TDP Valued Asbestos Claims definition

TDP Valued Asbestos Claims means all Asbestos Personal Injury Claims other than the Asbestos Personal Injury Claims of the Participating Claimants and the Pre-Petition Settlement Claimants.
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Examples of TDP Valued Asbestos Claims in a sentence

  • All holders of TDP Valued Asbestos Claims will benefit from such cost savings, by maximizing the assets which are to be used for the payment of such Claims.

  • The Scheduled Values for the Medical Criteria associated with a Disease Category set forth in the Compensable Disease Matrix are based on tort system values and represent equitable settlement values for most TDP Valued Asbestos Claims that meet the Medical Criteria associated with a Disease Category set forth in the Compensable Disease Matrix and the Exposure Evidence.

  • Nothing in this Section VI shall preclude the Plan Trust from contracting with another asbestos claims resolution organization to provide services to the Plan Trust so long as decisions about the allowability and value of TDP Valued Asbestos Claims are based on the provisions of the TDP and the Compensable Disease Matrix; provided, however, that the Plan Trustees shall not enter into any such contract without the consent of the TAC and the Futures Representative.

  • The review processes for TDP Valued Asbestos Claims provide the holder thereof with a consideration and evaluation of his or her TDP Valued Asbestos Claim and is intended to result in payments equal to the Liquidated Value for each Allowed TDP Valued Asbestos Claim multiplied by the then applicable Payment Percentage, subject to the Plan Trustees' power to change such Payment Percentage as set forth herein.

  • The TDP is designed to provide prompt determination of TDP Valued Asbestos Claims, to provide prompt payment of all Allowed Plan Trust PI Asbestos Claims and to provide reasonable assurance that the Plan Trust will value and be in a financial position to pay similar Plan Trust PI Asbestos Claims in substantially the same manner.

  • The Plan Trustees shall assure the substantially equivalent treatment of TDP Valued Asbestos Claims, to the extent reasonably practicable, and may, with the consent of the TAC and the Futures Representative, in addition to the powers set forth elsewhere in the TDP, change, add, or delete Disease Categories, change Medical Criteria, and modify the values for any Disease Category to reflect relevant developments, including, without limitation, changes in the applicable law.

  • The Plan Trust shall use the Compensable Disease Matrix set forth in this Section 5.1(e) to resolve TDP Valued Asbestos Claims as expeditiously and economically as possible.

  • Except for the liquidation of TDP Valued Asbestos Claims under the Alabama Wrongful Death Statute as provided in Section 7.2 above, the law governing the liquidation of Plan Trust PI Asbestos Claims in the case of EXHIBIT H TO THE PLAN Individual Review, arbitration, or litigation in the tort system shall be the law of the Claimant's Jurisdiction.

  • Holders of TDP Valued Asbestos Claims who receive payment for claims involving the Disease Categories of Mesothelioma, Lung Cancer or Other Cancer shall execute and deliver to the Plan Trustees written releases and other documents pursuant to Section 7.3 in a form satisfactory to the Plan Trustees, after consultation with the TAC and the Futures Representative.

  • Because the Liquidated Values for the Settled Claims were determined prior to the Effective Date, the Claims Materials developed for the holders of Settled Claims may be different from the Claims Materials developed for the holders of TDP Valued Asbestos Claims.

Related to TDP Valued Asbestos Claims

  • 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:

  • Released Defendants’ Claims means all claims and causes of action of every nature and description, whether known claims or Unknown Claims, whether arising under federal, state, common or foreign law, that arise out of or relate in any way to the institution, prosecution, or settlement of the claims against the Defendants. Released Defendants’ Claims do not include any claims relating to the enforcement of the Settlement or any claims against any person or entity who or which submits a request for exclusion from the Settlement Class that is accepted by the Court.

  • Intercompany Claims means, collectively, any Claim held by a Debtor against another Debtor or an Affiliate of a Debtor or any Claim held by an Affiliate of a Debtor against a Debtor.

  • DIP Claims means, collectively, the DIP ABL Claims and the DIP Term Loan Claims.

  • De Minimis Claim has the meaning set forth in Section 7.4(a).

  • Intercompany Claim means any Claim held by a Debtor against another Debtor.

  • Released Plaintiffs’ Claims means any and all manner of claims, demands, rights, liabilities, losses, obligations, duties, damages, costs, debts, expenses, interest, penalties, sanctions, fees, attorneys’ fees, actions, potential actions, causes of action, suits, agreements, judgments, decrees, matters, issues and controversies of any kind, nature, or description whatsoever, whether known or unknown, disclosed or undisclosed, accrued or unaccrued, apparent or not apparent, foreseen or unforeseen, matured or not matured, suspected or unsuspected, liquidated or not liquidated, fixed or contingent, including Unknown Claims, whether based on state, local, foreign, federal, statutory, regulatory, common, or other law or rule (including claims within the exclusive jurisdiction ofthe federal courts, such as, but not limited to, federal securities claims or other claims based upon the purchase or sale of Class Shares), that are, have been, could have been, could now be, or in the future could, can, or might be asserted, in the Action or in any other court, tribunal, or proceeding by Plaintiff or any other Activision stockholder derivatively on behalf of Activision or as a member of the Class, or by Activision directly against any of the Defendants’ Releasees, which, now or hereafter, are based upon, arise out of, relate in any way to, or involve, directly or indirectly, any of the actions, transactions, occurrences, statements, representations, misrepresentations, omissions, allegations, facts, practices, events, claims or any other matters, things or causes whatsoever, or any series thereof, that relate in any way to, or could arise in connection with, the Transaction (or relate to or arise as a result of any of the events, acts or negotiations related thereto) and the nomination, appointment or election of Activision directors, including but not limited to those alleged, asserted, set forth, claimed, embraced, involved, or referred to in, or related to the Fifth Amended Class and Derivative Complaint or the Action, except for claims relating to the enforcement of the Settlement and for any claims that Defendants may have against any of their insurers, co-insurers or reinsurers that are not otherwise released pursuant to other documentation. For the avoidance of doubt, the Released Plaintiff’s Claims include all of the claimsasserted in the Miller Action, but do not include claims based on conduct of Defendants’ Releasees after the Effective Date.

  • 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;

  • Section 510(b) Claims means any Claim or Interest against a Debtor subject to subordination under section 510(b) of the Bankruptcy Code, whether by operation of law or contract.

  • Friable asbestos material means any material that contains more than 1% asbestos by weight and that can be crumbled, pulverized, or reduced to powder when dry, by hand pressure.

  • Asbestos means the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite.

  • General Unsecured Claims means any unsecured claim (other than an Administrative Claim, a Priority Tax Claim, an Other Priority Claim, a Prepetition Term Loan Claim, or an Intercompany Claim) against one or more of the Debtors including (a) Claims arising from the rejection of Unexpired Leases and Executory Contracts to which a Debtor is a party, and (b) Claims arising from any litigation or other court, administrative or regulatory proceeding, including damages or judgments entered against, or settlement amounts owing by a Debtor related thereto.

  • Unsecured Claims means claims which are not secured by any property of the Debtor’s Estate and which are not part of any other class defined in this Plan.

  • 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.

  • Excluded Claims means (a) a party’s breach of its obligations in Section 5 (Confidential Information) (but excluding obligations and/or claims relating to Customer Data); (b) either party’s express obligations under Section 11 (Indemnification); and (c) liability which, by law, cannot be limited.

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

  • 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;

  • Hazardous Materials Claims means any enforcement, cleanup, removal or other governmental or regulatory action or order with respect to the Property, pursuant to any Hazardous Materials Laws, and/or any claim asserted in writing by any third party relating to damage, contribution, cost recovery compensation, loss or injury resulting from any Hazardous Materials.

  • Settled Claims means any and all claims, debts, demands, rights or causes of action, suits, matters, and issues or liabilities whatsoever (including, but not limited to, any claims for damages, interest, attorneys’ fees, expert or consulting fees, and any other costs, expenses or liability whatsoever), whether based on United States or Canadian federal, state, provincial, local, statutory or common law or any other law, rule or regulation, whether fixed or contingent, accrued or unaccrued, liquidated or unliquidated, at law or in equity, matured or un-matured, whether class or individual in nature, including both known claims and Unknown Claims, (i) that have been asserted in any of the Nortel II Actions against any of the Released Parties, or (ii) that could have been asserted in any forum by the Class Members in the Nortel II Actions, or any of them, against any of the Released Parties, that arise out of or are based upon the allegations, transactions, facts, matters or occurrences, representations or omissions involved, set forth, or referred to in the Nortel II Actions and that relate to the purchase of Nortel common stock or call options or the sale of Nortel put options during the Class Period or (iii) any oppression or other claims under the Canada Business Corporations Act, R.S.C. 1985, c. C-44, as amended, that arise out of or are based upon the allegations, transactions, facts, matters or occurrences, representations or omissions, set forth or referred to in the Nortel II Actions. Settled Claims does not mean or include claims, if any, against the Released Parties arising under the United States Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001, et seq. (“ERISA”) that are not common to all Class Members and which ERISA claims are the subject of an action pending before the Judicial Panel on Multidistrict Litigation, denominated In re Nortel Networks

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

  • Unknown Claims means any Released Plaintiffs’ Claims which any Lead Plaintiff or any other Settlement Class Member does not know or suspect to exist in his, her or its favor at the time of the release of such claims, and any Released Defendants’ Claims which any Defendant or any other Defendants’ Releasee does not know or suspect to exist in his, her, or its favor at the time of the release of such claims, which, if known by him, her or it, might have affected his, her or its decision(s) with respect to this Settlement. With respect to any and all Released Claims, the Parties stipulate and agree that, upon the Effective Date of the Settlement, Lead Plaintiffs and Defendants shall expressly waive, and each of the other Settlement Class Members and each of the other Defendants’ Releasees shall be deemed to have waived, and by operation of the Judgment or the Alternate Judgment, if applicable, shall have expressly waived, any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States, or principle of common law or foreign law, which is similar, comparable, or equivalent to California Civil Code §1542, which provides:

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