Released Actions means any and all claims (including, without limitation, Claims), Avoidance Actions, obligations, suits, judgments, damages, debts, rights, remedies, causes of action and liabilities (including, without limitation, all claims or causes of action relating to successor liability or piercing the corporate veil) and all Interests and rights of an equity security holder, whatsoever, whether liquidated or unliquidated, fixed or contingent, matured or unmatured, known or unknown, foreseen or unforeseen, then existing or thereafter arising, in law, equity or otherwise that are based in whole or part on any act, omission, transaction, event or other circumstance taking place or existing on or prior to the Effective Date in connection with or related to any of the Debtors, the Reorganized Debtors or their respective Estates, the Chapter 11 Cases or the Plan, the Disclosure Statement, the Plan Support Agreement, or any of the Rights Offering Documents (including, without limitation, any of the Subscription Documents), except for (i) the Avoidance Actions, if any, listed on Schedule XIV, as determined by the Plan Proponents, (ii) the Material Rights of Action (with the sole exception of those Material Rights of Action listed on Schedule XIII, to be filed no later than ten (10) Business Days prior to the Objection Deadline), (iii) the Commercial Claims, and (iv) Asbestos Personal Injury Claims. Without limiting the foregoing, Released Actions shall include, and shall be deemed to include, the release of all Claims, obligations, suits, judgments, damages, debts, rights, remedies, causes of action and liabilities against the Debtors and the Non-Debtor Subsidiaries arising from the 1997 Credit Agreement or the guarantees of the obligations under the 1997 Credit Agreement.
Released Actions means (i) all Purchased Actions other than those described in clause(C) of the definition thereof, and (ii) solely to the extent arising under chapter 5 of the Bankruptcy Code, all Purchased Actions described in clause (C) of the definition thereof.
Examples of Released Actions in a sentence
Nothing in the Plan shall prejudice any right, remedy, defense, claim, cross-claim, counterclaim, or third party claim that any Person may have against any Person other than with respect to the Released Actions against the Released Parties.
On the terms and subject to the conditions set forth in this Agreement, effective as of the Closing, (i) Buyer will purchase from Sellers, and Sellers will sell, transfer, assign, convey and deliver to Buyer, at the Closing all of Sellers’ right, title and interest in, to and under the Acquired Assets, and (ii) all Released Actions shall be deemed released, waived, and extinguished and shall not be pursued, prosecuted, or asserted in any way by Buyer.
Nothing in this Plan shall prejudice any right, remedy, defense, claim, cross-claim, counterclaim, or third-party claim that any Person may have against any Person other than with respect to the Released Actions against the Released Parties.
Notwithstanding anything herein to the contrary, the Released Actions shall not include the Avoidance Actions.
Except with respect to Released Actions, nothing contained in the Plan or the Confirmation Order shall be deemed to be a waiver, release, or relinquishment of any Cause of Action, right of setoff, or other legal or equitable defense which the Debtors had immediately prior to the Petition Date, against or with respect to any Claim left unimpaired by the Plan.
More Definitions of Released Actions
Released Actions means all claims, cross-claims, counterclaims, third-party claims, obligations, suits, judgments, damages, debts, rights, causes of action and liabilities, and all Equity Interests and rights of any equity security holder, whatsoever, whether liquidated or unliquidated, fixed or contingent, matured or unmatured, known or unknown, foreseen or unforeseen, then existing or thereafter arising, in law, equity or otherwise that are based in whole or part on any act, omission, facts, transaction, event or other circumstance that occurred, arose, took place, existed or exists on or prior to the Effective Date in connection with or related to the Debtors and their respective estates, or their business operations (including without limitation, the organization or capitalization of the Debtors or extensions of credit and other financial services and accommodations made or not made to the Debtors), the Reorganized Debtors and their respective estates (including without limitation, any and all alter ego or derivative claims accruing to the Debtors and their estates), or the Debtors’ Reorganization Cases; provided, however, that the term “Released Actions” shall not include any claims of the Pre-Petition Secured Lenders under any of the Existing Senior Loan Agreements, if applicable, as amended or amended and restated by the Restructured Credit Documents or any claims of any person or entity under the Plan or the Plan Documents.
Released Actions means any and all claims (including, without limitation, Claims), Avoidance Actions, obligations, suits, judgments, damages, debts, rights, remedies, causes of action and liabilities (including, without limitation, all claims or causes of action relating to successor liability or piercing the corporate veil) and all Interests and rights of an equity security holder, whatsoever, whether liquidated or unliquidated, fixed or contingent, matured or unmatured, known or unknown, foreseen or unforeseen, then existing or thereafter arising, in law, equity or otherwise that are based in whole or part on any act, omission, transaction, event or other circumstance taking place or existing on or prior to the Effective Date in connection with or related to any of the Debtors, the Reorganized Debtors or their respective Estates, the Chapter 11 Cases or the Plan, the Disclosure Statement, the Restructuring Transactions, the Plan Support Agreement, the Trust Registration Rights Agreement, the Collar Agreements, or any of the Rights Offering Documents (including, without limitation, any of the Subscription Documents),
Released Actions means all Claims, claims, cross-claims, counterclaims, third-party claims, obligations, suits, judgments, damages, debts, rights, causes of action and liabilities, and all Prepetition Equity Interests, whatsoever, whether liquidated or unliquidated, fixed or contingent, matured or unmatured, known or unknown, foreseen or unforeseen, then existing or thereafter arising, in law, equity or otherwise that are based in whole or part on any act, omission, transaction, event or other circumstance that occurred, arose, took place, existed or exists on or prior to the Effective Date in connection with or related to the Debtors and their respective Estates, or their business operations (including, without limitation, the organization or capitalization of the Debtors or extensions of credit and other financial services and accommodations made or not made to the Debtors), the Reorganized Debtors and their respective estates (including, without limitation, (x) any and all avoidance claims accruing to the Debtors and their estates under sections 502(d), 544, 545, 547, 548, 549, 550 and 551 of the Bankruptcy Code and (y) any and all alter ego or derivative claims accruing to the Debtors and their Estates), the Chapter 11 Cases or the Plan, but excluding all Claims under that certain Settlement Agreement and Release, dated as of July 10, 2009, by and among USSP, USS Product Carriers LLC, USS Product Manager LLC, USS PC Holding Corp., Blackstone Corporate Debt Administration L.L.C., Cerberus Partners, L.P., Styx Partners, L.P., A3 Funding LP, Blackstone Mezzanine Partners II USS L.P., Blackstone Mezzanine Holdings II USS L.P., Blackstone Family Investment Partnership V USS L.P., Blackstone Family Mezzanine Partnership II USS SMD L.P., Blackstone Family Investment Partnership V-A USS SMD L.P., Blackstone Participation Partnership V USS L.P., Blackstone Family Investment Partnership V-A L.P., Blackstone Capital Partners V USS L.P., and USS Product Investor LLC.
Released Actions means the Released Avoidance Actions and any otherany Causes of Action that are released by the Debtors pursuant to the Plan. 155. Released Avoidance Actions means any Avoidance Actions against any Released Parties, Qatar Islamic Bank Q.S.C., QInvest LLC, Holders of Interests in any member of the Arcapita Group, and any Persons that have deposited funds with Arcapita Bank B.S.C.(c) (other than Placement Banks or their Affiliates).
Released Actions means (a) Causes of Action, if any, against the Prepetition Lenders, the Postpetition Lenders, the Prepetition Administrative Agent, the Postpetition Administrative Agent and/or the holders of Swap Claims (other than Bank of Oklahoma and its affiliates) based in whole or in part on any act, omission, transaction, event, or other circumstance and arising under, in connection with, or related to the Prepetition Credit Agreement, the Postpetition Financing Agreement or otherwise arising under, in connection with, or related to the provision of services to, or transactions conducted with, any Debtor or non-Debtor affiliate and (b) any Causes of Action released pursuant to the Catsimatidis Settlement Order; provided, however, that solely for purposes of this definition, “Prepetition Lenders” and “holders of Swap Claims” shall be limited to those Entities who were Prepetition Lenders and/or holders of Swap Claims at 5:00 p.m., Eastern Daylight Time, on May 14, 2009.
Released Actions means the Released Avoidance Actions and any other Causes of Action that are released by the Debtors pursuant to the Plan.
Released Actions means, with respect to Released Parties only, the Kansas Coding Case, the Missouri Coding Case, the Lawsuit, the putative class action in the District Court for Wyandotte County, Kansas, against the Company and other managed care organizations, captioned James Mirabile, M.D., PA, et al. v. Blue Cross and Blue Shield of Kansas City, et al., Case No. 05-CV-279 (hereinafter “Kansas Antitrust Case”), and the putative class action in the Circuit Court for Jackson County, Missouri, against the Company and other managed care organizations, captioned Kansas City Urology Care, PA, et al v. Blue Cross and Blue Shield of Kansas City, et al., Case No. 0516-CV-04219 (hereinafter “Missouri Antitrust Case”).