Defendant Claims means any and all counterclaims and bases for relief, including without limitation Unknown Claims (as defined in ¶ (rrr) of the Petrobras Stipulation), that the Defendants, (including all past and present individual partners and employees), their predecessors, successors and assigns could have raised in the Action against Class Representatives, Class Counsel, any other Class Representative’s counsel, or any Settlement Class Member, that arise out of or relate to the institution, maintenance, prosecution, or settlement of the Action (other than claims to enforce the Settlement or the Judgment or under Fed. R. Civ. P. 60(b)(3)), including, but not limited to, claims for violations of Fed. R. Civ. P. 11, or any other fee or cost-shifting claim.
Defendant Claims means any and all counterclaims and bases for relief, whether known or Unknown Claims, that the Defendants, the other Released Parties, or any of their current or former officers and directors, could have raised in the Action against the Lead Plaintiff, Lead Counsel, or any Settlement Class Member, whether arising under state, federal, local, common, statutory, administrative or foreign law, or any other law, rule or regulation, at law or in equity, whether class or individual in nature, whether accrued or unaccrued, whether liquidated or unliquidated, whether matured or unmatured, including but not limited to those related to or arising from the commencement, prosecution or settlement of the Action (except for claims to enforce the Settlement) and claims for violations of Fed. R. Civ. P. 11 or any other fee or cost-shifting claim.
Defendant Claims means any and all compulsory counterclaims and bases for relief, claims, rights, demands, suits, liabilities, or causes of action, in law or in equity, accrued or unaccrued, fixed or contingent, direct, individual or representative, of every nature and description whatsoever, whether known or Unknown Claims, that Defendants and their Released Parties could have raised in the Action against Plaintiffs or Lead Counsel and their respective Released Parties or any Settlement Class Member, whether arising under state, federal, common, or foreign law, which directly arise out of or are related to the commencement and prosecution of the Action (except for claims to enforce the Stipulation or Settlement) including its releases and covenants to
Examples of Defendant Claims in a sentence
The Litigation Trust will be established for the sole purpose of distributing any recoveries from the Non-Settling Defendant Claims and the Assigned Preference Claims, in accordance with Treasury Regulation section 301.7701-4(d) and Revenue Procedure 94-45, with no objective to continue or engage in the conduct of a trade or business.
It is possible, for instance, that the Litigation Trust could be treated for U.S. federal income tax purposes as two trusts, one that holds the Assigned Preference Claims and Cash and another that holds the Non-Settling Defendant Claims and Cash.
On or before the Effective Date, the Litigation Trust Agreement shall be executed, and the Non-Settling Defendant Claims and the Assigned Preference Claims shall be assigned to the Litigation Trust.
On the Effective Date, the Non-Settling Defendant Claims and the Assigned Preference Claims shall be assigned to the Litigation Trust.
The Litigation Trust will be authorized under the Plan to prosecute the Non-Settling Defendant Claims for the benefit of holders of Allowed General Unsecured Claims and Allowed 2015 Notes Claims who shall receive a Settlement Pro Rata Share of any net recoveries on Non-Settling Defendant Claims (subject to Section 5.7(c) hereof with respect to any Excess Recoveries).
More Definitions of Defendant Claims
Defendant Claims means any and all counterclaims and bases for 1 relief, whether known or Unknown Claims, that the Settling Defendants, or any of their current or 2 former officers and directors, could have raised in the Action against the Plaintiffs, Lead Counsel, 3 or any Settlement Class Member including but not limited to the commencement and prosecution 4 of the Action (except for claims to enforce the Partial Settlement) and claims for violations of 5 Fed. R. Civ. P. 11, or any other fee or cost-shifting claim.
Defendant Claims means any and all claims, rights, causes of action, and liabilities of every nature and description, whether known or Unknown Claims, that arise out of or relate in any way to the institution, prosecution, or settlement of the claims asserted in the Action against the Defendants, which any of the Defendants could pursue against the Plaintiffs, Class Counsel, or any Class Member or their attorneys, agents, experts, or investigators. Defendant Claims do not include any claims relating to the enforcement of the Settlement or any claims against any Person who submits a request for exclusion from the Class that is accepted by the Court.
Defendant Claims means any and all Claims and counterclaims and bases for relief arising out of the commencement and prosecution of the Action or that is in any matter related to the subject matter of the Action, whether known or Unknown Claims, that the Defendants, or any of their current or former officers and directors, could have raised in the Action against Plaintiffs, Co-Lead Counsel, other Plaintiffs’ counsel, or any Settlement Class Member and claims for violations of Rule 11 of the Federal Rules of Civil Procedure, or any other fee or cost-shifting claim, except claims based upon, relating to, or arising out of the interpretation or enforcement of the Settlement.
Defendant Claims means any and all claims, both known and Unknown Claims, alleged or which could have been alleged by the Defendants, or any of their current or former officers and directors, against the Plaintiffs, Lead Counsel, and any Participating Putative Class Member arising from or related to the matters and occurrences that are alleged in the Class Actions, and the commencement and prosecution of the Class Actions (except for claims to enforce the Settlement).
Defendant Claims means any and all counterclaims and bases for relief, whether known or Unknown Claims, that the Released Defendant Parties could have raised in the Action against any Released Plaintiff Party, whether arising under state, federal, common, or foreign law, which arise out of or are related to the commencement and prosecution of the Action (except for claims to enforce the Settlement), including claims for violations of Fed. R. Civ. P. 11 or any other fee or cost-shifting claim.
Defendant Claims means any and all counterclaims and bases for relief, whether known or Unknown Claims, that the Released Parties could have raised in the Action against Lead Plaintiff, Lead Counsel, or any Settlement Class Member, whether arising under state, federal, common, or foreign law, which arise out of or are related to the commencement and prosecution of the Action (except for claims to enforce the Settlement), including claims for violations of Fed.
Defendant Claims means any and all claims, demands, rights, causes of action, and liabilities, whether based in law or equity, arising under federal, state, local, statutory, or common law or any other law, rule, or regulation including both known and unknown claims, that arise out of or relate in any way to the institution, prosecution, or settlement of the claims against Defendants, including under Rule 11 of the Federal Rules of Civil Procedure, or for any other fees or cost shifting, except for claims relating to the enforcement of this Stipulation or the Settlement. Nothing in this paragraph shall affect any claims, demands, rights, or causes of action and liabilities: (a) between or among Defendants; or (b) between Defendants and their insurers.