Holdback Claims definition

Holdback Claims means any Group Creditor Claim that:
Holdback Claims has the meaning given in the LTD DOCA;‌
Holdback Claims has the meaning set forth in Section 2.6(f)(i).

Examples of Holdback Claims in a sentence

  • Without prejudice to Clause 9.7 (Postponement of Holdback Claims), a Group Creditor asserting a Security Interest will therefore be a Holdback Creditor unless and until the Determined Value of its Security Interest has been determined in accordance with this Clause 6.10.

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  • Without prejudice to Clause 9.7 (Postponementof Holdback Claims), a Group Creditor asserting a Security Interest will therefore be a Holdback Creditor unless and until the Determined Value of its Security Interest has been determined in accordance with this Clause 6.10.

  • This ratio has been determined after deducting a holdback of $3 million in value of Fiserv shares, which will be placed in escrow to cover Holdback Claims.

  • Without prejudice to Clause 9.7(Postponement of Holdback Claims), when calculating the DOCA Creditor Entitlements of each Group Creditor and making the EPM Entitlements Notification the Deed Administrators will provisiona lly assume that each Holdback Creditor’s Holdback Claim will be admitted to proof in full as an Unsecured Debt pursuant to the Claims Determination Process.

  • The Deed Administrators will have the discretion (acting reasonably and in good faith) to delay the distribution of DOCA Creditor Entitlements to a Group Creditor provided that such DOCA Creditor Entitlements are held by the Holding Period Trustee for and on behalf of the relevant Group Creditor until such time that all of that Group Creditor’s Holdback Claims have been finally determined as Admitted Group Claims and, if relevant, adjusted in accordance with clause9.7(e) below.

  • If Seller affirmatively disputes the validity of the Holdback Claim within the Seller Response Period by delivery of written notice of such dispute to Purchaser and Escrow Agent on or before the expiration of the Seller Response Period, Purchaser may then commence litigation in a court of competent jurisdiction located in Xxxxxx County, Texas with respect to all such Holdback Claims (if any) prior to that date that is thirty (30) days after the expiration of the Seller Response Period.

  • Within ten (10) days after all Allowed Holdback Claims have been paid in full and the Liquidation Trustee believes that all Wind- Down Costs have been accounted for and paid, the Liquidation Trustee must transfer any unused portion of the Wind-Down Reserve to the general account of the Liquidation Trust to be administered in accordance with the applicable provisions of the Liquidation Trust Agreement and the Plan.Professional Claim Reserve.

  • Without prejudice to Clause 9.7 (Postponement of Holdback Claims), when calculating the DOCA Creditor Entitlements of each Group Creditor and making the EPM Entitlements Notification the Deed Administrators will provisionally assume that each Holdback Creditor’s Holdback Claim will be admitted to proof in full as an Unsecured Debt pursuant to the Claims Determination Process.

  • The Seller acknowledges that the Holdback Shares are not being issued to the Seller on the Completion Date so that the value of the Holdback Shares can be applied to satisfy any Determined Holdback Claims that arise during the Holdback Period.


More Definitions of Holdback Claims

Holdback Claims shall have the meaning set forth in Section 12.5.
Holdback Claims has the meaning set forth in Section 1.4(c)(i).
Holdback Claims means all Administrative Claims (other than Professional Claims), Priority Tax Claims, Priority Non-Tax Claims, General Secured Claims, General Contractor Secured Claims and Subcontractor Secured Claims, which Claims, to the extent Allowed, will be paid with Cash in the Wind-Down Reserve.

Related to Holdback Claims

  • Holdback Amount has the meaning set forth in Section 2.06(a).

  • Indemnity Escrow Amount means $5,000,000.

  • Indemnity Escrow Fund means the Indemnity Escrow Amount deposited with the Escrow Agent, as such sum may be increased or decreased as provided in this Agreement and the Escrow Agreement, including any remaining interest or other amounts earned thereon.

  • Indemnification Escrow Amount has the meaning set forth in Section 2.2(b).

  • Holdback has the meaning set forth in Section 4.1(d)(i).

  • Escrow Amount has the meaning set forth in Section 2.1(c).

  • Escrow Fund means the escrow fund established pursuant to the Escrow Agreement.

  • Unresolved Claims shall have the meaning set forth in Section 9.6(b).

  • Indemnification Escrow Fund has the meaning set forth in Section 2.12(a).

  • Tax Claims means any Claim against the Participating CCAA Parties (or any one of them) for any Taxes in respect of any taxation year or period ending on or prior to the applicable Filing Date, and in any case where a taxation year or period commences on or prior to the applicable Filing Date, for any Taxes in respect of or attributable to the portion of the taxation period commencing prior to the applicable Filing Date and up to and including the applicable Filing Date. For greater certainty, a Tax Claim shall include, without limitation, (a) any and all Claims of any Taxing Authority in respect of transfer pricing adjustments and any Canadian or non- resident Tax related thereto, and (b) any Claims against any BL/Wabush Released Party in respect of such Taxes;

  • Holdback Shares has the meaning set forth in Section 2.5(b)(v).

  • Escrow Cash is defined in Section 4.1(a).

  • Indemnity Escrow Account has the meaning set forth in Section 2.3(c).

  • Settled Claims means any and all claims, debts, demands, rights or causes of action or liabilities whatsoever (including, but not limited to, any claims for damages, interest, attorneys’ fees, expert or consulting fees, and any other costs, expenses or liability whatsoever), whether based on federal, state, local, statutory or common law, or any other law, rule or regulation, whether foreign or domestic, fixed or contingent, accrued or unaccrued, liquidated or unliquidated, at law or in equity, matured or unmatured, foreseen or unforeseen, whether class or individual in nature, including both known claims and Unknown Claims (as defined below), (i) that have been asserted in this Action by the Class Members or any of them against any of the Released Parties (whether pleaded in the Complaint or not), or (ii) that could have been asserted from the beginning of time to the end of time in any forum by the Class Members or any of them against any of the Released Parties, which arise out of, relate in any way to, or are based upon the allegations, transactions, facts, matters or occurrences, representations or omissions involved in, set forth in, or referred to, or that could have been asserted in the Complaint and relate to the purchase, sale, transfer or acquisition of securities of Priceline.com during the Class Period, or any actions, representations or omissions that were alleged or might have been alleged to affect the price of publicly traded securities of Priceline.com during the Class Period. Notwithstanding the prior sentence, “Settled Claims” does not include any claims Class Members may have against Deloitte in its capacity as the

  • Agreed Claims shall have the meaning set forth in Section 8.6(c).

  • Indemnity Escrow Agreement has the meaning set forth in Section 1.5.

  • Professional Fee Escrow Amount means the aggregate amount of Professional Fee Claims and other unpaid fees and expenses Professionals estimate they have incurred or will incur in rendering services to the Debtors prior to and as of the Confirmation Date, which estimates Professionals shall deliver to the Debtors as set forth in Article II.C hereof.

  • Rejection Damages Claim means any Claim on account of the rejection of an Executory Contract or Unexpired Lease pursuant to section 365 of the Bankruptcy Code.

  • Intercompany Claims means, collectively, any Claim held by a Debtor against another Debtor or an Affiliate of a Debtor or any Claim held by an Affiliate of a Debtor against a Debtor.

  • Disputed Claims Reserve means a reserve of Cash that may be funded on or after the Effective Date pursuant to Article VII.E hereof.

  • Section 510(b) Claims means any Claim against a Debtor arising from rescission of a purchase or sale of an equity security of the Debtors or an Affiliate of the Debtors for damages arising from the purchase or sale of such an equity security or for reimbursement or contribution allowed under section 502 of the Bankruptcy Code on account of such a Claim.

  • DIP Claims means, collectively, the DIP ABL Claims and the DIP Term Loan Claims.

  • Indemnified Claims shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor’s subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard.

  • Covered Claims Claim" means any claim, dispute or controversy between you and us that in any way arises from or relates to this Agreement, the Account, the issuance of any Card, any rewards program, any prior agreement or account. "Claim" includes disputes arising from actions or omissions prior to the date any Card was issued to you, including the advertising related to, application for or approval of the Account. "Claim" has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). "Claim" does not include disputes about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the prohibition against class proceedings, private attorney general proceedings and/or multiple party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the last sentence of Paragraph C.13 and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. 4. Starting an Arbitration: Arbitration may be elected by any party with respect to any Claim, even if that party has already initiated a lawsuit with respect to a different Claim. Arbitration is started by giving a written demand for arbitration to the other party. We will not demand to arbitrate an individual Claim that you bring against us in small claims court or your state’s equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to demand arbitration. 5. Choosing the Administrator: "Administrator" means the American Arbitration Association ("AAA"), 000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, xxx.xxx.xxx; JAMS, 000 Xxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, xxx.xxxxxxx.xxx; or any other company selected by mutual agreement of the parties. If both AAA and JAMS cannot or will not serve and the parties are unable to select an Administrator by mutual consent, the Administrator will be selected by a court. The arbitrator will be appointed by the Administrator in accordance with the rules of the Administrator. However, the arbitrator must be a retired or former judge or a lawyer with at least 10 years of experience. You get to select the Administrator if you give us written notice of your selection with your notice that you are electing to arbitrate any Claim or within 20 days after we give you notice that we are electing to arbitrate any Claim (or, if you dispute our right to require arbitration of the Claim, within 20 days after that dispute is finally resolved). If you do not select the Administrator on time, we may do it. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any Administrator that has in place a formal or informal policy that is inconsistent with the Class Action Waiver. 6.

  • Deficiency Claim Amount has the meaning set forth in Section 5.5(a).

  • AWR Claim means any complaint or claim to a tribunal or court made by or on behalf of the Agency Worker against the Hirer and/or the Employment Business for any breach of the AWR;