Preserved Claims means all Causes of Action (including Avoidance Actions) of the Debtor or the Estate, but excluding all Causes of Action that are expressly waived, relinquished, released, compromised, or settled in the Plan, pursuant to the Confirmation Order, or pursuant to any other order of the Bankruptcy Court. The failure to specifically identify in the Disclosure Statement or the Plan any potential or existing Causes of Action as a Preserved Claim is not intended to and shall not limit the rights of the Plan Administrator to pursue any such Causes of Action. The Debtor expressly reserves all Causes of Action, other than those Causes of Action that are expressly waived, relinquished, released, compromised, or settled in the Plan, pursuant to the Confirmation Order, or pursuant to any other order of the Bankruptcy Court, as Preserved Claims for later adjudication, and no preclusion doctrine (including the doctrines of res judicata, collateral estoppel, judicial estoppel, equitable estoppel, issue preclusion, claim preclusion, and laches) shall apply to such Causes of Action as Preserved Claims on or after the Effective Date.
Preserved Claims means the Company Preserved Claims, the Settling Individual Preserved Claims, and the venBio Preserved Claims.
Preserved Claims has the meaning set forth in Section 11.2(b).
Examples of Preserved Claims in a sentence
For the avoidance of doubt, notwithstanding any release or exculpation provision contained herein, the Liquidation Trust may assert Causes of Action against Released Parties if such Causes of Action are Preserved Claims.
From and after the Effective Date, the County shall retain its exclusive right, power, and duty to administer the collection, prosecution, enforcement, settlement, or abandonment of the Preserved Claims in the County’s sole and absolute discretion.
For purposes of clarity, Releasor and its successors and assigns shall have no further rights to indemnification under Section 8 of the SPA other than claims against the Company Management Team and other than the Preserved Claims.
All Preserved Claims shall be preserved and shall vest in the County on the Effective Date, but only to the extent not expressly released pursuant to the Plan, the Confirmation Order, or any other order of the Bankruptcy Court.
Subject to the provisions of the Plan, the Plan Administrator may, but is not required to, pursue any Preserved Claims not otherwise released under the Plan, DIP Order or other Order of the Bankruptcy Court by informal demand and/or by commencing litigation.
More Definitions of Preserved Claims
Preserved Claims means (a) Claims or Causes of Action against any Entity that was the beneficiary of the repurchase, redemption or other satisfaction by any Debtor Entity of the HoldCo Convertible Notes prior to the Petition Date or (b) Preserved Tranche B-3 Claims.
Preserved Claims means any respective claims and defenses between Plaintiff’s Principal, on the one hand, and Resurgence, on the other hand, or vice versa, relating to compensation for services and clawback collection.
Preserved Claims means any and all Claims that are not (i) Covered Claims against Covered Parties or (ii) any other Claims that are released or enjoined pursuant to the Sale and Settlement Order. For avoidance of doubt, Preserved Claims shall include all (x) Claims against Former Officials, subject to Section 12.5 of the Plan, (y) all Claims against Former Professionals, subject to Section 12.5 of the Plan, and (z) Chapter 5 Actions against Non-Covered Parties.
Preserved Claims means (i) any and all claims, rights or defenses asserted, or that may be asserted, by Individual Defendants Jones, Davis and/or Webb against Benjamin Weinger and 3-Sigma Value Financial Opportunities LP, and any of its parents, subsidiaries, divisions, affiliates, associated entities, predecessors, predecessors-in-interest, successors, successors- in-interest, and assigns, in the action pending in the United States District Court for the District of South Carolina, Greenville Division, styled Milton Jones, Jr., et al.
Preserved Claims means: (i) any claim notified in writing by one Party to the other Party prior to the date falling one year after the Commencement Date and which arises out of circumstances which are not known and could not reasonably have been known by the notifying Party as at the date hereof; and (ii) any claim in relation to the arbitration notified to the [*] in respect of a dispute regarding a [*] pursuant to a LIFFE contract; (iii) any claims in relation to the [*] arbitrations (arising, respectively, in [*]) arising in respect of disputes pursuant to LIFFE contracts; and (iv) any other claims in relation to any other arbitration in respect of disputes pursuant to LIFFE contracts notified by LCH to the Market Secretary of LIFFE before the date of this Agreement; and
Preserved Claims means any and all obligations, debts, demands, actions, causes of action, manners of action, suits, accounts, dues, covenants, contracts, agreements, judgments, controversies, damages and any and all claims, demands and liabilities whatsoever, both in law and at equity, known or unknown, that the Parties or any of their Subsidiaries or successors and assigns have or may have as of the Effective Date, may ever have had as of or before the Effective Date, or may have hereafter, arising out of or relating to any actions, omissions, events or circumstances occurring or existing on or before the Effective Date with respect only to pending settlements of financial claims related to:
(a) the number of narrowband customers provided to EarthLink by any of the Sprint Parties under any of the Marketing and Distribution Agreements,
(b) the number of long distance customers provided to any of the Sprint Parties by EarthLink under any of the Marketing and Distribution Agreements,
(c) the number of customers of the Sprint Parties using broadband or webhosting services of EarthLink as provided in any of the Marketing and Distribution Agreements, and
Preserved Claims has the meaning set forth in the Restructuring Term Sheet.