Reserved Claims definition

Reserved Claims as defined in the Final DIP Order.

Reserved Claims means those disputed claims under the Chapter 11 Cases that have been detailed and identified by the Borrower to the Administrative Agent on the Closing Date in a written schedule, which have not been allowed or disallowed pursuant to a Final Order of the Bankruptcy Court as part of the claims resolution process after the Closing Date.

Reserved Claims has the meaning set forth in Section 8.3.

Examples of Reserved Claims in a sentence

• A separate, interest-bearing bank account (Claims Reserve) will hold distributions for any claims that cannot be paid until they are allowed by court order, such as professional fees or Disputed claims (Reserved Claims).

• It is expressly intended and agreed that none of the parties to this Release will assert against any other party any claim based on the matters encompassed by this Release, other than with respect to the Reserved Claims.

• Therefore the recoverable amount and the corresponding impairment charge is considered to be a critical accounting estimate.

• BP agrees not to raise any defense of “claim splitting” it otherwise might have raised with respect to such prosecution of the foregoing Expressly Reserved Claims.

• In the event any arbitrator or court ever assumes jurisdiction of any lawsuit, claim, charge, grievance, arbitration, or complaint, or purports to bring, directly or indirectly, any legal proceeding on Company’s behalf, Company will ask any such arbitrator or court to withdraw from and/or dismiss any such action, grievance, or arbitration, with prejudice, not including any lawsuit, claim, charge, grievance, arbitration, or complaint arising out of or related to the Company Reserved Claims.

More Definitions of Reserved Claims

Reserved Claims means all Disputed Claims as of the applicable determination date in the full amount listed in the Schedules, unless a Proof of Claim was timely filed with respect to such Claim, in which case in the face amount of such Proof of Claim, or unless such Claim has been estimated by the Bankruptcy Court for the purpose of allowance pursuant to Section 502(c) of the Bankruptcy Code, in which case in such estimated amount. Unless any order of the Bankruptcy Court estimating a Claim provides otherwise, the amount so estimated shall apply both for voting purposes and for purposes of computing Reserved Claims. As used in the Plan, the term "Reserved Claims" shall not include any Disallowed Claims.

Reserved Claims means any Purchaser Claims or Selling Party Claims which have been asserted, in accordance with this Article VII, within the applicable periods set forth herein.

Reserved Claims means claims identified in the Complaint filed in this Action that have not been expressly resolved by this Agreement and that will be resolved through further litigation of this Action. The following are identified as Reserved Claims:

Reserved Claims means: (a) all claims as to which any Indemnified Party has in good faith given any Indemnifying Party written notice on or prior to the end of the applicable General Survival Period; and (b) all claims to the extent alleging fraud (defined to require at a minimum intent to deceive). No claim may be made or suit or other Action instituted under any provision of this Article 8 unless the Indemnified Party provides written notice to the Indemnifying Party prior to the expiration of the applicable period provided in Section 7.3 (which written notice shall describe the facts then known by the Indemnified Party relating to such claim, including, without limitation, the reason why the Indemnified Party believes the claim is subject to indemnification by the Indemnifying Party, and which for third-party claims, shall attach, if available, a copy of the written instrument or instruments in which the third party claim is asserted).

Reserved Claims means any and all actions, causes of action, claims or demands (whether at law or in equity), liabilities, losses, damages, or any other form of claim or compensation for known or unknown acts or omissions arising under the Reserved Provisions. HT represents and warrants to BE that as of the date hereof it has no knowledge of any matter which would reasonably be expected to result in a claim by HT against BE for infringement or misappropriation under the Reserved Provisions hereunder. BE represents and warrants to HT that as of the date hereof it has no knowledge of any matter which would reasonably be expected to result in a claim by BE against HT for infringement or misappropriation under the Reserved Provisions hereunder.

Reserved Claims means the following claims: 1.28.1 Claims relating to price, volume, deductions or decimal interest, except that a Settlement Class Member shall not use any challenge to decimal interest as a basis to challenge the allocation of the Burlington Settlement Amount amongst the Settlement Class upon the completion of an Approval Event. 1.28.2 Claims for Royalty and Interest Claims, Reporting Claims, Attorneys’ Fees Claims or Litigation Costs arising from royalties and overriding royalties associated with Escrow Xxxxx other than MDU 12-28, MDU 6-10, and MDU 8-29 under either of the following conditions: 1.28.2.1 Such claims are based upon or attributable to volumes of Hydrocarbons produced from a Burlington Escrow Well during a production month and year not shown on Exhibit B for that well but expressly limited to said month(s) and well(s) not shown; or 1.28.2.2 For any individual Settlement Class Member, whose claims are based upon or attributable to volumes of Hydrocarbons produced from any of the Burlington Escrow Xxxxx during a production month and year for which no entry is shown for that Settlement Class Member (or his, her, or its predecessors) in the detail of the electronic data provided to Class Counsel summarily identified in Exhibit G (the full extent of which shall be maintained by Class Counsel and counsel for Burlington as identified in Paragraph 4.1), but expressly limited to said production month(s) and well(s) for which no entry is shown. 1.28.3 Claims for Royalty and Interest Claims, Reporting Claims, Attorneys’ Fees Claims or Litigation Costs arising from royalties and overriding royalties associated with volumes of Hydrocarbons produced from MDU 12-28, MDU 6-10, and MDU 8-29 that for any individual Settlement Class Member no entry is shown for that Settlement Class Member (or his, her, or its predecessors) in the detail of the electronic data provided to Class Counsel summarily identified in Exhibit G (the full extent of which shall be maintained by Class Counsel and counsel for Burlington as identified in Paragraph 4.1) for royalties or overriding royalties due from production of the MDU 12-28, MDU 6-10, and MDU 8-29 xxxxx, but expressly limited to the Settlement Class Member excluded from the data and the specific well to which the exclusion relates.

Reserved Claims means any and all claims, of any kind or nature