Fiduciary Claim definition

Fiduciary Claim means any:
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.
Fiduciary Claim means: (1) a written demand for monetary, non-monetary or injunctive relief (including any request to toll or waive any statute of limitations); (2) a civil, criminal or arbitration proceeding for monetary, non-monetary or injunctive relief commenced by: (a) service of a complaint or similar pleading; (b) return of an indictment, information or similar document (in the case of a criminal proceeding); or (c) filing of a notice of charges or similar document; (3) a formal civil administrative or civil regulatory proceeding commenced by the filing of a notice of charges, formal investigative order or similar document; or (4) a written notice of commencement of a fact-finding investigation by the U.S.Department of Labor, the U.S. Pension Benefit Guaranty Corporation, or any similar governmental authority located outside the United States, including but not limited to, the Pensions Ombudsman appointed by the United Kingdom Secretary of State for Social Services, the United Kingdom Occupational Pensions Regulatory Authority, against an Insured for a Wrongful Act.

Examples of Fiduciary Claim in a sentence

  • The Insurer shall pay Loss on behalf of the Insureds resulting from a Fiduciary Claim first made against the Insureds during the Policy Period or Discovery Period, if applicable, for a Wrongful Act by the Insureds or by any person for whose Wrongful Acts the Insureds may be legally liable.

  • 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.

  • A Fiduciary Claim shall be deemed to have been first made at the earliest date of receipt by any Insureds or their agent of a written demand, criminal indictment or information, notice of charges or service of summons, subpoena or similar document commencing an investigation, lawsuit or proceeding against such Insureds.

  • 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.

  • Moreover, because the 2015 letter was not a Fiduciary Claim, any other claims, including the Innis lawsuit, are not Related Claims under the policies.

  • Design alternatives, versions, revisions and discarded potential options are not part of the BOM.

  • Liability The Insurer shall pay Loss on behalf of the Insureds resulting from a Fiduciary Claim first made against the Insureds during the Policy Period or Discovery Period, if applicable, for a Wrongful Act by the Insureds or by any person for whose Wrongful Acts the Insureds may be legally liable.

  • If there is covered Loss remaining to be paid for an Employment Practices Claim that is also a Fiduciary Claim after exhaustion of applicable Retentions, coinsurance and Limits of Liability otherwise applicable to Employment Practices Claims, coverage shall apply to such Loss as stated in this endorsement, provided that the Retention applicable under this endorsement shall be reduced by the amount of Retention already paid by the Insured in connection with the Employment Practices Claim.

  • The Insurer shall pay Loss on behalf of the Insureds resulting from a Fiduciary Claim first made against the Insureds during the Policy Period or Extended Reporting Period, if applicable, for a Wrongful Act by the Insureds or by any person for whose Wrongful Acts the Insureds are legally responsible.

  • The Estate Representative should consider preparing and filing the probate form titled Waiver and Consent (HCPF 080), and to the extent possible have all interested persons sign that form, and file it together with the Application for Allowance of Fiduciary Claim.


More Definitions of Fiduciary Claim

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.
Fiduciary Claim means any: (1) written demand for civil damages or other civil relief commenced by the receipt of such demand, including a demand to toll the running of a statute of limitations; or (2) civil proceeding, including a civil administrative or regulatory proceeding, or an arbitration or other alternative dispute proceeding, commenced by the service of a complaint, filing of a demand for arbitration, or similar pleading; or (3) civil administrative or regulatory proceeding commenced by the filing or service of a notice of charges or an investigation by the Department of Labor or Pension Benefit Guaranty Corporation.
Fiduciary Claim means: (1) a written demand for monetary, non-monetary or injunctive relief (including any request to toll or waive any statute of limitations or request for mediation); (2) a civil, criminal or arbitration proceeding for monetary, non-monetary or injunctive relief commenced by: (a) service of a complaint or similar pleading; (b) return of an indictment, information or similar document (in the case of a criminal proceeding); or (c) filing of a notice of charges or similar document; (3) a formal civil administrative or civil regulatory proceeding commenced by the filing of a notice of charges, formal investigative order or similar document; or (4) a written notice of commencement of a fact-finding investigation by the U.S.Department of Labor, the U.S. Pension Benefit Guaranty Corporation, or any similar governmental authority located outside the United States, including but not limited to, the Pensions Ombudsman appointed by the United Kingdom Secretary of State for Social Services, the United Kingdom Occupational Pensions Regulatory Authority, against an Insured for a Wrongful Act.

Related to Fiduciary Claim

  • Fiduciary has the meaning set forth in ERISA Section 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 efforts (including any and all actions associated with exploration and solicitation of financing/refinancing opportunities, sales or similar transactions, restructurings, the Chapter 11 Cases, formulation, preparation, dissemination, negotiation or filing of the Disclosure Statement or the Plan or any contract, instrument, release or other agreement or document created or entered into in connection with the Disclosure Statement or the Plan, the filing of the Chapter 11 Cases, the pursuit of confirmation of the Plan, the administration and implementation of the Plan, the issuance of the Series 2020 Note and the execution of 2020 Bond Documents, or the distribution of property under the Plan or any other related agreement; provided, however, that Exculpated Claims shall not include any act or omission that is determined in a Final Order to have constituted gross negligence, willful misconduct or fraud to the extent imposed by applicable non-bankruptcy law. For the avoidance of doubt, no Cause of Action, obligation or liability expressly established 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 a Claim that is not an Administrative Claim, a Priority Tax Claim, a Priority Claim, or a Secured Claim.

  • Administrative Claim means a Claim for costs and expenses of administration of the Chapter 11 Cases pursuant to 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 until and including the Effective Date of preserving the Estates and operating the Debtors’ businesses; (b) Allowed Professional Fee Claims; and (c) all payments afforded administrative expense treatment under the Backstop Agreement.

  • 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: (a) secured by a valid, perfected, and enforceable Lien on collateral to the extent of the value of such collateral, as determined in accordance with section 506(a) of the Bankruptcy Code or (b) subject to a valid right of setoff pursuant to section 553 of the Bankruptcy Code.

  • Covered Claim means either a Provider Covered Claim or Customer Covered Claim.

  • 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 Administrative Claim that is an Allowed 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.