Survivor Claim definition

Survivor Claim means any Claim against any of the Protected Parties or any of the Settling Insurers that arises out of, relates to, results from, or is in connection with, in whole or in part, directly or indirectly, Abuse that took place in whole or in part prior to the Effective Date, including any such Claim that seeks monetary damages or any other relief, under any theory of liability, including: vicarious liability; respondeat superior; any tort-based theory; any fraud-based theory, including fraud, fraud in the inducement, misrepresentation, concealment, and unfair practice; any negligence-based or employment-based theory, including negligent hiring, supervision, retention or misrepresentation; any other theory based on misrepresentation, concealment, or unfair practice; contribution; indemnity; public or private nuisance; or any other theory, including any theory based on public policy or any acts or failures to act by any of the Protected Parties, any of the Settling Insurers, or any other Person for whom any of the Protected Parties are allegedly responsible, including any such Claim asserted against any of the Protected Parties in connection with the Chapter 11 Case. For the avoidance of doubt, Survivor Claim includes any Known Survivor Claim, Unknown Survivor Claim, and Late-Filed Survivor Claim.

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Survivor Claim means any Claim, allowed or disallowed, for which any of the Protected Parties is allegedly liable, relating, in whole or in part, directly or indirectly, to Abuse that took place in whole or in part prior to the Effective Date. For the avoidance of doubt, Survivor Claim includes any Known Survivor Claim, Unknown Survivor Claim, and Late-Filed Survivor Claim, regardless of whether such Survivor Claim is barred by any applicable statute of limitations as of the Filing Date or Effective Date, but does not include Contribution Claims, Indirect Claims, or Medicare Claims.

Survivor Claim means any Claim against any of the Protected Parties or Catholic Mutual that arises out of, relates to, results from, or is in connection with, in whole or in part, directly or indirectly, Abuse that took place in whole or in part prior to the Plan Effective Date, including any such Claim that seeks monetary damages or any other relief, under any theory of liability, including vicarious liability; respondeat superior; any tort-based theory, any fraud-based theory, including fraud, fraud in the inducement, misrepresentation, concealment, and unfair practice; any negligence-based or employment-based theory, including negligent hiring, supervision, retention, or misrepresentation; any other theory based on misrepresentation, concealment, or unfair practice; contribution; indemnity; public or private nuisance; or any other

Examples of Survivor Claim in a sentence

The Diocese shall contribute $20,000 separate from the Trust Assets to a reserve fund for Late-Filed Survivor Claims pursuant to the Survivor Claim Distribution Plan (the “Late-Filed Claims Reserve”).
The payments to holders of Pre-Effective Date Unknown Survivor Claims shall be made in accordance with the Survivor Claim Distribution Plan.
The payments to holders of Late- Filed Survivor Claims shall be made in accordance with the Survivor Claim Distribution Plan.
The Trust Corpus shall be allocated, administered, and distributed as provided in the Survivor Claim Distribution Plan, the Plan, and the Confirmation Order.
After the Post- Effective Date Unknown Claim Reserve terminates, to the extent there are any remaining funds after payment to all Post-Effective Date Unknown Survivor Claims pursuant to the Survivor Claim Distribution Plan, such remaining funds shall be divided equally, with the Trustee returning one half of the remaining funds to the Reorganized Debtor within 30 days after the termination of the Post-Effective Date Unknown Claim Reserve.
After the Late-Filed Claims Reserve terminates, to the extent there are any remaining funds after payment to all Late-Filed Survivor Claims pursuant to the Survivor Claim Distribution Plan, such remaining funds shall be divided equally, with the Trustee returning one half of the remaining funds to the Reorganized Debtor within 30 days after termination of the Late-Filed Claims Reserve.
Seller shall provide Purchaser with not less than 10 days’ prior written notice of the Closing Date.
After the Pre-Effective Date Unknown Claim Reserve terminates, to the extent there are any remaining funds after payment to all Pre-Effective Date Unknown Survivor Claims pursuant to the Survivor Claim Distribution Plan, such remaining funds shall be divided equally, with the Trustee returning one half of the remaining funds to the Reorganized Debtor within 30 days after the completion of payments to holders of allowed Pre-Effective Date Unknown Survivor Claims.
The payments to holders of Post-Effective Date Unknown Survivor Claims shall be made in accordance with the Survivor Claim Distribution Plan.

More Definitions of Survivor Claim

Survivor Claim means any Claim, allowed or disallowed, for which any of the Protected Parties is allegedly liable, that arose with regard to, with respect to, by reason of, on account of, based on, out of, with any relation to, or with any connection to Abuse that took place in whole or in part prior to the Effective Date. For the avoidance of doubt, Survivor Claim includes any Known Survivor Claim, Unknown Survivor Claim, Late-Filed Survivor Claim, and Litigation Claim, regardless of whether such Survivor Claim is barred by any applicable statute of limitations as of the Filing Date or Effective Date, but does not include Survivor Contribution Claims or Medicare Claims.

Survivor Claim means any Claim relating to, in whole or in part, directly or indirectly, Abuse committed by a Person before the Effective Date for which a Protected Party is allegedly responsible, including any such Claim asserted against any Protected Party in connection with this Chapter 11 Case. For the avoidance of doubt, Survivor Claim includes any Known Survivor Claim, Unknown Survivor Claim, and Late-Filed Survivor Claim, regardless of whether such Survivor Claim is barred by any applicable statute of limitations as of the Filing Date or Effective Date, but does not include Medicare Claims, or any claims relating to Abuse that were settled by the Diocese prior to the Filing Date or that arise from any such claims.