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; (iii) theevents or occurrences underlying the claims or allegations in the Receiver Action, or claims or allegations that could have been brought in the Receiver Action; (iv) the events or occurrences underlying the claims or allegations in the Receiver Sales Agent Action, or claims or allegations that could have been brought in the Receiver Sales AgentAction; (v) the events or occurrences underlying the claims or allegations in the Investor Action, or claims or allegations that could have been brought in the Investor Action; or (vi) the Attorneys’ Activities. The foregoing specifically includes any claim, however denominated, seeking contribution, indemnity, damages, or other remedy where the alleged injury to any person, entity, or other party, or the claim asserted by any person, entity, or other party, is based upon any of the Barred Claims whether pursuant to a demand, judgment, claim, agreement, settlement, or otherwise;
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, 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
Barred Claims will not rank for distributions under the CVA unless the Administrators and Supervisors determine that there will be sufficient Assets to make a distribution in respect of admitted Barred Claims pursuant to Clause 14 (Barred Claims).
To be clear, nothing in the Bar Order precludes the rights of any Barred Person to assert claims, other than Barred Claims, against any Released Party.
It is the position of the Company’s management that the Statute -Barred Claims cannot be enforced by the creditors, do not create any obligation for the Company to pay out any cash, and do not affect the financial or working capital position of the Company.
The Statute -Barred Claims are required to be reflected on the Company’s Consolidated Statement of Financial Position as a result of the current interpretation of IFRS, but they are classified as long-term liabilities since the Company has no intention to pay this Statute - Barred Claims and the creditors cannot enforce their payment.
The term “Bar Order” means those provisions within the Approval Order, effective as of the date the Trust receives the Settlement Amount, barring, estopping, and permanently enjoining all Persons from asserting any Barred Claims against the LMI/Interstate Entities.
More Definitions of Barred Claims
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 Xxxxxxx Xxxxx over which Xxxxx Xxxxxx 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 any claim, if any, however styled, whether for
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 or unsatisfied, and/or enforceable or unenforceable.
Barred Claims any and all known or unknown actions, causes of action, suits, claims, counterclaims, third-party claims, or any proceeding of any nature, including, but not limited to, litigation, arbitration, or other proceeding, in any state or federal court, or in any other court, arbitration forum, administrative agency, or other forum in the United States or elsewhere, whether arising under local, state, federal or foreign law that in any way arises out of, relates to, is based upon, and/or connected with the Released Claims, any claim that was asserted, or that could have been asserted, in the Action or the Interpleader Action, or that is in any way related to the transactions and circumstances alleged in those actions, any agreements and/or promissory notes between CAG and Diversified, and/or any agreements and/or promissory notes between CAG and Sonoqui. Nothing herein shall in any way bar or limit Xxxxxxx’ ability to raise all arguments and defenses related to the Released Claims and/or Barred Claims in any action or proceeding brought by any regulator, or governmental agency in the United States or elsewhere.
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 Xxxxx 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 (i) claims and claims over for contribution or indemnity (or any other claim or claim over for contribution or indemnity however denominated
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 from or related to the claims or allegations asserted by Lead 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 Lead Plaintiffs, Settlement Class Members and/or persons and entities who or which, but for their exclusion from the Settlement Class pursuant to request, would be