Restricted Claims definition
Examples of Restricted Claims in a sentence
With respect to Restricted Claims only, Distributor shall not be liable to UFPC or any Participant for any indirect, special, incidental, or consequential damages, or for lost revenues, lost profits, lost business value or goodwill, even if Distributor has been advised of the possibility of those damages.
The Consenting Noteholder (i) is the beneficial owner of, or holder of investment authority over, Restricted Claims in the aggregate principal amounts set forth below its name on the signature pages to this Agreement, and (ii) does not beneficially own, or hold investment authority over, any other Restricted Claims except as disclosed on such signature page.
In no event may the Buyer under any circumstances make any direct or indirect pharmaceutical or therapeutic claims for the Brands (including, without limitation, any claim of affect on bodily functions or any claim of any biochemical or physiological change) which would require regulatory approval by the United States Food and Drug Administration, or equivalent agency outside the United States if it were marketed in the United States (the "Restricted Claims").
Buyer shall not be liable for Restricted Claims made without Buyer's authorization or approval by third parties who purchase the Brands from the Buyer (collectively, the "Purchasers").
With respect to Restricted Claims only, Distributor shall not be liable to Participant for any indirect, special, incidental, or consequential damages, or for lost revenues, lost profits, lost business value or goodwill, even if Distributor has been advised of the possibility of those damages.
Sections 5(c)(i) and 5(c)(ii) of this Agreement shall not apply to claims against Distributor by Participants with regard to Products purchased by Distributor from any Supplier which does not have a current SBRA with UFPC (“Non-SBRA Products”); provided that Distributor’s liability to Participants for Restricted Claims with regard to Non-SBRA Products shall be limited to amounts actually recovered by Distributor from the Supplier with regard to such Non-SBRA Products.
With respect to Restricted Claims only, Distributor shall not be liable to a Participant for any indirect, special, incidental, or consequential damages, or for lost revenues, lost profits, lost business value or goodwill, even if Distributor has been advised of the possibility of those damages.
If Buyer learns that any Purchaser or third party has made or is making any Restricted Claim, it shall demand in writing that the Purchaser or third party cease and desist from making such Restricted Claim(s).
Buyer shall advise Purchasers in writing prior to entering into any transaction with such Purchasers that the Restricted Claims may not be made.
Upon the termination of this Agreement, the Consenting Noteholder (a) shall have no obligations hereunder, and in particular shall have no obligation to vote its Restricted Claims in favor of the Plan, and (b) may move under Bankruptcy Rule 3018 to withdraw or change any vote cast for the Plan and the Company and the Investors agree that termination shall constitute "cause" for such withdrawal or a change under Bankruptcy Rule 3018 and shall support such withdrawal or change.