Offensive Claim definition

Offensive Claim means any claim by the Administrators and/or the Deed Company, including for the avoidance of doubt, any Assigned Related DOCA Claims that the Administrators and/or the Deed Company may have from the Restructuring Effective Date against a creditor in the ADGM court or any other competent court or tribunal (i) with a value of $50,000,000 or more, and/or (ii) which exceeds the value of the creditor’s claim, and/or (iii) involves fraudulent trading claims (under section 251 of the ADGM Insolvency Regulations 2015) and/or allegations of dishonesty, wilful default or recklessness indifference on the part of the creditor to the falsity of any statements made or as to illegality of any acts or omissions by the creditor or by others and/ or such conduct on the part of other persons for which the creditor is vicariously liable;
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Examples of Offensive Claim in a sentence

  • Failure to notify a Group Creditor of an Offensive Claim in accordance with Clause 6.11(a) will not prevent the Administrators or the Deed Company from pursuing an Offensive Claim at a later point in time.

  • The latest EFSA-ECDC Rapid Outbreak Assessment on a “Multi-country outbreak of multiple Salmonella enterica serotypes linked to imported sesame-based products” was presented.

  • The Pledging Entity, in its sole discretion, shall determine the manner and terms, if any, by which rights under Pledged Patent Claims may be extended or re-extended to such Pledge Recipient after such Pledge Recipient’s Offensive Claim is permanently dismissed, terminated or withdrawn in writing.

  • Failure to notify a Group Creditor of an Offensive Claim in accordance with this Clause 6.11(a) will not prevent the Administrators or the Deed Company from pursuing an Offensive Claim at a later point in time.

  • If a Pledge Recipient or its Affiliate, as applicable, permanently withdraws the Lawsuit or other proceeding within sixty (60) days of being notified in writing that such Lawsuit or other proceeding constitutes an Offensive Claim that could result in Permitted Termination, then such Lawsuit or other proceeding shall not constitute an “Offensive Claim” nor act as cause for a Permitted Termination.

Related to Offensive Claim

  • Fee Claim means a Claim for Accrued Professional Compensation.

  • Urgent Care Claim means a claim for medical care or treatment where making a non-urgent care decision: (a) could seriously jeopardize the life or health of the claimant or the ability of the claimant to regain maximum function, as determined by an individual acting on behalf of the plan applying the judgment of a prudent layperson who possesses an average knowledge of health and medicine; or (b) in the opinion of a physician with knowledge of the claimant’s medical condition, would subject the claimant to severe pain that cannot be adequately managed without the care.

  • Professional Fee Claim means a Claim by a professional seeking an award by the Bankruptcy Court of compensation for services rendered or reimbursement of expenses incurred through and including the Confirmation Date under sections 330, 331, 503(b)(2), 503(b)(3), 503(b)(4), or 503(b)(5) of the Bankruptcy Code.

  • Clean Claim means a claim that:

  • Secured Claim means a Claim that is secured by a Lien on property in which any of the Debtors’ Estates have an interest or that is subject to setoff under section 553 of the Bankruptcy Code, to the extent of the value of the Claim holder’s interest in such Estate’s interest in such property or to the extent of the amount subject to setoff, as applicable, as determined pursuant to section 506(a) of the Bankruptcy Code or, in the case of setoff, pursuant to section 553 of the Bankruptcy Code.

  • Professional Claim means an Administrative Claim of a Professional for compensation for services rendered or reimbursement of costs, expenses, or other charges and disbursements incurred relating to services rendered or expenses incurred after the Petition Date and prior to and including the Confirmation Date.

  • Administrative Claim means a Claim for costs and expenses of administration of the Estates under sections 503(b), 507(a)(2), 507(b), or 1114(e)(2) of the Bankruptcy Code, including: (a) the actual and necessary costs and expenses incurred on or after the Petition Date of preserving the Estates and operating the businesses of the Debtors; (b) Allowed Professional Fee Claims in the Chapter 11 Cases; and (c) all fees and charges assessed against the Estates under chapter 123 of title 28 of the United States Code, 28 U.S.C. §§ 1911-1930.

  • 503(b)(9) Claim means a Claim or any portion thereof entitled to administrative expense priority pursuant to section 503(b)(9) of the Bankruptcy Code.

  • Professional Fee Claims means all Claims for accrued, contingent, and/or unpaid fees and expenses (including transaction and success fees) incurred by a Professional in the Chapter 11 Cases on or after the Petition Date and through and including the Confirmation Date that the Bankruptcy Court has not denied by Final Order. To the extent that the Bankruptcy Court or any higher court of competent jurisdiction denies or reduces by a Final Order any amount of a Professional’s fees or expenses, then those reduced or denied amounts shall no longer constitute Professional Fee Claims.

  • IPR Claim means any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of any IPR, used to provide the Services or as otherwise provided and/or licensed by the Supplier (or to which the Supplier has provided access) to the Authority in the fulfilment of its obligations under this Framework Agreement;

  • 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;

  • Priority Claim means a Claim that is entitled to priority in payment pursuant to section 507(a) of the Bankruptcy Code that is not an Administrative Claim or a Priority Tax Claim.

  • Allowed Administrative Claim means an Allowed Claim that is an Administrative Claim.

  • Third Party IP Claim has the meaning given to it in clause E8.7 (Intellectual Property Rights).

  • Prospective Client means any person or entity to which the Corporation, or any of its Subsidiaries, provided, or from which the Corporation, or any of its Subsidiaries received, a proposal, bid, or written inquiry (general advertising or promotional materials and mass mailings excepted) and with which the Participant had contact, or about which the Participant had access to Confidential Information, during the last twelve (12) months of his or her employment.

  • Asbestos claim means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including:

  • Administrative Claim Bar Date means the deadline for filing requests for payment of Administrative Claims, which shall be 30 days after the Effective Date.

  • 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.

  • Infringement Claim means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright.

  • Administrative Claims Bar Date means the deadline for Filing requests for payment of Administrative Claims, which: (a) with respect to Administrative Claims other than Professional Fee Claims, shall be 30 days after the Effective Date; and (b) with respect to Professional Fee Claims, shall be 45 days after the Effective Date.

  • Third Party Infringement Claim has the meaning set forth in Section 6.4.

  • Juvenile offender means any juvenile who has been found by

  • Covered claim means the following:

  • Third Person Claim has the meaning specified in Section 11.4(a).

  • third party proceeding means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, other than an action by or in the right of the corporation.

  • Rejection Claim means a Claim arising from the rejection of an Executory Contract or Unexpired Lease pursuant to section 365 of the Bankruptcy Code.