Common Claim definition

Common Claim means a claim for breach of any of the General Warranties;
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Common Claim means any Claim that:
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Common Claim means any claim (i) made with respect or relating to a Store pursuant to Section 12.1(a)(i) or 12.2(a)(i) and involving an amount in excess of $20,000 and (ii) arising from the same cause that results in the same claim being made with respect to at least 99 other Stores in an amount in excess of $20,000 per Store.
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Examples of Common Claim in a sentence

  • TREATMENT: The amount of any such Section 510(b) Common Claim will be determined by the Court.

  • Anacomp believes that since the nature and amount of any Section 510(b) Common Claim is not known at this time, the proposed treatment is the only appropriate means of providing for any Section 510(b) Common Claims under the circumstances.

  • The Plan provides that once the Court determines the amount of any Section 510(b) Common Claim, the Court will determine the amount of distribution to which such holder will receive out of and from the distribution otherwise provided under the Plan to Persons holding Allowed Class 8 Interests, as is fair and equitable in accordance with the Code.

  • Treatment: If it is determined that a Section 510(b) Common Claimant holds an Section 510(b) Common Claim, then such holder shall be entitled, out of and from the property otherwise retained by or distributed to Persons holding Existing Common Stock under the Plan, to that portion of such property as the Court determines is fair and equitable in accordance with the Code and consistent with the pari passu treatment to which such holder is entitled under Code section 510(b).

  • Following the Court's determination of the amount of any Section 510(b) Common Claim, the distributions to holders of such Claims will be effectuated as follows.

  • Upon such determination, the holder of such Section 510(b) Common Claim will be entitled, out of and from the property otherwise retained by or distributed to Persons holding Existing Common Stock under the Plan, to that portion of such distribution as the Court determines is fair and equitable in accordance with the Code and consistent with the pari passu treatment to which such holder is entitled under Code section 510(b).

  • If, as in the case of a Section 510(b) Common Claim, the security being purchased or sold is common stock, section 510(b) of the Code provides that such a claim has the same priority as common stock.

Related to Common Claim

  • Third Person Claim has the meaning specified in Section 11.4(a).

  • Litigation Claims means the claims, rights of action, suits or proceedings, whether in law or in equity, whether known or unknown, that any Debtor or any Estate may hold against any Person or Entity, including, without limitation, the Causes of Action of the Debtors or their Estates, in each case solely to the extent of the Debtors’ or their Estates’ interest therein. A non-exclusive list of the Litigation Claims held by the Debtors as of the Effective Date will be Filed with the Plan Supplement, which will be deemed to include any derivative actions filed against any Debtor as of the Effective Date.

  • IPR Claim means any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of any IPR, used to provide the Services or as otherwise provided and/or licensed by the Supplier (or to which the Supplier has provided access) to the Authority in the fulfilment of its obligations under this Framework Agreement;

  • AWR Claim means any complaint or claim to a tribunal or court made by or on behalf of the Agency Worker against the Hirer and/or the Employment Business for any breach of the AWR;

  • Preferred claim means a claim with respect to which the terms of this chapter accord priority of payment from the general assets of the insurer.

  • Priority Claim means a Claim that is entitled to priority in payment pursuant to section 507(a) of the Bankruptcy Code that is not an Administrative Claim or a Priority Tax Claim.

  • Tax Claim has the meaning set forth in Section 6.05.

  • Liability Claim has the meaning set forth in Section 7.2(a).

  • Rejection Claim means a Claim arising from the rejection of an Executory Contract or Unexpired Lease pursuant to section 365 of the Bankruptcy Code.

  • Insured Claim means any Claim arising from an incident or occurrence alleged to have occurred prior to the Effective Date that is covered under an insurance policy applicable to the Debtors or their businesses.

  • Settled claim means the original tort claim resolved by a structured settlement.

  • Unresolved Claim means a Claim, which at the relevant time, in whole or in part: (a) has not been Finally Determined to be a Proven Claim in accordance with the Amended Claims Procedure Order and this Plan; (b) is validly disputed in accordance with the Amended Claims Procedure Order; and/or (c) remains subject to review and for which a Notice of Allowance or Notice of Revision or Disallowance (each as defined in the Amended Claims Procedure Order) has not been issued to the Creditor in accordance with the Amended Claims Procedure Order as at the date of this Plan, in each of the foregoing clauses, including both as to proof and/or quantum;

  • Asbestos claim means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including:

  • Disputed Claim means any Claim that is not Allowed.

  • Secured Claim means a Claim that is secured by a Lien on property in which any of the Debtors’ Estates have an interest or that is subject to setoff under section 553 of the Bankruptcy Code, to the extent of the value of the Claim holder’s interest in such Estate’s interest in such property or to the extent of the amount subject to setoff, as applicable, as determined pursuant to section 506(a) of the Bankruptcy Code or, in the case of setoff, pursuant to section 553 of the Bankruptcy Code.

  • Proven Claim means (a) a Claim of a Creditor, Finally Determined as an Allowed Claim for voting, distribution and payment purposes under the Plan, (b) in the case of the Participating CCAA Parties in respect of their CCAA Party Pre-Filing Interco Claims, and in the case of the Non-Filed Affiliates in respect of their Non-Filed Affiliate Unsecured Interco Claims and Non- Filed Affiliate Secured Interco Claims, as such Claims are declared, solely for the purposes of the Plan, to be Proven Claims pursuant to and in the amounts set out in the Amended and Restated Meetings Order, and (c) in the case of Employee Priority Claims and Government Priority Claims, as Finally Determined to be a valid post-Filing Date claim against a Participating CCAA Party;

  • Third Party Claim has the meaning set forth in Section 8.3.

  • Clean Claim means a claim that:

  • Claim means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, whether civil, criminal, administrative, regulatory or other, and whether at law, in equity or otherwise brought against an Indemnified Person.

  • Subordinated Claim means a Claim of the kind described in sections 726(a)(3) or 726(a)(4) of the Bankruptcy Code and/or Claims subordinated under sections 510(b) or 510(c) of the Bankruptcy Code.

  • Relevant Claim means a civil claim made in respect of any of the following—

  • Voting Claim means the amount of the Affected Unsecured Claim of an Affected Unsecured Creditor as Finally Determined in the manner set out in the Amended Claims Procedure Order entitling such Affected Unsecured Creditor to vote at the applicable Meeting in accordance with the provisions of the Amended and Restated Meetings Order, the Plan and the CCAA;

  • Covered claim means the following:

  • Third party claimant means any individual, corporation, association, partnership, or other legal entity asserting a claim against any individual, corporation, association, partnership, or other legal entity insured under an insurance policy or insurance contract.

  • Indemnity Claim has the meaning set forth in Section 8.3.

  • Indemnification Claim has the meaning set forth in Section 12.3.