Indirect Asbestos Claim definition

Indirect Asbestos Claim means (i) any Claim based on a right of contribution, reimbursement, subrogation, or indemnity (as those terms are defined by the non-bankruptcy law of any relevant jurisdiction) arising out of or based on an Asbestos Personal Injury Claim, another Indirect Asbestos Claim or an Unknown Asbestos Claim, (ii) any other derivative or indirect Claim of any kind whatsoever, whether in the nature of or sounding in contract, tort, warranty or any other theory of law, equity or admiralty, by reason of an Asbestos Personal Injury Claim, another Indirect Asbestos Claim or an Unknown Asbestos Claim (including, without limitation, any Claim (A) for attorneys' fees arising or incurred in connection with any Asbestos Personal Injury Claim, another Indirect Direct Asbestos Claim, an Unknown Asbestos Claim or an Asbestos Insurance Action or (B) arising out of or based on the rejection of any executory contract related to or involving asbestos), and (iii) any Claim arising out of Asbestos Insurance Policies or settlement agreements related thereto, in each case other than ABI Asbestos Claims or Asbestos Property Damage Claims.
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Indirect Asbestos Claim means any cross-claim, contribution claim, subrogation claim, reimbursement claim, indemnity claim, guaranty claim, or other similar indirect Claim, Demand, or Cause of Action, arising in any jurisdiction around the world, against any Protected Party, whether or not such Claim, Demand, or Cause of Action is or has been reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured, whether or not the facts of or legal bases therefor are known or unknown, and whether in the nature of or sounding in tort, or under contract or implied by law (as governed by the applicable non-bankruptcy law), statutory right, warranty, guaranty, contribution, joint liability, joint and several liability, conspiracy, subrogation, reimbursement, or indemnity, or any other theory of law, equity, or admiralty, whether based on statute, treaty, regulation, restatement or common law, whatsoever (including, without limitation, any Claim, Demand, or Cause of Action based upon a legal or equitable theory of liability in the nature of veil piercing, alter ego, successor liability, vicarious liability, mere continuation, fraudulent transfer or conveyance, or conspiracy, upon which any of the Non-Debtor Affiliates are liable or are alleged to be liable), for, attributable to, arising out of, in connection with, based upon, or resulting from, directly or indirectly, death, bodily injury, sickness, disease, other personal or emotional injuries to Persons caused, or allegedly caused, directly or indirectly, by the sale of, manufacture of, presence of, or exposure to, Asbestos Containing Products.
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Indirect Asbestos Claim means (i) any Claim based on a right or contribution, reimbursement, subrogation, indemnity, or verile share (as those terms are defined by thenon-bankruptcy law of any relevant jurisdiction) arising in connection with or by reason of or related to a direct Asbestos Claim or another Indirect Asbestos Claim, (ii) any other derivative or indirect Claim of any kind whatsoever, whether in the nature of or sounding in contract, tort, warranty or any other theory of law, equity or admiralty, arising in connection with or by reason of or related to a direct Asbestos Claim or another Indirect Asbestos Claim (including without limitation any Claim (A) for attorneys fees arising or incurred in connection with any direct Asbestos Claim, another Indirect Asbestos Claim or an Asbestos Insurance Action or (B) arising in connection with or related to the rejection of any Executory Contract related to or involving asbestos), and (iii) any Claim arising out of Asbestos Insurance Policies or settlement agreements related thereto.
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Examples of Indirect Asbestos Claim in a sentence

  • Notwithstanding any contrary provisions of Applicable Law, an Indirect Asbestos Claim pursued under this Section 9.4 shall not be limited, lost or extinguished in any fashion by virtue of an Indirect Claimant’s settlement with a Direct Claimant reached after a contested trial in the Underlying Litigation resulting in at a minimum a verdict or jury or court fact-finding regarding an individual Direct Claimant’s injury and entitlement to compensatory damages.

  • If a negotiated resolution of an Indirect Asbestos Claim cannot be reached, such Indirect Asbestos Claim shall be decided by binding arbitration under Section 7.10 of these Claims Procedures.

  • However, no Indirect Asbestos Claim shall exit to the tort system.

  • In cases where the Direct Claimant has waived his or her right to proceed against the Trust, introduction by the Direct Claimant of evidence of his or her exposure to Celotex asbestos or asbestos-containing material shall create a rebuttable presumption of exposure sufficient under Section 7.1 to establish a valid claim when the Indirect Asbestos Claim is presented to the Trust.

  • Further, the liquidated value of any Indirect Asbestos Claim paid by the Plan Trust to an Indirect Claimant shall be treated as an offset to or reduction of the full liquidated value of any Plan Trust PI Asbestos Claim that might be subsequently asserted by the Direct Claimant against the Plan Trust.

  • Form 15.9 is a sample contractor’s agreement, and Form 15.10 is a sample architect’s agreement.§ 15:6.6 HILLMAN ON COMMERCIAL LOAN DOCUMENTATION § 15:6.6 Sale of Individual Units2nd Proofs 05/26/17The borrower’s ultimate goal may be to sell off individual lots or completed units.

  • In addition, no Indirect Asbestos Claim may be liquidated and paid in an amount that exceeds the amount that the holder of the Indirect Asbestos Claim has actually paid to the direct claimant, and the liquidated value of any Indirect Asbestos Claim paid by the Plan Trust to the holder thereof shall be treated as an offset to or reduction of the full liquidated value of any Plan Trust PI Asbestos Claim that might be subsequently asserted by the direct claimant against the Plan Trust.

  • Any Claim arising from the rejection of an Executory Contract that is not an administrative claims processing agreement is classified and shall be treated as a General Unsecured Claim against the Debtor unless such Claim would otherwise fall within the definition of General Asbestos Claim and/or Indirect Asbestos Claim.

  • Column 4 adds controls for gender, race, and foreign-born status, which reduce the coe cient on import exposure by about one- fth.

  • The term "Asbestos Claims" also includes the definitions of the following terms, as set forth in Section 1.2 of the Plan: ABI Asbestos Claim, Asbestos Personal Injury Claim, Asbestos Property Damage Claim, Asbestos Property Damage Contribution Claim, Indirect Asbestos Claim, and Unknown Asbestos Claim.


More Definitions of Indirect Asbestos Claim

Indirect Asbestos Claim means any Claim, remedy, liability, or Demand against (i) the Debtors, (ii) present affiliates and divisions of the Debtors, or (iii) former affiliates and divisions of the Debtors who are Protected Parties to the extent the Claim, remedy, liability, or Demand relate to the period of time during which the Debtors operated the respective affiliates or divisions, now existing or hereafter arising, whether or not such Claim, remedy, liability, or Demand is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured, whether or not the facts of or legal bases for such Claim, remedy, liability, or Demand are known or unknown, that is (i) (A) held by (I) any Entity (other than a director or officer entitled to indemnification pursuant to Section 12.5 hereof) who has been, is, or may be a defendant in an action seeking damages for (a) death, bodily injury, sickness, disease, or other personal injuries (whether physical, emotional, or otherwise) to the extent caused or allegedly caused, directly or indirectly, by exposure to asbestos or asbestos-containing products or (b) property damage, including but not limited to, the cost of inspecting, maintaining, encapsulating, repairing, decontaminating, removing, or disposing of asbestos or asbestos-containing products in buildings, other structures, or other property, to the extent caused or allegedly caused, directly or indirectly, by the presence of or exposure (whether prior to or after the Commencement Date) to asbestos or asbestos-containing products or things that are or were installed, engineered, designed, manufactured, fabricated, constructed, sold, supplied, produced, specified, selected, distributed, released, marketed, serviced, maintained, repaired, purchased, owned, occupied, used, removed, replaced, or disposed by the Debtors or an Entity for whose products or operations the Debtors allegedly have liability or for which the Debtors are otherwise allegedly liable, or (II) any assignee or transferee of such Entity, and (B) on account of alleged liability of the Debtors for reimbursement, indemnification, subrogation, or contribution of any portion of any damages such Entity has paid or may pay to the plaintiff in such action, or (ii) held by any Entity that is seeking reimbursement indemnification, subrogation, or contribution from the Debtors with respect to any surety bond, letter of credit, or other financial assuranc...
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Indirect Asbestos Claim means any Asbestos Personal Injury Claim or Asbestos Property Damage Claim for contribution, reimbursement, subrogation or indemnity (as those terms are defined by the non-bankruptcy law of any relevant jurisdiction) and any other derivative or indirect Asbestos Personal Injury Claim or Asbestos Property Damage Claim of any kind whatsoever, whether in the nature of or sounding in contract, tort, warranty or any other theory of law, equity or admiralty. Indirect Asbestos Claims shall expressly include Claims asserted by Rapid-American or Allied, all Wellington Claims and all deductibles, retrospective premium adjustments or other charges relating to any Asbestos Insurance Policy.
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Indirect Asbestos Claim means any Asbestos Claim or Demand against ACMC, the NGC Settlement Trust or the NGC Bodily Injury Trust based on a right of contribution, reimbursement, subrogation or indemnity (as those terms are defined by the non-bankruptcy law of any relevant jurisdiction), or any other indirect Claim of any kind whatsoever, whether in the nature of, sounding in or based on contract, tort, statute, warranty, equity, admiralty or any other theory arising out of or related to an Asbestos Claim, including but not limited to the Claims of the CCR and/or its constituent members for claim settlements made by the CCR on ACMC's behalf..
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Indirect Asbestos Claim means (i) any Claim based on a right or contribution, reimbursement, subrogation, indemnity, or verile share (as those terms are defined by the
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Related to Indirect Asbestos Claim

  • Asbestos means the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite.

  • Intercompany Claim means any Claim held by a Debtor against another Debtor.

  • Environmental Claims means any and all administrative, regulatory or judicial actions, suits, demands, demand letters, claims, liens, notices of noncompliance or violation, investigations or proceedings relating in any way to any Environmental Law.

  • Environmental Claim means any investigation, notice, notice of violation, claim, action, suit, proceeding, demand, abatement order or other order or directive (conditional or otherwise), by any Governmental Authority or any other Person, arising (i) pursuant to or in connection with any actual or alleged violation of any Environmental Law; (ii) in connection with any Hazardous Material or any actual or alleged Hazardous Materials Activity; or (iii) in connection with any actual or alleged damage, injury, threat or harm to health, safety, natural resources or the environment.

  • Claim means any claim, action, cause of action, demand, lawsuit, arbitration, inquiry, audit, notice of violation, proceeding, litigation, citation, summons, subpoena, or investigation of any nature, whether civil, criminal, administrative, regulatory or other, and whether at law, in equity or otherwise brought against an Indemnified Person.

  • Personal Injury means injury, other than "bodily injury", arising out of one or more of the following offenses:

  • Unknown Claims means any Released Plaintiffs’ Claims which any Lead Plaintiff or any other Settlement Class Member does not know or suspect to exist in his, her or its favor at the time of the release of such claims, and any Released Defendants’ Claims which any Defendant or any other Defendants’ Releasee does not know or suspect to exist in his, her, or its favor at the time of the release of such claims, which, if known by him, her or it, might have affected his, her or its decision(s) with respect to this Settlement. With respect to any and all Released Claims, the Parties stipulate and agree that, upon the Effective Date of the Settlement, Lead Plaintiffs and Defendants shall expressly waive, and each of the other Settlement Class Members and each of the other Defendants’ Releasees shall be deemed to have waived, and by operation of the Judgment or the Alternate Judgment, if applicable, shall have expressly waived, any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common law or foreign law, which is similar, comparable, or equivalent to California Civil Code §1542, which provides:

  • Direct threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The de- termination that a disabled veteran poses a direct threat shall be based on an individualized assessment of the in- dividual’s present ability to perform safely the essential functions of the job. This assessment shall be based on a reasonable medical judgment that re- lies on the most current medical knowledge and/or on the best available objective evidence. In determining whether an individual would pose a di- rect threat, the factors to be consid- ered include:

  • Tax Claim has the meaning set forth in Section 6.05.

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