Closing Date Asset Litigation definition

Closing Date Asset Litigation means (a) any Action relating to any of the Assets and that is pending against the Receiver and/or the Failed Bank as of the Cut-Off Date and/or the Closing Date or (b) without limitation of clause (a), any Action relating to any of the Assets and in which the Receiver or the Failed Bank is involved (including as a plaintiff) as of the Cut-Off Date or the Closing Date, to the extent that any Liability of the Receiver or the Failed Bank is asserted therein (including by way of counterclaim).
Closing Date Asset Litigation means (i) any Action relating to any of the Assets and that is pending against the Receiver and/or the Failed Bank as of the Cut-Off Date and/or the Closing Date or (ii) without limitation of clause (i), any Action relating to any of the Assets and in which the Receiver and/or the Failed Bank is involved (including as a plaintiff) as of the Cut- Off Date and/or the Closing Date, with respect to this clause (ii) to the extent that any Liability of the Receiver and/or the Failed Bank is asserted therein (including by way of counterclaim).

Examples of Closing Date Asset Litigation in a sentence

  • The Transferor’s determination as to whether or not, and the extent to which, a Closing Date Asset Litigation constitutes a Retained Closing Date Asset Litigation will be conclusive and binding for all purposes with respect to this Agreement.

  • In such case, the Transferor will retain all rights and obligations, and will remain the real party-in-interest, with respect to, and will retain control over, such Retained Closing Date Asset Litigation.

  • The Transferor’s determination as to whether or not, and the extent to which, a Closing Date Asset Litigation constitutes a Retained Closing Date Asset Litigation shall be conclusive and binding for all purposes with respect to this Agreement.

  • In such case, the Transferor shall retain all rights and obligations, and shall remain the real party-in-interest, with respect to, and shall retain control over, such Retained Closing Date Asset Litigation.

Related to Closing Date Asset Litigation