Examples of Disputed Creditor in a sentence
Should the Disputed Creditor and the BRPs be unable to agree on a Calculation Expert, then the matter may, within three days from the expiry of the aforementioned seven-day period, be referred by the Disputed Creditor to AFSA for the appointment of a Calculation Expert, and which expert shall be a senior counsel with no less than 12 years' experience.
Should the Disputed Creditor fail to request AFSA to appoint a Calculation Expert, within the three-day period allowed, then the Disputed Creditor shall be deemed to have abandoned its Claim and will not thereafter be entitled to make such a request and will accordingly not, in terms with section 154 of the Companies Act, be able to enforce any Claim that, that creditor believes is owed to it by the Company.
The Disputed Creditor will be afforded seven days from the Rejection Date to agree with the BRPs on a Calculation Expert to preside over the dispute, and which expert shall be a senior counsel with no less than 12 years' experience.
If the Disputed Creditor does not avail itself of this opportunity within the time period allowed, then the Disputed Creditor shall be deemed to have abandoned its Claim and will not, in terms with section 154 of the Companies Act, be entitled to enforce, at a later date, any Claim that, that creditor believes it has against the Company; Disputed Creditor - If the Dispute Claim is not resolved, the BRPs will inform the Disputed Creditor accordingly and this will be known as the Rejection Date.
To the extent that the Calculation Expert, as nominated, refuses to act or is not available to act, the Disputed Creditor must within three days of receiving notice of the Calculation Expert's refusal or unavailability, request AFSA to appoint an alternate Calculation Expert, and which expert shall be a senior counsel with no less than 12 years' experience, until one such Calculation Expert is available, and is agreeable to act.
Unless the BRPs specifically advise a Disputed Creditor otherwise, Disputed Creditors will still be required to follow the Dispute Mechanism set out in paragraph 16 below.
Nothing contained in the Plan, Disclosure Statement, or Confirmation Order shall change, waive or alter any requirement under applicable law that the holder of a Disputed Claim must file a timely proof of claim by the applicable Bar Date, and the Claim of any such Disputed Creditor who is required to file a proof of claim and fails to do so shall be discharged and shall receive no distribution through the Plan.
Class 4 Claims consist of Disputed Creditor Claims and Undisputed Creditor Claims who have offered and with whom the debtor has agreed to furnish free trading stock in the debtor in lieu of payment and/or in compromise of disputed issues.
No. 40898-8-II (consolidated with) STATE OF WASHINGTON, Respondent, v.