred to, or which relate directly or indirectly to the Litigation, including, without limitation, claims for negligence, gross negligence, breach of duty of care, breach of duty of loyalty, breach of duty of candor, fraud, negligent misrepresentation, or breach of fiduciary duty, or based upon or related in any way to the purchase or acquisition of Procom securities.
Examples of Barred Claims in a sentence
If a court or tribunal determines that Barred Claims exist that would have given rise to liability of any of the Lender Releasees to a Non-Settling Party but for this Order, the Non-Settling Party is also entitled to the judgment reduction provisions set forth herein.
If a court or tribunal determines that Barred Claims exist that would have given rise to liability of any such Party to a Non-Settling Party but for this Order, the Non-Settling Party is also entitled to the Judgment Reduction (as defined below) provisions set forth herein.
All Barred Claims are hereby extinguished, discharged, satisfied, and 18 unenforceable.
Such court or tribunal shall determine whether the Action gives rise to Barred Claims on which any Party would have been liable to the Non-Settling Party in the absence of this Bar Order.
Such court or tribunal shall determine whether the Action gives rise to Barred Claims on which the Lender Releasees would have been liable to the Non-Settling Party in the absence of this Bar Order.
More Definitions of Barred Claims
Barred Claims means any claim, if any, however styled, whether for
Barred Claims any and all claims, actions, lawsuits, causes of action, investigation, demand, complaint, cross-claims, counterclaims, or third-party claims or proceeding of any nature, including, but not limited to, litigation, arbitration, or other proceeding, in any federal or state court, or in any other court, arbitration forum, administrative agency, or other forum in the United States, Canada or elsewhere, whether arising under local, state, federal or foreign law; that in any way relate to, are based upon, arise from, or are connected with the released claims or interests of any kind as set forth in the Settlement Agreement, with the Receivership Entities, the investments made in the eight limited partnerships, the accounts at ▇▇▇▇▇▇▇ ▇▇▇▇▇ over which ▇▇▇▇▇ ▇▇▇▇▇▇ had signature authority or that were maintained in connection with the Receivership entities, including but not limited to those events, transactions and circumstances alleged in the SEC Action, the Receiver’s Action and the Investor Actions;
Barred Claims means claims for contribution or indemnity (whether contractual or otherwise), however denominated, arising out of, based upon or related to the claims and allegations asserted in the Action (or any other claims where the alleged injury to the entity/individual is the entity’s/individual’s actual or threatened liability to any Settlement Class Member), whether arising under state, federal or foreign law as claims, cross-claims, counterclaims, or third-party claims, whether asserted in this Court, in any federal or state court, or in any other court, arbitration proceeding, administrative agency, or other forum in the United States or elsewhere, and whether such claims are legal or equitable, known or unknown, foreseen or unforeseen, matured or discharged, satisfied and unenforceable.
Barred Claims means any claim, if any, however styled, whether for indemnification, contribution, or otherwise and whether arising under state, federal or common law, against the Released Persons (including claims asserted by Released Persons against other Released Persons) where the claim is or arises from a Released Claim and the alleged injury to such Person arises from that Person’s alleged liability to the Class or any Class Member, including any claim in which a Person seeks to recover from any of the Released Persons (i) any amounts such person or entity has or might become liable to pay to the Class or any Class Member and/or
Barred Claims means (i) claims and claims over for contribution or indemnity (or any other claim or claim over for contribution or indemnity however denominated on whatsoever theory), arising out of or related to the claims or allegations asserted by Settling Plaintiffs in the Action, or (ii) any other claim of any type, whether arising under state, federal, common, or foreign law, for which the injury claimed is that person’s or entity’s actual or threatened liability to Settling Plaintiffs and/or Settlement Class Members arising out of or related to the claims or allegations asserted by Settling Plaintiffs in the Action; provided, however, that Barred Claims shall not include, and nothing in the Bar Order shall release or alter, the contractual rights, if any, between Commerz, on the one hand, and MF Global, on the other
Barred Claims means (a) claims asserted or that could have been or could be asserted by Aon, or Aon’s past, present, or future parent companies, subsidiaries, affiliates, divisions, joint ventures, members, successors, assigns, representatives, attorneys, agents, insurers, reinsurers, shareholders, officers, directors, managers, employees or partners, against the Centerra Defendants and Ricci for indemnification and/or contribution, however denominated (including contractual indemnity claims), and/or third-party claims of any type whether common law, statutory, or contractual, and regardless of the allegations, facts, law, theories, or principles, that arise from or relate in any way to the Released Claims and the claims and allegations in this Class Action, or (b) claims asserted or that could have been or could be asserted by the Centerra Defendants and Ricci, including the Centerra Defendants’ past, present, or future parent companies, subsidiaries, affiliates, divisions, joint ventures, members, successors, assigns, representatives, attorneys, agents, insurers, reinsurers, shareholders, officers, directors, managers, employees or partners, against Aon (including Aon’s past, present, or future parent companies, subsidiaries, affiliates, divisions, joint ventures, members, assigns, representatives, attorneys, agents, insurers, reinsurers, shareholders, officers, directors, managers, employees or partners) for indemnification and/or contribution, however denominated (including contractual indemnity claims), and/or third-party claims of any type whether common law, statutory, or contractual, and regardless of the allegations, facts, law, theories, or principles, that arise from or relate in any way to the Released Claims, or the claims and allegations in this Class Action.
Barred Claims means (a) claims asserted or that could have been or could be asserted by Aon, or Aon’s past, present, or future parent companies, subsidiaries, affiliates, divisions, joint ventures, members, successors, assigns, representatives, attorneys, agents, insurers, reinsurers, shareholders, officers, directors, managers, employees or partners, against the Centerra Defendants and ▇▇▇▇▇ for indemnification and/or contribution, however denominated (including contractual indemnity claims), and/or third-party claims of any type whether common law, statutory, or contractual, and regardless of the allegations, facts, law, theories, or principles, that arise from or relate in any way to the Released Claims and the claims and allegations in this Class Action, or (b) claims asserted or that could have been or could be asserted by the Centerra Defendants and Ricci, including the Centerra Defendants’ past, present, or future parent companies, subsidiaries, affiliates, divisions, joint ventures, members, successors, assigns, representatives, attorneys, agents, insurers, reinsurers, shareholders, officers, directors, managers, employees or partners, against Aon (including Aon’s past, present, or future parent companies, subsidiaries, affiliates, divisions, joint ventures, members, assigns, representatives, attorneys, agents, insurers, reinsurers, shareholders, officers, directors, managers, employees or partners) for indemnification and/or contribution, however denominated (including contractual indemnity claims), and/or third-party claims of any type whether common law, statutory, or contractual, and regardless of the allegations, facts, law, theories, or principles, that arise from or relate in any way to the Released Claims, or the claims and allegations in this Class Action.