Retained Rights of Action definition

Retained Rights of Action means all Rights of Action belonging to any of the Estates as of the Effective Date, other than those Rights of Action specifically released under the Committee’s Plan, including Avoidance Claims released pursuant to Article IX(C) hereof.
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Retained Rights of Action means all Rights of Action belonging to the Debtor as of the Effective Date, including, without limitation, Avoidance Claims (including those disclosed in the Schedules), but excluding those Rights of Action specifically released under the Plan. The Retained Rights of Action include, without limitation, any and all rights of the Debtor to pursue any Rights of Action against third parties disclosed or referenced in the Schedules.
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Retained Rights of Action means any claims, demands, rights, and causes of action that the Debtor or its Estate may hold against any Person that are not transferred or assigned under the Plan to the Talc Personal Injury Trust, including: (a) any Recovery Actions; (b) any right of contribution, reimbursement, subrogation, or indemnification, or similar rights, that the Debtor has against any Person in respect of Talc Personal Injury Claims under contract or applicable law (other than, if the provisions of Section 4.9.3 and Section 5.9.1 are applicable, the Imerys/Cyprus Related Rights); and
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Examples of Retained Rights of Action in a sentence

  • The expenses incurred or payable by the Liquidating Debtors following the Effective Date (including the reasonable fees and costs of attorneys and other professionals) relating to implementation of the Plan, for the purpose of (a) resolving Claims and effectuating Distributions to Creditors under the Plan, (b) otherwise implementing the Plan and closing the Chapter 11 Cases, (c) pursuing Retained Rights of Action, or (d) undertaking any other matter relating to the Plan.

  • The source of all distributions and payments under this Plan will be the Distributable Assets and the proceeds thereof, including, without limitation, the Debtors’ Cash on hand and proceeds from any sale or other disposition of the Debtors’ assets and prosecution of Retained Rights of Action.

  • Except as may be expressly provided otherwise in the Plan, the Liquidating Debtors, through the Plan Administrator, shall be responsible for pursuing Retained Rights of Action, any objection to the allowance of any Claim, and the determination of tax issues and liabilities.

  • In addition, the Revstone Entities, subject to approval of this Agreement by the Bankruptcy Court, specifically represent that the claims against any individual or entity released in this Agreement are not Retained Rights of Action (as defined in Debtors’ Joint Chapter 11 Plan of Reorganization [Case No. 12-13262, Docket No. 1941]).

  • The Retained Rights of Action may be asserted or prosecuted before or after solicitation of votes on the Committee’s Plan or before or after the Effective Date.

  • So long as there are sufficient proceeds to distribute, and after reserving funds for Disputed Claims, at least once a year the Disbursing Agent, in its sole and absolute discretion, shall make distributions of the Audit Committee Report Retained Rights of Action Litigation Proceeds and the Committee's Fraudulent Transfer Actions Litigation Proceeds until all such proceeds are collected and distributed.

  • The Reorganized Debtor will be authorized, without limitation, to use and dispose of the Distributable Assets of the Debtor and its Estate, to investigate and pursue any Retained Rights of Action of the Debtor as the representative of the Debtor’s Estate pursuant to section 1123(b)(3)(B) of the Bankruptcy Code, to acquire and dispose of other property, and to otherwise administer its affairs.

  • No Entity may rely on the absence of a specific reference in the Disclosure Statement, the Plan, the Plan Supplement, or the Retained Rights of Action Schedule regarding any Right of Action against them as any indication that the Liquidating Trustee will not pursue any and all available Rights of Action against them.

  • The Reorganized Debtors shall establish a Cash reserve for all Disputed Class 6A Claims relating to the Audit Committee Report Retained Rights of Action Litigation Proceeds, but such reserves shall only be established from any such proceeds collected, if any.

  • The source of all distributions and payments under the Plan will be the Distributable Assets and the proceeds thereof, including, without limitation, the Debtor’s Cash on hand and proceeds from the sale or other disposition of the remaining property of the Debtor and prosecution of Retained Rights of Action.


More Definitions of Retained Rights of Action

Retained Rights of Action means all Rights of Action belonging to the applicable Debtor as of the Effective Date, including, without limitation and as applicable, Avoidance Claims (including those disclosed in the Schedules), but excluding those Rights of Action specifically released under the Plan or transferred under the Beach Point Purchase Agreement or any Bankruptcy Court-approved overbid. The Retained Rights of Action include, without limitation, any and all rights of the Debtors to pursue any Rights of Action against (a) any third parties, whether or not pending and whether or not disclosed or referenced in the
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Retained Rights of Action mean all causes of action and chose in actions of Seller arising under Sections 544, 545, 546, 547, 548, 549 and 550 of the Bankruptcy Code; provided, however, that “Retained Rights of Action” shall not include any causes of action, chose in actions, rights, claims, lawsuits, causes of action, rights of recovery, rights of set off, rights of recoupment, refunds, demands, defenses, judgments, accounts, rights, claims, powers or privileges that relate to or are associated with the Purchased Assets.
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Retained Rights of Action means all Rights of Action belonging to the applicable Debtor as of the Effective Date, including, without limitation and as applicable,
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Retained Rights of Action has the meaning specified in Section 2.2(c).
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Retained Rights of Action means all Rights of Action belonging to each Debtor as of the Effective Date, including, without limitation, Avoidance Claims (including those disclosed in the Schedules), but excluding those Rights of Action specifically released under the Plan or subject to the exculpation provisions of the Plan. The Retained Rights of Action include, without limitation, any and all rights of the Debtors to pursue any Rights of Action against third parties disclosed or referenced in the Schedules and/or listed in the Plan Supplement, subject to the provisions of the PBGC Settlement Agreement and excluding those Rights of Action specifically released under the Plan or subject to the exculpation provisions of the Plan, including, for the avoidance of doubt, those Rights of Action released or exculpated, as applicable, pursuant to Article X hereof.
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Retained Rights of Action means any claims, demands, rights, and causes of action that the Debtor or its Estate may hold against any Person that are not transferred or assigned under the Plan to the Talc Personal Injury Trust, including: (a) any Recovery Actions; (b) any right of contribution, reimbursement, subrogation, or indemnification, or similar rights, that the Debtor has against any Person in respect of Talc Personal Injury Claims under contract or applicable law (other than, if the Imerys/Cyprus Settlement does not occur prior to or on the Effective Date, the Imerys/Cyprus Related Rights); and (c) the causes of action listed or described on Exhibit F.
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Related to Retained Rights of Action

  • Retained Rights has the meaning set forth in Section 2.2.

  • Third Party Infringement Claim has the meaning set forth in Section 23.5.1.

  • Retained Causes of Action means those Causes of Action that shall vest in the Reorganized Debtors on the Effective Date, which, for the avoidance of doubt, shall not include any of the Causes of Action that are settled, released or exculpated under the Plan.

  • Third Party Infringement has the meaning set forth in Section 5.1.

  • Intellectual Property Claim means the assertion by any Person of a claim (whether asserted in writing, by action, suit or proceeding or otherwise) that any Borrower’s ownership, use, marketing, sale or distribution of any Inventory, Equipment, Intellectual Property or other property or asset is violative of any ownership of or right to use any Intellectual Property of such Person.

  • Unassigned Rights means the Governmental Lender’s rights to reimbursement and payment of its fees, costs and expenses and the Rebate Amount under Section 2.5 of the Borrower Loan Agreement, its rights to attorneys’ fees under Sections 5.11, 5.13, 5.14 and 5.15 thereof, its rights to indemnification under Sections 5.15 and 9.1.4 thereof, its rights of access under Section 5.17 thereof, its rights to receive notices, reports and other statements and its rights to consent to certain matters, including but not limited to its right to consent to amendments to this Funding Loan Agreement, the Borrower Loan Agreement and the Regulatory Agreement, and otherwise as provided in this Funding Loan Agreement and the Borrower Loan Agreement and the Governmental Lender’s indemnification, consent and enforcement rights and rights to payment of fees, costs and expenses under the Regulatory Agreement.

  • Assigned Rights means all of the Borrower’s rights, easements, privileges, tenements, hereditaments, contracts, claims, licenses or other interests, whether presently existing or arising in the future. The Assigned Rights include all of the Borrower’s rights in and to:

  • Asbestos claim means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including:

  • IPR Claim means any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of any IPR, used to provide the Services or as otherwise provided and/or licensed by the Supplier (or to which the Supplier has provided access) to the Authority in the fulfilment of its obligations under this Framework Agreement;

  • Causes of Action means any action, claim, Claim, cause of action, controversy, demand, right, action, Lien, indemnity, Interest, guaranty, suit, obligation, liability, damage, judgment, account, defense, offset, power, privilege, license, and franchise of any kind or character whatsoever, whether known, unknown, contingent or non-contingent, matured or unmatured, suspected or unsuspected, liquidated or unliquidated, disputed or undisputed, secured or unsecured, assertable directly or derivatively, whether arising before, on, or after the Petition Date, in contract or in tort, in law, or in equity or pursuant to any other theory of law. For the avoidance of doubt, “Cause of Action” includes: (a) any right of setoff, counterclaim, or recoupment and any claim for breach of contract or for breach of duties imposed by law or in equity; (b) the right to object to Claims or Interests; (c) any Claim pursuant to section 362 or chapter 5 of the Bankruptcy Code; (d) any claim or defense including fraud, mistake, duress, and usury; and any other defenses set forth in section 558 of the Bankruptcy Code; and (e) any state or foreign law fraudulent transfer or similar claim.

  • Infringement Claim has the meaning set forth in Section 8.2(a).

  • Third Party IP Claim has the meaning given to it in clause E8.7 (Intellectual Property Rights).

  • Tax Claim has the meaning set forth in Section 6.05.

  • Infringement Action has the meaning set forth in Section 9.6(b).

  • Product Liability Claim means a Claim of a Third Party (other than a Claim arising out of use of the Product in a clinical trial) that (i) arises as a result of the use of the Product during the Term that results in personal injury or death or (ii) is in anticipation of or intended to prevent or forestall personal injury or death as a result of the use of the Product during the Term.

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Retained Obligations shall have the meaning set forth in Section 2.6.

  • 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;

  • Third Party Intellectual Property means the Intellectual Property Rights of a third party which Supplier uses or incorporates into the Work.

  • Indemnity Claim has the meaning set forth in Section 8.3.

  • Released Claim means the matters that are subject to release and discharge pursuant to ARTICLE 10 hereof;

  • Indemnification Claim has the meaning set forth in Section 8.4(a).

  • AWR Claim means any complaint or claim to a tribunal or court made by or on behalf of the Agency Worker against the Hirer and/or the Employment Business for any breach of the AWR;

  • Indemnity Obligations means all obligations of the Company to Indemnitee under this Agreement, including the Company’s obligations to provide indemnification to Indemnitee and advance Expenses to Indemnitee under this Agreement.

  • Released Claims means all Released Defendants’ Claims and all Released Plaintiffs’ Claims.

  • Litigation Claims means the claims, rights of action, suits or proceedings, whether in law or in equity, whether known or unknown, that any Debtor or any Estate may hold against any Person or Entity, including, without limitation, the Causes of Action of the Debtors or their Estates, in each case solely to the extent of the Debtors’ or their Estates’ interest therein. A non-exclusive list of the Litigation Claims held by the Debtors as of the Effective Date will be Filed with the Plan Supplement, which will be deemed to include any derivative actions filed against any Debtor as of the Effective Date.