Defaulted Claim definition

Defaulted Claim means any Claim (i) arising out of a Lease Contract in respect of which (a) there have been at least 7 (seven) Instalments, which have remained unpaid by the relevant Lessee after the scheduled instalment date under the relevant Lease Contract, (b) the relating Asset has been stolen, (c) the relating Lessee is subject to bankruptcy(d) termination of the contract and repossession of the Assethas occurred, (e) a legal proceeding has started or (f) the Asset has not been redeemed 9 (nine) months after the related termination date, or (ii) which has been classified as defaulted (crediti in sofferenza) by the Servicer on behalf of the Issuer in accordance with the Bank of Italy Supervisory Regulations.
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Defaulted Claim means those Claims (A) under which there are at least (i) 7 (seven) Unpaid Instalments whether consecutive or otherwise (in case of monthly payment) or (ii) 3 (three) Unpaid Instalments whether consecutive or otherwise (in case of quarterly payment) or (iii) 3 (three) Unpaid Instalments whether consecutive or otherwise (in case of four- monthly payment) or (iv) 2 (two) Unpaid Instalments (in case of semi- annual payment) or (B) are classified as Crediti in Sofferenza by the relevant Servicer.
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Defaulted Claim means a Claim in relation to which any of the following events occurred (i) there are eight or more consecutive or inconsecutive Unpaid Instalments with reference to such Claim, or under which, following the relevant final maturity date, there is at least one instalment which is an Unpaid Instalment for eight or more months, provided that, for the purposes of this definition,payments received under the Guarantee are not taken into account;(ii) the Borrower of the relevant Loan died; or (iii) the Borrower of the relevant Loan lost his/her job.
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Examples of Defaulted Claim in a sentence

  • SEGREGATION OF THE ISSUER'S RIGHTSIf the Portfolios comprise any Defaulted Claim or any Claim classified as “incagliato” pursuant to the regulation issued by the Bank of Italy (“Istruzioni di Vigilanza”), the purchase price of such Claims shall be equal to their current value, as determined by one or more third parties independent from the purchaser and appointed by common consent by the Issuer and the Representative of the Noteholders.

  • Q: Ms. Thompson: Briefly, I also represent the Cook Inlet villages and tribes.

  • Defaulted Claim (Credito in sofferenza) means each of the BPN Defaulted Claims or each of the CREBERG Defaulted Claims, as the case may be and Defaulted Claims (Crediti in sofferenza) means, collectively, all of them.

  • Default Date: means the date on which a Claim has become a Defaulted Claim.

  • SEGREGATION OF THE ISSUER'S RIGHTSIf the Portfolios comprise any Defaulted Claim or any Claim classified as "incagliato" pursuant to the regulation issued by the Bank of Italy ("Istruzioni di Vigilanza"), the purchase price of such Claims shall be equal to their current value, as determined by one or more third parties independent from the purchaser and appointed by common consent by the Issuer and the Representative of the Noteholders.

  • Refuse containers Clean & Disinfect Waste Receptacles – Containers shall be cleaned and disinfected so as to remove stains, smudges and dried refuse.

  • Procedurally Defaulted Claim Petitioner maintains that trial counsel gave him ineffective assistance in four additional instances.

  • The claims comprised in the Portfolios are claims arising under loan agreements which on 31 October 2006 (the "Valuation Date") were all performing claims (the "Claims", which term, for the purposes of this Prospectus will be deemed to include any Claim which, after the relevant valuation date, has become or will become non performing, and hereon in a "Defaulted Claim").

  • The claims comprised in the Portfolios are claims arising under mortgage loan agreements (the "Mortgage Loan Agreements")which on 28 January 2010 (the "Valuation Date") were all performing claims (the "Claims", which term, for the purposes of this Prospectus will be deemed to include any Claim which, after the Valuation Date, has become or will become non performing, and hereon a "Defaulted Claim" as better defined in the Conditions).

  • Therefore, the Court recommends that the above-referenced ineffective assistance of counsel claims be denied as unexhausted and procedurally barred.C. Procedurally Defaulted Claim Considering next Ground Five of Williams’ Amended Petition, Williams contends that the trial court improperly allowed the prosecution to remove two black jurors from the prospective jury panel in violation of Batson v.


More Definitions of Defaulted Claim

Defaulted Claim means a Claim: (i) as to which any portion of the Maturity Value thereof remains unpaid for more than seventy-five (75) days after the Scheduled Maturity Date of such Claim , (ii) as to which the Obligor thereof has taken any action, or suffered any event to occur, of the types described in clause (vii) of the definition of "Eligible Claim," (iii) any Insolvency Event has occurred with respect to the Ultimate Obligor with respect to such Claim, or (iv) which has been or should have been written off the Borrower's books as being uncollectible.
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Related to Defaulted Claim

  • Affected Claim means any Claim other than an Unaffected Claim;

  • Allowed Claim means an Allowed Claim of the type described.

  • Approved Claim means the timely submitted Claim Form by a Participating Settlement Member that has been approved by the Settlement Administrator.

  • Allowed Secured Claim means an Allowed Claim secured by a lien, security interest or other charge against property in which the Estate has an interest, or which is subject to setoff under Section 553 of the Bankruptcy Code, to the extent of the value, determined in accordance with Section 506(a) of the Bankruptcy Code, of the interest of the holder of such Allowed Secured Claim in the Estate's interest in such property, or to the extent of the amount subject to any setoff, as the case may be.

  • Contested Claim means any Tax, Indebtedness or other claim or liability (i) the validity or amount of which is being diligently contested in good faith, (ii) for which adequate reserve, or other appropriate provision, if any, as required in conformity with GAAP shall have been made, and (iii) with respect to which any right to execute upon or sell any assets of the Company or of any of its Subsidiaries has not matured or has been and continues to be effectively enjoined, superseded or stayed.

  • 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.

  • Disallowed Claim means (a) a Claim, or any portion thereof, that has been disallowed by a Final Order or a settlement, (b) a Claim or any portion thereof that is Scheduled at zero or as contingent, disputed, or unliquidated and as to which a proof of claim bar date has been established but no proof of claim has been timely filed or deemed timely filed with the Bankruptcy Court pursuant to either the Bankruptcy Code or any Final Order of the Bankruptcy Court or otherwise deemed timely filed under applicable law, or (c) a Claim or any portion thereof that is not Scheduled and as to which a proof of claim bar date has been established but no proof of claim has been timely filed or deemed timely filed with the Bankruptcy Court pursuant to either the Bankruptcy Code or any Final Order of the Bankruptcy Court or otherwise deemed timely filed under applicable law.

  • Administrative Claim Bar Date means the deadline for filing requests for payment of Administrative Claims, which shall be 30 days after the Effective Date.

  • Disputed Claim means any Claim that is not Allowed.

  • Administrative Claim means a Claim for costs and expenses of administration of the Estates under sections 503(b), 507(a)(2), 507(b), or 1114(e)(2) of the Bankruptcy Code, including: (a) the actual and necessary costs and expenses incurred on or after the Petition Date of preserving the Estates and operating the businesses of the Debtors; (b) Allowed Professional Fee Claims in the Chapter 11 Cases; and (c) all fees and charges assessed against the Estates under chapter 123 of title 28 of the United States Code, 28 U.S.C. §§ 1911-1930.

  • 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.

  • 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.

  • Allowed Administrative Claim means an Allowed Claim that is an Administrative Claim.

  • 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.

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

  • 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.

  • Covered claim means the following:

  • Administrative Expense Claim means any right to payment constituting a cost or expense of administration of the Chapter 11 Cases under sections 503(b) and 507(a)(2) of the Bankruptcy Code including, without limitation, (a) any actual and necessary costs and expenses of preserving the Estates, (b) all compensation and reimbursement of expenses to the extent Allowed by the Bankruptcy Court under section 330 or 503 of the Bankruptcy Code, (c) any fees or charges assessed against the Estates under section 1930 of chapter 123 of Title 28 of the United States Code, (d) all Claims arising under section 503(b)(9) of the Bankruptcy Code, and (e) the Prepetition Lenders Adequate Protection Claims.

  • Deficiency Claim means any portion of a Claim (a) to the extent the value of the holder’s interest in Assets securing such Claim is less than the amount of such Claim or (b) to the extent the amount of a Claim is subject to setoff is less than the amount of the Claim, each as determined by § 506(a) of the Bankruptcy Code.

  • Expected Claim Notice means a notice that, as a result of a legal proceeding instituted by or written claim made by a third party, an Indemnified Party reasonably expects to incur Damages for which it is entitled to indemnification under Article VI.

  • 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.

  • Allowed Interest means an Interest in any Debtor, which has been or hereafter is listed by such Debtor in its books and records as liquidated in an amount and not disputed or contingent; provided, however, that to the extent an Interest is a Disputed Interest, the determination of whether such Interest shall be allowed and/or the amount of any such Interest shall be determined, resolved, or adjudicated, as the case may be, in the manner in which such Interest would have been determined, resolved, or adjudicated if the Chapter 11 Cases had not been commenced; and provided further, however, that proofs of Interest need not and should not be filed in the Bankruptcy Court with respect to any Interests; and provided further, however, that the Reorganized Debtors, in their discretion, may bring an objection or motion with respect to a Disputed Interest before the Bankruptcy Court for resolution.

  • 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;

  • Pending Claim has the meaning set forth in Section 9.6 hereof.

  • Professional Claim means an Administrative Claim of a Professional for compensation for services rendered or reimbursement of costs, expenses, or other charges and disbursements incurred relating to services rendered or expenses incurred after the Petition Date and prior to and including the Confirmation Date.

  • Unsecured Claim means any Claim that is not a Secured Claim.