Customer Claims means, collectively, (i) the Unfiled Customer Claims, and (ii) the Filed Customer Claims.
Customer Claims has the meaning specified in Section 3.20(b).
Customer Claims means any amounts, actually paid by the Company or its Affiliates to third parties in respect of valid claims by customers of Citadel, Lucent or their respective affiliates, arising out of or in connection with the Citadel Litigation, the Matrixx Litigation and any of the matters that are referred to in the Complaints; provided, however, that to the extent third-party claims have been paid prior to February 15, 2018, such third-party claims shall not constitute Customer Claims; provided, further, that a claim shall not be considered a Customer Claim unless (i) the Company has established a reserve with respect to such Customer Claim in accordance with GAAP applied in accordance with past practices of the Company or (ii) an accounting firm reasonably and mutually acceptable to both the Company and the Committee has validated such claim as a valid claim, the treatment of which is consistent with past practices of the Company (as of the date of the Merger Agreement), and the amount considered a Customer Claim shall not exceed the amount reserved by the Company or so validated by such accounting firm, it being understood that all fees and expenses of such accounting firm shall be “Claims Expenses” and shall promptly be paid from the Escrow Account.
Examples of Customer Claims in a sentence
In instances where, during the Customer Claims Period, Seller determines that the depositor is liable for such disputed amount, Purchaser agrees to comply with a written request from Seller to debit such account in an amount equal to the disputed amount and remit such amount to Seller.
We shall cooperate with you in the adjustment of Customer Claims, but we retain the right to adjust Customer Claims on Factor Risk Accounts directly with customers, upon such terms as we in our sole discretion may deem advisable.
Potential Customer Claims As of the Petition Date, the Debtors had more than 340,000 current members and over 100,000 former members (i.e., those who cancelled their memberships within one year of the Petition Date) (collectively, the “Customers”).
You also warrant and represent that: your customers have accepted the goods or services and owe and are obligated to pay the full amounts stated in the invoices according to their terms, without dispute, claim, offset, defense, deduction, rejection, recoupment, counterclaim or contra account, other than as to returns and allowances as provided in section 8 below (the foregoing being referred to in this Agreement as "Customer Claims").
DISPUTES SUBJECT TO ARBITRATION 1500.00 Customer Claims And Grievances.
More Definitions of Customer Claims
Customer Claims means: an unsatisfied claim for economic loss from a
Customer Claims means either (a) any claims, demands, actions, causes of action or Proceedings asserted or threatened to be asserted by, on behalf of or with respect to any person that is a customer of the Acquired Business as of the Effective Time (an "Acquired Business Customer"), regardless of whether such claim is asserted under any breach of contract, breach of warranty, products liability, strict liability or other theory, with respect to or arising out of any agreement, contract, commitment, liability or obligation to the Acquired Business Customer as of the Effective Time, including without limitation (i) claims with respect to any hardware, software, databases or services sold, leased, licensed or otherwise provided to the Acquired Business Customer prior to the Effective Time, (ii) claims relating to the failure any of Seller Distributed Software or Third Party Distributed Software or any other hardware, software, databases sold, leased, licensed or otherwise provided to the Acquired Business Customer prior to the Effective Time to be "millennium compliant", "year 2000 compliant", or "year 2000 qualified" or otherwise process, function, accept, store, display or operate without error or interruption in respect of dates before or after January 1, 2000, or to operate continuously and without error (including when incorporated with any other products provided by Seller or any other person as part of an integrated system), and (iii) claims related to the disputes identified in Section 6.12(f) of the Disclosure Schedule, or (b) any Losses or other costs incurred by Purchaser or Parent, which, in their reasonable judgment, are necessary to minimize, mitigate or avoid potential claims, demands, actions, causes of action or Proceedings under clause (a) above, including without limitation the cost to cause any of the services or software or hardware referenced in clause (a) to become "millennium compliant", "year 2000 compliant", or "year 2000 qualified".
Customer Claims means any and all demands for replacement, refunds, returns or allowances pertaining to products sold or distributed by Seller on or prior to the Closing Date (other than claims by Buyer against Seller regarding products sold by Seller to Buyer pursuant to this Agreement).
Customer Claims has the meaning set forth in Section 17. 2 36
Customer Claims means the claims of a Customer against the Debtor for indemnity, contribution, apportionment, joint liability, comparative negligence, contributory negligence, or any other theory of joint or several liability which arise out the operative facts that form the basis of the claims asserted in the Copyright Action, whether or not such claims have been asserted by a Customer against the Debtor.
Customer Claims means Claims against the Debtor (including Aetna), for amounts due pursuant to service contracts between the Debtors and those insurance companies, corporate clients and other customers who pay the Debtors for services, which Claims include, among other charges, profit sharing, reimbursement, performance penalties, retroactive membership adjustments and other payments that would be required to be made if such contracts were assumed under section 365 of the Bankruptcy Code. Customer Claims do not include any Aetna Claim or any Claims related to service contracts for which a notice of termination has been received by Magellan or any of its subsidiaries.
Customer Claims means Claims against the Debtor (including Aetna), for amounts due pursuant to service contracts (or any guaranties related to such service contracts) between the Debtors (and/or their subsidiaries) and those insurance companies, corporate clients and other customers who pay the Debtors and/or their subsidiaries for services, which Claims include, among other charges, profit sharing, reimbursement, performance penalties, retroactive membership adjustments, indemnification and/or other claims for damages and other payments that would be required to be made if such contracts were assumed under section 365 of the Bankruptcy Code. Customer Claims do not include any Aetna Claim or any other Claims related to service contracts have terminated or for which a notice of termination has been received by Magellan or any of its subsidiaries on or prior to the Effective Date.