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).
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Closing Date Asset Litigation means (i) any Action relating to any of the Assets and that is pending against the Receiver and/or any 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 any 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 any Failed Bank is asserted therein (including by way of counterclaim).
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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 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

  • Closing Date Acquisition shall have the meaning assigned to such term in the recitals hereto.

  • Closing Date Balance Sheet has the meaning specified in Section 2.3(b).

  • Closing Date and Time means the deadline for the submission of Proposals as set out herein.

  • Final Closing Statement has the meaning set forth in Section 2.4(a).

  • Asset Schedule means with respect to any Transaction as of any date, an asset schedule in the form of a computer tape or other electronic medium (including an Excel spreadsheet) generated by Seller and delivered to Buyer and the Custodian, which provides information (including, without limitation, the information set forth on Exhibit E attached hereto) relating to the Purchased Mortgage Loans in a format reasonably acceptable to Buyer.

  • Specified Acquisition Agreement Representations means the representations and warranties made by, or with respect to, the Target and its subsidiaries in the Acquisition Agreement that are material to the interests of the Lenders, but only to the extent that the Borrower (or its applicable affiliate) has the right (taking into account applicable cure provisions) to terminate its obligations under the Acquisition Agreement or to decline to consummate the Acquisition (in each case, in accordance with the terms thereof) as a result of a breach of any such representations and warranties.