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.
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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 (1) Plaintiff or the Settlement Class Members may have against Smirk’s Ltd. and/or Molinos Asociados SAC or (2) Daily Harvest and Stone Gate Foods may have against Smirk’s Ltd. sounding in breach of contract or warranty to recover commercial damages and costs to defend this Litigation.
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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.
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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.

  • 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.

  • If the Court determines that there has been a material and unremedied breach of this Agreement, Plaintiffs may reassert or revive their Remaining Claims or substantially similar claims for systemic relief against only the breaching Party or Parties.

  • The Parties stipulate to the dismissal of the Remaining Claims without prejudice.

  • Ray Nagin and Warren Riley, and the Joint Motion for Entry of Consent Order Granting Permanent Injunction and Dismissal of Remaining Claims Against Defendants, C.

  • V at 1582, and one page in the district court’s Memorandum Opinion and Order Granting Defendants’ Motion for Summary Judgment on Plaintiff Cheteni’s Remaining Claims of July 2, 2013 (“Doc.

  • Plaintiffs, including all members of the Settlement Classes, will not provide any releases to Defendants, but will not reassert or revive the Remaining Claims or substantially similar claims for systemic relief against Hennepin County Defendants or the State Defendant for a period of four (4) years after the Date of Final Approval, unless as expressly permitted by the Court because the Court has determined that there has been a material and unremedied breach of this Agreement.

  • This settlement and the dismissal without prejudice of the Remaining Claims will be binding upon the “Settlement Classes” consisting of all members of the Special Relationship Settlement Class and the Maltreatment Report Settlement Class.

  • Remaining Claims For Jury TrialDispositive OrdersBSC’s claim for damagesNo related dispositive ordersBSC’s claim for willfulnessNo related dispositive ordersCertain of Cordis’s affirmative defenses of invalidity by anticipation under 35 U.S.C. § 102(b) of:• the ‘385 and ‘498 patents; and• the ‘415 patentThe dispositive orders all concern defenses which Cordis does not intend to assert at trial.

  • Friends of the Earth, 528 U.S. at 180–81.C. Res Judicata/Collateral Estoppel: Plaintiff Lowrey’s Remaining Claims Defendants argue that Plaintiff Lowrey’s23 claims challenging her “indicated” status are barred by collateral estoppel and/or res judicata.


More Definitions of Remaining Claims

Remaining Claims means the Original Claims less the Lapsing and Lapsed Claims.
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Related to Remaining Claims

  • Pending Claims shall have the meaning set forth in Section 7.1(e).

  • Pending Claim has the meaning set forth in Section 9.6 hereof.

  • Deficiency Claim Date means, with respect to any Distribution Date, the fourth Business Day immediately preceding such Distribution Date.

  • Subordinated Claims means the aggregate amount of all claims admitted in the winding up or dissolution of the Issuer which rank, or are expressed to rank, junior to claims in respect of the Senior Non-Preferred Notes or other Senior Non-Preferred Claims, including (without limitation) claims of creditors in respect of the Subordinated Notes, and the obligations of the Issuer which constitute, or would but for any applicable limitation on the amount of such capital constitute, Tier 2 Capital, Additional Tier 1 Capital (including, without limitation, the Issuer’s permanent interest bearing shares (if any)) or CET1 Capital (including the Issuer’s core capital deferred shares (if any)); and

  • Deficiency Claim Amount has the meaning set forth in Section 5.5(a).

  • 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.

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

  • Indemnity Escrow Amount means $3,000,000.

  • 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.

  • Indemnity Escrow Account means the escrow account established by the Escrow Agent pursuant to the terms of the Escrow Agreement for purposes of holding the Indemnity Escrow Amount.

  • 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.

  • Unresolved Claims has the meaning set forth in Section 7.6(c).

  • Subordination Depletion Date The Distribution Date preceding the first Distribution Date on which the Class A Percentage (determined pursuant to clause (ii) of the definition thereof) equals or exceeds 100%.

  • Secured Claims means Claims held by “secured creditors” as defined in the CCAA, including Construction Lien Claims, to the extent of the Allocated Value of the Property securing such Claim, with the balance of the Claim being a Deficiency Claim, and amounts subject to section 6(6) of the CCAA;

  • Undisputed Amounts has the meaning set forth in Section 2.04(c)(iii).

  • Indemnity Escrow Fund means the Indemnity Escrow Amount deposited with the Escrow Agent, as such sum may be increased or decreased as provided in this Agreement and the Escrow Agreement, including any remaining interest or other amounts earned thereon.

  • Subordinated Claim means a Claim of the kind described in sections 726(a)(3) or 726(a)(4) of the Bankruptcy Code and/or Claims subordinated under sections 510(b) or 510(c) of the Bankruptcy Code.

  • Noteholder Claims means all Obligations in respect of the Notes or arising under the Noteholder Documents or any of them, including all fees and expenses of the Trustee thereunder.

  • Escrow Fund means the escrow fund established pursuant to the Escrow Agreement.

  • Released Class Claims means the claims being released as described in Paragraph 6.2 below.

  • Escrow Funds means the Advance funds deposited with the Escrow Agent pursuant to this Agreement.

  • Expense Fund has the meaning set forth in Section 9.14(f).

  • Liquidating Trust Assets means the assets of a Debtor or Debtor-Controlled Entity to be transferred to a Liquidating Trust as may be determined by the Plan Administrator, which shall be described in a Liquidating Trust Agreement.