ERISA Claim definition

ERISA Claim means a claim for indemnification or defense arising out of Section 9.1(b)(ii), including reasonable attorneys' fees and expenses and reasonable accountants' fees and expenses incurred in the investigation or defense of any of the same or in asserting, preserving or enforcing any of the rights of Purchaser or Purchaser's Subsidiary arising under Section 9.1(b)(ii).

ERISA Claim means any claim based upon, arising out of or otherwise in respect of any inaccuracy in or any breach of representation or warranty of the Sellers contained in Section 3.22.

ERISA Claim has the meaning set forth in Section 7.4 below.

Examples of ERISA Claim in a sentence

• For purposes hereof, the term "Action" or "Claim" always is deemed to include, but is not limited to, a Qualification or ERISA Claim.

• Eagle shall be solely responsible for all Filings for, and the defense of any Claim with respect to, the plan adopted by it pursuant to Article II and Seitel shall be solely responsible for all Filings for, and the defense of any Qualification or ERISA Claim with respect to, the Seitel, Inc.

• The term “General Unsecured Claims” means any Claim, including a Senior Note Claim, a TOPrS Claim, or a SERP Claim that is not otherwise an Administrative Claim, Priority Tax Claim, Secured Claim, Flow-Through Claim, GM Claim, Section 510(b) Note Claim, Intercompany Claim, Section 510(b) Equity Claim, Section 510(b) ERISA Claim, Section 510(b) Opt Out Claim, or Intercompany Claim.

• The term "Eligible Holder" means the holder of a General Unsecured Claim, Section 510(b) Note Claim, Section 510(b) Equity Claim or Section 510(b) ERISA Claim (as each such term is defined in the Plan), which claim has been allowed or otherwise estimated for the purpose of participating in the Rights Offering on or before the date established by the Bankruptcy Court for determining all Eligible Holders of record.

• The term "Eligible Holder" means the holder of a General Unsecured Claim, Section 510(b) Note Claim, Section 510(b) Equity Claim or Section 510(b) ERISA Claim (as each such term is defined in the Plan), which claim has been allowed or otherwise estimated for the purpose of participating in the Rights Offering on or before the date established by the Bankruptcy Court for determining all Eligible Holders of record or transferees receiving such holders' Rights.

More Definitions of ERISA Claim

ERISA Claim means any claim based upon, arising out of or otherwise in respect of, any inaccuracy in or any breach of any representation or warranty of any Seller or the Company contained in this Agreement related to any Employee Benefit Plan, including, without limitation, Section 4.20 and any claim for Losses pursuant to Section 7.3.1, and (d) “Environmental Claim” means any claim based upon, arising out of or otherwise in respect of, any inaccuracy in or any breach of any representation or warranty of any Seller contained in Section 4.22. Except as otherwise expressly provided herein, the covenants and agreements contained in this Agreement shall survive the execution and delivery hereof and the consummation of the transactions contemplated hereby for a period of two years.

ERISA Claim means any Action or Claim arising from, or related to, the failure of a benefit plan that is intended to be tax-qualified under the provisions of Section 401(a), et seq., of the Code to satisfy the requirements for qualification, in form or in operation; any Action or Claim arising from, or related to, the failure of an employee benefit plan to comply with applicable requirements of ERISA (including, for this purpose, Section 4975 of the Code)or the terms of such plan; and any Action or Claim arising from, or related to, the failure to make a Filing.

ERISA Claim means Claims arising out of the ERISA Class Action, reflected on the Debtor’s Schedules as disputed in the amount of $50 million.

ERISA Claim means any Claim against any of the Debtors, whether or not the subject of an existing lawsuit, arising under the Employee Retirement Income Security Act of 1974, as amended, and any successor statute of similar import, and regulations thereunder, in each case as in effect from time to time or arising in connection with any Benefits Plans (as defined in the Purchase Agreement) other than any such Claim that constitutes a Securities Litigation Claim.

ERISA Claim means any claim for Losses based upon, arising out of or otherwise in respect of, the termination of the Company Benefit Plan intended to qualify as a cash or deferred arrangement under Section 401(k) of the Code and the obtaining of a determination letter from the IRS that such Company Benefit Plan remains qualified for favorable tax treatment following such termination and any claim for Losses based upon, arising out of or otherwise in respect of, any inaccuracy in or any breach of any representation or warranty of the Company contained in this Agreement related to any Benefit Plan, including, without limitation, Section 3.19 and any claim for Losses pursuant to Section 11.3(a).

ERISA Claim means any Damages based upon or resulting from the failure of any of the representations and warranties of Seller set forth in this Agreement or any certificate delivered pursuant to Section 2.2(b) to be true and correct, but only relating to representations or warranties set forth in Section 3.10.

ERISA Claim means any claim based upon, arising out of or otherwise in respect of, any inaccuracy in or any breach of any representation or warranty of any Seller or the Company contained in this Agreement related to any Plan, including, without limitation, Section 4.20 and any claim for Losses pursuant to Section 7.3.1, and (d) “Environmental Claim” means any claim based upon, arising out of or otherwise in respect of, any inaccuracy in or any breach of any representation or warranty of any Seller contained in Section 4.22. Except as otherwise expressly provided herein, the covenants and agreements contained in this Agreement shall survive the execution and delivery hereof and the consummation of the transactions contemplated hereby.