Remaining Claims definition

Remaining Claims. If the mediation process concludes with 100 or more unresolved Mass Arbitrations remaining, any party to a remaining Mass Arbitration may elect to no longer have the arbitration requirement in this Section 13 apply to all remaining Mass Arbitrations for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether process or global mediation. To be effective, such an election must be communicated in writing (email suffices) to counsel for the opposing party (or to the opposing party if they do not have counsel) within 30 days of mediation concluding. Mass Arbitrations released from the arbitration requirement must be resolved in accordance with Section 13. If the mediation process concludes with fewer than 100 Mass Arbitrations remaining or if no party makes a timely election as provided for in the previous paragraph, the AAA will randomly select 50 Mass Arbitrations (or the total remaining amount if less than 50) to proceed in arbitration as a second batch. The AAA will randomly select eligible claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. A single arbitrator will preside over each Mass Arbitration chosen for this second batch, and only one Mass Arbitration may be assigned to each arbitrator as part of this second batch unless the parties agree otherwise. Once all arbitrations in the foregoing process are complete, the parties will repeat this process until all Mass Arbitrations have been arbitrated. If Mass Arbitrations released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Mass Arbitrations for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis. A court will have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
Sample 1Sample 2
Remaining Claims means any and all damage, loss, claim, expense, deficiency or cost arising from any and all incidences related to the Remaining Business, including without limitation, any pending or threatened or inchoate claims, actions, suits or proceedings by any employee, Governmental Entity or third party arising against the Buyer or the Seller Subsidiaries with respect to the Remaining Business.
Sample 1
Remaining Claims means any suits, actions, controversies, demands, rights, causes of action, or other claims of every nature, character, and description, in law or in equity, that
Sample 1

Examples of Remaining Claims in a sentence

  • Thus, we reverse the dismissal of the claiminvolving intentional misrepresentation of Mr. Nicklaus’s membership status.3. Remaining Claims of Intentional Misrepresentation But, the Donners have not adequately alleged any other basis for liability involving an intentional misrepresentation.a. Progress of the Mount Holly Development The Donners allege that the defendants falsely represented that the Mount Holly development had already been approved and would continue to achieve certain benchmarks.

  • AsT T T T T T T T T TV (x+m)+m is not decreasing in m, V (X1 −X0 )−X0 is not increasing in X0 , then V (X1 −X0 )−X0 ≤T T T T T T TV (X1 − Y 0) − Y 0 ≤ V (Y 1 − Y 0) − Y 0, where the last inequality is due to the decreasing monotonicityT T Tof V .T T TCash additivity and convexity follow from the definition of ρˇV .

  • Stay of Remaining Claims With the Court sending Count VIII of the Complaint to arbitration, the final question remains whether or not the Court should stay litigation in favor of arbitration, or, vice-versa, to stay the arbitration pending adjudication of the associated claims in this Court.It is important to note that the allegations in the Complaint regarding Count VIII clearly tie back to the alleged non-arbitrable fraudulent transfer claims.

  • Maryland’s Motion to Dismiss AAP’s Remaining Claims Should Be Denied.

  • See Defendants’ Brief to Show Cause Why Remaining Claims Should Not be Dismissed and For Leave to Amend (Doc.

  • It should also be noted that the southern end of this system is connected to the Hostmoor Phase One balancing pond via an adopted sewer and thus into the Board’s system.

  • Notwithstanding the Remaining Claims, Mr. Vaughn has fully discharged his duties as Recovery Trustee under the Plan.

  • If the Business Rescue Plan is implemented in accordance with its terms and conditions, save for the retention of Secured Claims in the Company, the Remaining Claims will be discharged, after having received any payment due in terms of this Business Rescue Plan and such Concurrent Creditor will lose its rights to enforce the relevant debt or part thereof against the Company in terms of section 154(1) of the Companies Act.

  • The Trustee reserves all rights to object to the Remaining Claims after the Objectionable Claims are expunged from the claims register.

  • The Debtors’ Settlement of their Remaining Claims against Uniti has Negligible Value.


More Definitions of Remaining Claims

Remaining Claims means the Original Claims less the Lapsing and Lapsed Claims.
Sample 1

Related to Remaining Claims

  • Voting Claim means the amount of the Affected Unsecured Claim of an Affected Unsecured Creditor as Finally Determined in the manner set out in the Amended Claims Procedure Order entitling such Affected Unsecured Creditor to vote at the applicable Meeting in accordance with the provisions of the Amended and Restated Meetings Order, the Plan and the CCAA;

  • Professional Fee Escrow Amount means the aggregate amount of Professional Fee Claims and other unpaid fees and expenses Professionals estimate they have incurred or will incur in rendering services to the Debtors prior to and as of the Confirmation Date, which estimates Professionals shall deliver to the Debtors as set forth in Article II.C hereof.

  • Participating Class Members means all Class Members who do not submit valid

  • Indemnity Escrow Amount means $5,000,000.

  • Escrow Amount has the meaning set forth in Section 2.1(c).

  • Deficiency Claim means any portion of a Claim (a) to the extent the value of the holder’s interest in Assets securing such Claim is less than the amount of such Claim or (b) to the extent the amount of a Claim is subject to setoff is less than the amount of the Claim, each as determined by § 506(a) of the Bankruptcy Code.

  • Tax Claims means any Claim against the Participating CCAA Parties (or any one of them) for any Taxes in respect of any taxation year or period ending on or prior to the applicable Filing Date, and in any case where a taxation year or period commences on or prior to the applicable Filing Date, for any Taxes in respect of or attributable to the portion of the taxation period commencing prior to the applicable Filing Date and up to and including the applicable Filing Date. For greater certainty, a Tax Claim shall include, without limitation, (a) any and all Claims of any Taxing Authority in respect of transfer pricing adjustments and any Canadian or non- resident Tax related thereto, and (b) any Claims against any BL/Wabush Released Party in respect of such Taxes;

  • Related Claims means all Claims for Wrongful Acts based upon, arising out of, resulting from, or in any way involving the same or related facts, circumstances, situations, transactions or events or the same or related series of facts, circumstances situations, transactions or events, whether related logically, causally or in any other way.

  • Professional Fee Escrow Account means an interest-bearing account funded by the Debtors with Cash on the Effective Date in an amount equal to the Professional Fee Amount.

  • Non-Participating Class Member means any Class Member who opts out of the Settlement by sending the Administrator a valid and timely Request for Exclusion.

  • Participating Class Member means a Class Member who does not submit a valid and timely Request for Exclusion from the Settlement.