Plan of Allocation means the proposed plan of allocation of the Net Settlement Fund set forth in the Notice.
Settlement Class Members means a Person(s) who falls within the definition of the Settlement Class.
Settlement Class means, in respect of each Proceeding, the settlement class defined in Schedule A.
Settlement Classes means all Persons included in the Electrolytic Settlement Classes and the Film Settlement Classes.
Settled Claims means any and all claims, debts, demands, rights or causes of action or liabilities (including, but not limited to, any claims for damages, interest, attorneys’ fees, expert or consulting fees, and any other costs, expenses or liability), whether based on United States 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, without limitation, both known claims and Unknown Claims (as defined below) (i) that have been asserted in the Action by Lead Plaintiff and 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 in the Action or in any forum by Lead Plaintiff and the Class Members or any of them against any of the Released Parties, which arise out of any of the claims, allegations, activities, press releases or public statements set forth in the Complaint and relate to the purchase, sale, transfer or acquisition of the publicly traded common stock of Superior during the Class Period, or any actions, representations or omissions that were alleged or might have been alleged to affect the price of any publicly traded common stock of Superior during the Class Period. For the avoidance of doubt, Settled Claims do not include derivative claims against the Individual Defendants which are the property of Superior’s bankruptcy estate, including but not limited to claims asserted in Barbara Fontenelle, deriva- tively on behalf of Nominal Defendant Superior Offshore International, Inc., Cause No. 2008-16760, filed in the 234th Judicial District of Harris County, Texas and Gary Pearlman, derivatively on behalf of Nominal Defendant Superior Offshore International, Inc., Civil Action No. H-08-0740, filed in the Southern District of Texas, Houston Division.
Settlement Class Counsel means the law firm of Xxxxxx Xxxxxx Xxxxx Xxxxxxx LLP.
Settlement Class Member means a member of a Settlement Class.
Released Class Claims means the claims being released as described in Paragraph 6.2 below.
Disputed Amounts has the meaning set forth in Section 2.04(c)(iii).
Class Members means all individuals in the Settlement Class, including the Class Representatives.
Final Allocation has the meaning set forth in Section 2.3.
Disputed Claims Reserve means a reserve of Cash that may be funded on or after the Effective Date pursuant to Article VII.E hereof.
Settlement Class Period means the period from and including January 1, 2000 through July 20, 2021.
Undisputed Amounts has the meaning set forth in Section 2.04(c)(iii).
Required Class Lenders means, with respect to any Class on any date of determination, Lenders having more than 50% of the sum of (i) the outstanding Loans under such Class and (ii) the aggregate unused Commitments under such Facility; provided that the unused Commitments of, and the portion of the outstanding Loans under such Class held or deemed held by, any Defaulting Lender shall be excluded for purposes of making a determination of the Required Class Lenders; provided, further, that, to the same extent set forth in Section 10.07(n) with respect to determination of Required Lenders, the Loans of any Affiliated Lender shall in each case be excluded for purposes of making a determination of Required Class Lenders.
Intercompany Claim means any Claim held by a Debtor against another Debtor.
Disallowed Claim means (a) a Claim, or any portion thereof, that has been disallowed by a Final Order or a settlement, (b) a Claim or any portion thereof that is Scheduled at zero or as contingent, disputed, or unliquidated and as to which a proof of claim bar date has been established but no proof of claim has been timely filed or deemed timely filed with the Bankruptcy Court pursuant to either the Bankruptcy Code or any Final Order of the Bankruptcy Court or otherwise deemed timely filed under applicable law, or (c) a Claim or any portion thereof that is not Scheduled and as to which a proof of claim bar date has been established but no proof of claim has been timely filed or deemed timely filed with the Bankruptcy Court pursuant to either the Bankruptcy Code or any Final Order of the Bankruptcy Court or otherwise deemed timely filed under applicable law.