Transeastern Litigation definition

Transeastern Litigation means the Committee Action, solely as it relates to the claims asserted against the Transeastern Lenders.
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Examples of Transeastern Litigation in a sentence

  • The court rejected the argument of the New Lenders that the Conveying Subsidiaries received indirect benefits because (1) the settlement of the Transeastern Litigation did not improve the day-to-day operations of the Conveying Subsidiaries and (2) the July 31 Transaction did not (in hindsight) prevent or postpone the bankruptcy of TOUSA, but even if it had, the Conveying Subsidiaries did not substantially benefit because they would not have been seriously harmed by an earlier bankruptcy.

  • Second, there was no evidence that the Transeastern Lenders acted in bad faith to settle the Transeastern Litigation.

  • The court dismissed as irrelevant the value of the settlement of the Transeastern Litigation to TOUSA or to the TOUSA Group because under § 548 the reasonably equivalent value must be received by the debtor itself.

  • From the net proceeds of the new loan, TOUSA paid approximately $420 million to the Transeastern Lenders to settle the Transeastern Litigation.

  • The resolution of the Transeastern Litigation conferred reasonably equivalent value on the Conveying Subsidiaries by preserving the “net worth” of the Conveying Subsidiaries.

  • The Liquidation Trust Beneficiaries shall have no further obligation to provide any funding with respect to the Liquidation Trust, except as may be funded directly by the Liquidation Trust Assets, other than any proceeds from the Transeastern Litigation.

  • Except as otherwise set forth herein, including with respect to the Transeastern Litigation against the Non-Settling Transeastern Lenders, Liquidation Trust Causes of Action may only be prosecuted or settled by the Liquidation Trustee, under the supervision and with the acceptance of the Liquidation Trust Advisory Board.

  • Between January 2007 and July 2007, the parties to the Prepetition Transeastern Litigation engaged in negotiations with the administrative agents for the Transeastern Credit Agreements, the Senior Secured lenders, the Senior and Junior Mezzanine lenders, the Falcone Entities and other third parties who were involved in disputes with respect to the Transeastern JV.

  • Settlement of Liquidation Trust Causes of Action will be subject to Bankruptcy Court approval; provided, however, that settlement of Disputed Claims unrelated to the Transeastern Litigation will not require Bankruptcy Court approval.

  • There are many ways of using AHP as a group decision making method (Brunelli, 2015).

Related to Transeastern Litigation

  • Transaction Litigation has the meaning set forth in Section 5.2(d).

  • Threatened litigation as used herein shall include governmental investigations and civil investigative demands. “Litigation” as used herein shall include administrative enforcement actions brought by governmental agencies. The Contractor must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, “material” refers, but is not limited, to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Contract or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the Contractor’s financial condition.

  • Pending Litigation means a proceeding in a court of law whose activity is in progress but not yet completed.

  • Litigation means any action, suit or proceeding before any court, mediator, arbitrator or Governmental Authority.

  • Complaint Investigation means an investigation of any complaint that has been made to a proper authority that is not covered by an abuse investigation.

  • 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.

  • Patent Prosecution means the responsibility and authority for (a) preparing, filing and prosecuting applications (of all types) for any Patent, (b) paying, filing and maintenance fees relating to any Patent, (c) managing any interference, opposition, re-issue, reexamination, revocation, nullification, or cancellation proceeding relating to the foregoing, (d) deciding to abandon Patent(s) and (e) settling any interference, opposition, revocation, nullification or cancellation proceeding.

  • Lawsuit means any lawsuit, arbitration or other dispute resolution filed by either party herein pertaining to any of this Warrant, the Facility Agreement and the Registration Rights Agreement.

  • cyber threat means any potential circumstance, event or action that could damage, disrupt or otherwise adversely impact network and information systems, the users of such systems and other persons;

  • Infringement has the meaning set forth in Section 6.3(a).

  • Third Party Infringement Claim has the meaning set forth in Section 6.4.

  • industrial dispute means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person;

  • Infringement Claim means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright.

  • Plaintiffs’ Releasees means Plaintiffs, and any and all of their related parties, including, without limitation, any and all members of their immediate families, agents or other persons acting on their behalf, attorneys, advisors, financial advisors, accountants, assigns, creditors, heirs, estates and legal representatives.

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

  • Mediation party means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.

  • Civil action means all suits or claims of a civil nature in a state or federal court, whether cognizable as cases at law or in equity or admiralty. "Civil action" does not include any of the following:

  • Material Litigation is defined in Section 6.7.

  • Legal Action means and includes any claim, counterclaim, demand, action, suit, counterclaim, arbitration, inquiry, proceeding or investigation before any

  • Mediation means any process in which a mediator facilitates communication and negotiation between the parties to assist them in reaching a voluntary agreement regarding their dispute.

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

  • Settling Defendants means Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson, as well as their subsidiaries, affiliates, officers, and directors named in a National Settlement Agreement.

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

  • clinical investigation means any systematic investigation in one or more human subjects, undertaken to assess the safety or performance of a device;

  • Third Party Liability has the meaning ascribed thereto in Section 8.3.2;

  • Arbitration organization means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator.