Chinese Drywall Claims definition

Chinese Drywall Claims means prepetition Claims against the Plan Debtors related to alleged damages from defective drywall manufactured in China.
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Examples of Chinese Drywall Claims in a sentence

  • The Court finds that the indemnity, defense and judgment reduction provisions in Sections 5.2.4 and 5.2.5 of the L&W Settlement are valid, binding, and enforceable; and therefore, the Court bars the assertion by any entity or person against USG and L&W of any contribution, indemnification, subrogation, or other claims arising out of (i) the Participating L&W Class Members’ L&W Supplied KPT Chinese Drywall Claims or (ii) this Settlement.

  • The parties anticipate that Sundance will receive proceeds from the settlement of the Chinese Drywall Claims in the approximate amount of $500,000.00 (the “Chinese Drywall Settlement Proceeds”).

  • To seek to ensure substantially equivalent treatment of all Chinese Drywall Claims, the Trustee must determine from time to time the percentage of full liquidated value that holders of Chinese Drywall Claims shall be likely to receive, i.e., the “Payment Percentage” described in Sections 2.3 and 4.2.4.2 Computation of Payment Percentage.

  • The Trustee shall have discretion regarding the amount of transaction costs to be expended by the Chinese Drywall Trust so that valid Chinese Drywall Claims are not unduly further impaired by the costs of additional investigation.

  • The Chinese Drywall Trust may, from time to time, create funds, accounts and reserves within the Chinese Drywall Trust estate as the Trustee may deem necessary, prudent, or useful in order to provide for the payment of Chinese Drywall Trust Expenses and Chinese Drywall Claims and may, with respect to any other fund, account or reserve, restrict the use of monies therein.

  • Rachel Slajda, “Knauf Settles Chinese Drywall Claims for up to $1B,” Law360, December 15, 2011.http://www.law360.com/articles/293886/knauf-settles-chinese-drywall-claims-for-up-to-1b.

  • Any disputes that arise under this Chinese Drywall Trust Declaration or under the TDP among the parties hereto, other than the liquidation of Chinese Drywall Claims, shall be resolved by submission of the matter to mediation with a mediator mutually agreeable to the parties involved.

  • The Injunction Provision in the Plan also includes language related to the Chinese Drywall Claims as follows:Further, on the Effective Date, pursuant to section 105(a) of the Bankruptcy Code, all Persons shall be permanently and forever stayed, restrained and enjoined from taking any of the following actions against or affecting the New WCI Group or its Affiliates, the Debtors or their Affiliates .

  • Consequently, there is inherent uncertainty regarding the amounts that holders of allowed Chinese Drywall Claims shall receive.

  • Pursuant to the Plan and the Chinese Drywall Trust Declaration, the Chinese Drywall Trust and this TDP shall be administered by the Trustee in consultation with the Board, which represents the interests of holders of Chinese Drywall Claims.

Related to Chinese Drywall Claims

  • Approved Claims means complete and timely claims, submitted by Settlement Class Members, that have been approved for payment by the Settlement Administrator.

  • Particulate matter emissions (PM) means the mass of any particulate material from the vehicle exhaust quantified according to the dilution, sampling and measurement methods as specified in this UN GTR.

  • Fugitive emissions means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

  • Unknown Claims means any Released Plaintiffs’ Claims which any Lead Plaintiff or any other Settlement Class Member does not know or suspect to exist in his, her or its favor at the time of the release of such claims, and any Released Defendants’ Claims which any Defendant or any other Defendants’ Releasee does not know or suspect to exist in his, her, or its favor at the time of the release of such claims, which, if known by him, her or it, might have affected his, her or its decision(s) with respect to this Settlement. With respect to any and all Released Claims, the Parties stipulate and agree that, upon the Effective Date of the Settlement, Lead Plaintiffs and Defendants shall expressly waive, and each of the other Settlement Class Members and each of the other Defendants’ Releasees shall be deemed to have waived, and by operation of the Judgment or the Alternate Judgment, if applicable, shall have expressly waived, any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common law or foreign law, which is similar, comparable, or equivalent to California Civil Code §1542, which provides:

  • Underground injection means the subsurface emplacement of fluids through a bored, drilled or driven well; or through a dug well, where the depth of the dug well is greater than the largest surface dimension. (See also “injection well”.)

  • PM10 emissions means PM10 emitted to the ambient air as measured by an applicable reference method, or an equivalent or alternate method, specified in 40 CFR Part 51, Appendix M as of December 8, 1984, or by a test method specified in these regulations or any supplement thereto.

  • Electrostatic spray means a method of applying a spray coating in which opposite electric charges are applied to the substrate and the coating. The coating is attracted to the substrate by the electrostatic potential between them.

  • Dynamic driving task means the same as that term is defined in Section 41-26-102.1.

  • the Scottish Infected Blood Support Scheme means the scheme of that name administered by the Common Services Agency (constituted under section 10 of the National Health Service (Scotland) Act 1978(b));

  • Settled Claims means any and all claims, debts, demands, rights or causes of action or liabilities (including, but not limited to, any claims for damages, interest, attorneys’ fees, expert or consulting fees, and any other costs, expenses or liability), whether based on United States federal, state, local, statutory or common law or any other law, rule or regulation, whether foreign or domestic, fixed or contingent, accrued or unaccrued, liquidated or unliquidated, at law or in equity, matured or unmatured, foreseen or unforeseen, whether class or individual in nature, including, without limitation, both known claims and Unknown Claims (as defined below) (i) that have been asserted in the Action by Lead Plaintiff and the Class Members or any of them against any of the Released Parties (whether pleaded in the Complaint or not), or (ii) that could have been asserted in the Action or in any forum by Lead Plaintiff and the Class Members or any of them against any of the Released Parties, which arise out of any of the claims, allegations, activities, press releases or public statements set forth in the Complaint and relate to the purchase, sale, transfer or acquisition of the publicly traded common stock of Superior during the Class Period, or any actions, representations or omissions that were alleged or might have been alleged to affect the price of any publicly traded common stock of Superior during the Class Period. For the avoidance of doubt, Settled Claims do not include derivative claims against the Individual Defendants which are the property of Superior’s bankruptcy estate, including but not limited to claims asserted in Barbara Fontenelle, deriva- tively on behalf of Nominal Defendant Superior Offshore International, Inc., Cause No. 2008-16760, filed in the 234th Judicial District of Harris County, Texas and Gary Pearlman, derivatively on behalf of Nominal Defendant Superior Offshore International, Inc., Civil Action No. H-08-0740, filed in the Southern District of Texas, Houston Division.

  • Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

  • Agreement Disputes shall have the meaning set forth in Section 6.1.

  • Electrostatic application means the application to a substrate of charged atomized paint droplets that are deposited by electrostatic attraction.

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

  • High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which EPA’s Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (http://www.epa.gov/snap/ ).

  • Substance use disorder professional means a person

  • Massive Multiauthor Collaboration Site (or “MMC Site”) means any World Wide Web server that publishes copyrightable works and also provides prominent facilities for anybody to edit those works. A public wiki that anybody can edit is an example of such a server. A “Massive Multiauthor Collaboration” (or “MMC”) contained in the site means any set of copyrightable works thus published on the MMC site.