Litigation Trust Claims definition

Litigation Trust Claims means: (a) any claims and causes of action of the Debtors against the Insiders (as defined in section 101(31) of the Code) of Med; (b) the CCG Insider Avoidance Actions; (c) the Other Recovery Rights; and (d) the Transferred Claims.

Litigation Trust Claims means any Causes of Action that have been or may be asserted by or on behalf of: (a) SFC against any and all third parties; or (b) the Trustees (on behalf of the Noteholders) against any and all Persons in connection with the Notes issued by SFC; provided, however, that in no event shall the Litigation Trust Claims include any (i) claim, right or cause of action against any Person that is released pursuant to Article 7 hereof or (ii) any Excluded Litigation Trust Claim. For greater certainty: (x) the claims being advanced or that are subsequently advanced in the Class Actions are not being transferred to the Litigation Trust; and(y) the claims transferred to the Litigation Trust shall not be advanced in the Class Actions.

Litigation Trust Claims means any and all claims, actions, causes of action, demands, suits, rights, entitlements, litigation, arbitration, proceeding, hearing or complaint, whether known or unknown, reduced to judgment or not reduced to judgment, liquidated or unliquidated, contingent or non-contingent, matured or unmatured, disputed or undisputed, secured or unsecured, assertable directly or derivatively, in law, equity or otherwise, based in whole or in part upon any act or omission or other event occurring before or after the Filing Date that have been or may be asserted by or on behalf of: (i) SFC against any and all third parties; or (ii) the Trustees, the Noteholders or any representative of the Noteholders against any and all Persons in connection with the Notes issued by SFC; provided, however, that in no event shall the Litigation Trust Claims include any claim, right or cause of action against any Person that is released pursuant to Article 7 hereof. For greater certainty: (i) the claims being advanced or that are subsequently advanced in the Class Actions are not being transferred to the Litigation Trust; and (ii) the claims transferred to the Litigation Trust shall not be advanced in the Class Actions.

Examples of Litigation Trust Claims in a sentence

• If such a Med Plan is not so confirmed, then all existing common stock of CDSI shall be deemed canceled and New CDSI Common Stock shall be issued to the Bank, or an Entity designated by the Bank, in satisfaction of its Allowed Claims in Class A-1.1.In addition to the treatment provided above, the Bank will receive any net recoveries obtained by the Litigation Trust on account of the Litigation Trust Claims, after the CCG Note, the CDSI Note, the CCS Note, and the Med Note have been repaid.

• As soon as practicable after the Effective Date, the Debtors shall transfer to the SCC Litigation Trustee for the benefit of the SCC Litigation Trust Beneficiaries all documents (or copies thereof) in the Debtors’ possession, custody, or control in connection with the SCC Litigation Trust Claims.

• The SCC Litigation Trust shall be established as a statutory trust for the purpose of pursuing the SCC Litigation Trust Claims, liquidating all assets of the SCC Litigation Trust for the benefit of the SCC Litigation Trust Beneficiaries, receiving all SCC Litigation Trust Claim recoveries, and distributing the resulting SCC Litigation Trust Proceeds and other Cash of the SCC Litigation Trust to the SCC Litigation Trust Beneficiaries after payment of all expenses of the SCC Litigation Trust.

• Pursuant to the Confirmation Order, on the Effective Date, the Debtors will irrevocably assign, transfer and convey to the Litigation Trust the Litigation Trust Claims.

• On the Effective Date, or as soon thereafter as practicable, the Litigation Trust Claims shall be irrevocably assigned, transferred and conveyed to the Litigation Trust.

More Definitions of Litigation Trust Claims

Litigation Trust Claims means the Claims and Causes of Action that are identified in the Litigation Trust Agreement as Litigation Trust Claims, but in no event shall a Litigation Trust Claim include any Claim or Cause of Action that is released pursuant to Section 14.2 of the Plan.

Litigation Trust Claims means, collectively, those Litigation Trust Claims (as defined in the Plan) set forth on Schedule 1 hereto.

Litigation Trust Claims means the Parent Litigation Claims and the Avoidance Actions.

Litigation Trust Claims means, collectively, (a) any of the Debtors’ or their Estates’ Causes of Action against Unreleased Debtor Parties to the extent not encompassed within the Estate Accounting-Related Causes of Action or Business Causes of Action and (b) Avoidance Actions, in each case, that the Creditors’ Committee determines, in its sole discretion, will be assigned to the Litigation Trust, but in no event shall a Litigation Trust Claim include any Claim or Cause of Action that is released pursuant to Sections 12.8 or 12.9 of the Plan or Causes of Action that may be brought by individual Noteholders, the Notes Trustee, individual unsecured creditors, the Secured Credit Agreement Administrative Agent or individual Secured Lenders on their respective own behalves. Notwithstanding anything to the contrary, any Preference Actions against Persons that are not “insiders” of the Debtors (as defined in the Bankruptcy Code) shall be waived as of the Effective Date and shall not be pursued by the Litigation Trust or any other party. For the avoidance of doubt, the Creditors’ Committee or the Litigation Trustee (as applicable) shall determine, in its sole discretion, whether Avoidance Actions (including Preference Actions) or any other Litigation Trust Claims against “insiders” of the Debtors shall be pursued or waived (to the extent not released pursuant to Sections 12.8 or12.9 of this Plan).

Litigation Trust Claims means any and all claims of the Debtor’s estate against Insiders, Choice Logistics Group, LLC, and Xpedited Svcs, LLC, and any and all Chapter 5 avoidance actions.

Litigation Trust Claims means: (i) all Causes of Action (including Avoidance Actions) against GSO and the ITLA Agent, (ii) all Causes of Action (including Avoidance Actions) arising out of, or related to, the Prepetition ABL Term Loan Agreement and/or the ITLA solely against the Prepetition ABL/Term Loan Agent, the Prepetition ABL/Term Loan Lenders, the ITLA Lenders, the ITLA Agent and each of their Related Persons, and (iii) D&O Claims.

Litigation Trust Claims means the Designated Causes of Action that the Debtors or their Estates may have against (i) the Non-Released Debtor D&Os and (ii) solely as to aiding and abetting breach of fiduciary duty claims or aiding and abetting fraud claims, any other Person that is not a Released Party.