Debtor Released Claims definition

Debtor Released Claims has the meaning set forth in Section 4.2 hereof.
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Debtor Released Claims has the meaning set forth in Section 3.2 to this Settlement Agreement.
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Debtor Released Claims has the meaning given in Section IV.A.
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Examples of Debtor Released Claims in a sentence

  • Each Debtor (a) is the owner of the Debtor Released Claims to be compromised and released by it under this Agreement and (b) has not assigned, hypothecated or otherwise transferred (collaterally or otherwise) to any other Person any interest in any Debtor Released Claims to be compromised and released hereunder and to which its covenant not to sue set forth herein applies.

  • Nothing in this Agreement shall be construed as an admission by any of the PBI Entities of the existence of any Debtor Released Claim or of any liability with respect to any or all of such Debtor Released Claims or any other past or future act, omission, fact, matter, transaction or occurrence.

  • The Debtor Releasing Parties hereby agree and covenant not to assert or prosecute, or assist or otherwise aid any other Person or Entity in the assertion or prosecution of, any Debtor Released Claims against any or all of the PBI Released Parties.


More Definitions of Debtor Released Claims

Debtor Released Claims means any and all charges, complaints, claims, causes of action, promises, agreements, rights to payment, rights to any equitable remedy, rights to any equitable subordination or recharacterization, demands, debts, liabilities, express or implied contracts, obligations of payment or performance, rights of setoff or recoupment, accounts, damages, costs, losses or expenses (including attorneys’ and other professional fees and expenses) which the Debtor Releasing Parties, or any of them, have ever had, now have or may have against the Pipeline Released Parties, or any of them, through and including the Settlement Effective Date, including any and all claims and causes of action arising under sections 362, 502, 503, 506(c), 507(b), 510, 542, 544, 547, 548, 549 and/or 550 of the Bankruptcy Code, or any other section of the Bankruptcy Code, in each case whether known or unknown, suspected or unsuspected, liquidated or unliquidated, absolute or contingent, direct or derivative; provided that such claim or action must arise in connection with or out of, relate to or be otherwise based in whole or in part on any of the following: (i) any acts, actions, inactions, omissions, facts, matters, transactions or occurrences arising or existing prior to the Settlement Effective Date with respect to the Pipeline Agreements, including the negotiation, execution, performance, or any breach by the Pipeline Companies or any of the Reorganized Debtors or Debtors of the Pipeline Agreements, the Rejection Motion, and any actions, omissions, or inactions of the Pipeline Companies or any of the Reorganized Debtors or Debtors prior to the Settlement Effective Date; and/or (ii) any aspect of the relationship between any of the Pipeline Companies, on the one hand, and the Reorganized Debtors, the Debtors, or the Estates, and their affiliates or subsidiaries, on the other hand, existing or occurring prior to the Settlement Effective Date. For the avoidance of doubt, the Debtor Released Claims shall not include (1) any right, claim or defense arising under this Agreement, and (2) any defense by the Reorganized Debtors in response to any claim asserted by any of the Pipeline Companies; provided that nothing herein shall release the Pipeline Claims.
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Debtor Released Claims means, as defined in the PCPs, (a) any and all Claims, obligations, demands, actions, Causes of Action, and liabilities of whatever kind and nature or character and description, and whether in law or equity, whether sounding in tort, contract or other applicable law, whether known or unknown,
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Related to Debtor Released Claims

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

  • Debtor Release means the release given on behalf of the Debtors and their Estates to the Released Parties as set forth in Article VIII.D of the Plan.

  • Released Claim means the matters that are subject to release and discharge pursuant to ARTICLE 10 hereof;

  • Released PAGA Claims means the claims being released as described in Paragraph 6.2 below.

  • Released Class Claims means the claims being released as described in Paragraph 6.2 below.

  • Exculpated Claim means any Claim related to any act or omission in connection with, relating to, or arising out of the Debtors' in or out of court restructuring, the Chapter 11 Cases, formulation, preparation, dissemination, negotiation, or filing of the Disclosure Statement, the Plan, the settlement of Claims or renegotiation of Executory Contracts or Unexpired Leases, the negotiation of the Plan, the DIP Credit Agreement, the Plan Supplement, the Exit Facility Credit Agreement, or any contract, instrument, release, or other agreement or document created or entered into in connection with the Disclosure Statement or Plan, the filing of the Chapter 11 Cases, the pursuit of Confirmation, the pursuit of consummation of the Plan, the administration, consummation, and implementation of the Plan, the distribution of property under the Plan, or any transaction contemplated by the Plan or Disclosure Statement, or in furtherance thereof; provided, however, that Exculpated Claims shall not include any claim arising out of any act or omission that is determined in a Final Order to have constituted gross negligence, willful misconduct, or intentional fraud to the extent imposed by applicable non-bankruptcy law. For the avoidance of doubt, no Cause of Action, obligation or liability expressly set forth in or preserved by the Plan or the Plan Supplement constitutes an Exculpated Claim.

  • Related Claims means all Claims for Wrongful Acts based upon, arising out of, resulting from, or in any way involving the same or related facts, circumstances, situations, transactions or events or the same or related series of facts, circumstances situations, transactions or events, whether related logically, causally or in any other way.

  • 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.

  • Secured Claims means Claims held by “secured creditors” as defined in the CCAA, including Construction Lien Claims, to the extent of the Allocated Value of the Property securing such Claim, with the balance of the Claim being a Deficiency Claim, and amounts subject to section 6(6) of the CCAA;

  • Unsecured Claims means claims which are not secured by any property of the Debtor’s Estate and which are not part of any other class defined in this Plan.

  • Administrative Claims Bar Date means the deadline for Filing requests for payment of Administrative Claims, which: (a) with respect to Administrative Claims other than Professional Fee Claims, shall be 30 days after the Effective Date; and (b) with respect to Professional Fee Claims, shall be 45 days after the Effective Date.

  • Settled Claims means any and all claims, debts, demands, rights or causes of action or liabilities whatsoever (including, but not limited to, any claims for damages, interest, attorneys’ fees, expert or consulting fees, and any other costs, expenses or liability whatsoever), whether based on 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 both known claims and Unknown Claims (as defined below), (i) that have been asserted in this Action by 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 from the beginning of time to the end of time in any forum by the Class Members or any of them against any of the Released Parties, which arise out of, relate in any way to, or are based upon the allegations, transactions, facts, matters or occurrences, representations or omissions involved in, set forth in, or referred to, or that could have been asserted in the Complaint and relate to the purchase, sale, transfer or acquisition of securities of Priceline.com during the Class Period, or any actions, representations or omissions that were alleged or might have been alleged to affect the price of publicly traded securities of Priceline.com during the Class Period. Notwithstanding the prior sentence, “Settled Claims” does not include any claims Class Members may have against Deloitte in its capacity as the

  • Subordinated Claims shall have the meaning set forth in Section 3.6(c)(i) hereof.

  • Fraud Claim means any claim based in whole or in part upon fraud, willful misconduct or intentional misrepresentation.