Fiduciary Claim definition

Fiduciary Claim means any:
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Fiduciary Claim means any Proceeding, or any claim for indemnification arising from such an Proceeding, commenced or threatened in writing against any party hereto or its affiliates, in each case, arising from any claim by or on behalf of any Person who is currently or was (or purports to be or to have been) an officer or manager (or Person holding a comparable position) or a Company Holder (or holder of any other security of the Company) seeking to hold any current or former officer or manager (or Person holding a comparable position) of the Company liable for breach of a fiduciary duty or similar claim under applicable Legal Requirements in his or her capacity as a manager or officer (or Person holding a comparable position) with respect to any actions (or any failure to take any actions) on or before the Closing.
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Fiduciary Claim also means a written request to the Insureds to toll or waive a statute of limitations regarding a potential Fiduciary Claim as described above. Such Claim shall be commenced by the receipt of such request.
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Examples of Fiduciary Claim in a sentence

  • Teachers post classroom and assignment information weeklyon FACTS.

  • Such Retention shall be borne by the Insured, and the Insurer shall only be liable for the amount of Loss arising from a Fiduciary Claim that is in excess of the above stated Retention amount.

  • Claim means for the purposes of coverage under: (1) Insuring Clause 1: any Fiduciary Claim; or (2) Insuring Clause 2: any Settlement Program Notice.

  • This report does not give rise to any immediate TUPE implications.

  • The Insurer shall pay Loss up to the Limit of Liability applicable to this Coverage Section on behalf of the Insured in connection with any Fiduciary Claim first made against any Insured during the Policy Period and reported in accordance with SECTION V.

  • Plaintiffs Have Properly Asserted a Fiduciary Claim for the Failure to Maintain Adequate Internal Controls at the23 Company 2724 2.

  • Fiduciary Claim Appeal Services Contractor shall act as the claims fiduciary under the health plan for the appeal of disputed claims under the applicable health plan.

  • Fiduciary Claim Certified As Class Proceeding .................................................

  • The Underwriter shall pay, on behalf of the Insureds, Loss from any Fiduciary Claim first made against the Insureds during the Policy Period or applicable Extended Reporting Period, for a Wrongful Act committed or allegedly committed by such Insureds, or by any person for whose Wrongful Acts the Insureds are legally responsible; provided, that such Fiduciary Claim is reported to the Underwriter in accordance with Section VII of this Coverage Section.

  • Note (claim less than $500): If the claim is less than $500, then the Estate Representative should consider preparing and filing the probate form titled Application for Allowance of Fiduciary Claim (HCPF 079).

Related to Fiduciary Claim

  • Fiduciary has the meaning set forth in ERISA Sec. 3(21).

  • 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.

  • Fiduciary Indemnified Person means each of the Institutional Trustee (including in its individual capacity), the Delaware Trustee (including in its individual capacity), any Affiliate of the Institutional Trustee or the Delaware Trustee, and any officers, directors, shareholders, members, partners, employees, representatives, custodians, nominees or agents of the Institutional Trustee or the Delaware Trustee.

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

  • Released Person means any person who is released on bail or on his personal bond, as the case may be;

  • Necessary Claims means claims of any patent or patent application, other than design patents and design registrations, in any jurisdiction in the world: (a) for which a GAIN POC Member has the right, at any time when this Policy is effective, to grant licenses or rights of the nature granted herein without such grant resulting in payment of royalties or other consideration to third parties (except for payments to Related Entities or employees); and (b) that are necessarily infringed by Compliant Portions of a particular Implementation. A claim is necessarily infringed hereunder only when such infringement could not have been avoided by another commercially reasonable non- infringing implementation of Compliant Portion(s) of that particular Implementation based on the state of the art when the applicable Final Specification is/was deemed final (or when the Implementers Draft was approved, as applicable), in accordance with the applicable OpenID Process. “Necessary Claims” do not, however, include any claims of any patent or patent application that read on: (x) any enabling technologies that may be necessary to make or use any product or service (or portion of either) that complies with an Implementers Draft or Final Specification, but that are not themselves expressly set forth in such Implementers Draft or Final Specification; (y) the implementation of other published standards not developed by or for the OpenID Foundation; or (z) any portion(s) of any product or service (or any combination of such portion(s)) the sole purpose or function of which is not required to comply with an Implementers Draft or Final Specification.;

  • 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.

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

  • 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.

  • 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.

  • Exposed person means any person wholly or partially in a danger zone;

  • Family relationship means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter B, Chapter 573, Texas Government Code.

  • Exculpated Party means, collectively, and in each case in its capacity as such: (a) the Debtors;

  • Supervised Person means directors, officers and partners of an Adviser (or other persons occupying a similar status or performing similar functions), employees of an Adviser, and any other person who provides advice on behalf of an Adviser and is subject to the Adviser’s supervision and control.

  • 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.

  • Covered claim means the following:

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

  • Asbestos claim means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including:

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

  • 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.

  • Named Fiduciary means the Fiduciary or Fiduciaries named herein or in the Adoption Agreement who jointly or severally have the authority to control and manage the operation and administration of the Plan.

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

  • De Minimis Claim has the meaning set forth in Section 7.4(a).

  • General Administrative Claim means any Administrative Claim, including Cure Claims, other than a Professional Fee Claim.

  • Creditor has the meaning set forth in Section 3.3.

  • Other Priority Claim means any Claim other than an Administrative Claim or a Priority Tax Claim entitled to priority in right of payment under section 507(a) of the Bankruptcy Code.