Examples of Lender Action in a sentence
All Lender Class Members whose claims are not approved shall be barred from any participation in distributions from the Net Settlement Fund, but otherwise shall be bound by all of the terms of this Agreement and the settlement, including the terms of the Final Judgment and Order of Dismissal to be entered in the Lender Action and the releases provided for herein, and will be barred from bringing any action against the Released Parties concerning the Released Claims.
As shown in Table 2, the three PFIs issued a total of 116 sub-loans, including 99 from the credit line directly and 17 from the revolving fund.
Also excluded from the Class are any judicial officers presiding over the Lender Action and the members of his/her immediate families and judicial staff.
Any Person that fails to object in the manner prescribed herein shall be deemed to have waived his or her objections and will forever be barred from making any such objections in the Lender Action, unless otherwise excused for good cause shown, as determined by the Court.
The claims asserted in the First and Second Causes of Action in the Lender Action allege that the Defendants tortiously interfered with CORE’s performance under the Loan Agreements and induced their breach.
In the Lender Action, the Trust argues that the execution of the scheme, including the hoarding of the Elvis/Ali Proceeds and the formation of the Joint Venture, tortiously interfered with the Secured Lenders’ contract rights and induced CORE Entertainment’s breach.
Following remand to the California Court, the Defendants moved to dismiss or stay the Lender Action on forum non conveniens grounds.
Counts 5 and 6 substantially overlap with the breach of fiduciary duty claims asserted in Counts 3 and 4 and face the same inconsistencies with the Lender Action.
The substance of the Lender Action is that Fox acquired control of CORE Holdings and its affiliates, including CORE Media, through its control of the Joint Venture (CORE Holdings’ parent), triggering the Change of Control and Successor Obligor Clauses.
The circumstances surrounding the alleged scheme and the formation of the Joint Venture are common to both cases, form the basis of both sets of claims and will require the same evidence to prove or rebut.2. Claims relating to the Huff Judgment The allegations in the Lender Action do not directly concern the payment of the Huff Judgment.