Unknown Claim or "Unknown Claims" means any and all Claims, including without limitation, any Claim which any of the parties hereto does not know or even suspect to exist in his, her, or its favor at the time of the giving of the releases and waivers set forth in Section 15.17 hereof which, if known by him, her or it might have affected his, her or its decision regarding the releases and waivers. Each of the parties acknowledges that he, she or it might hereafter discover facts in addition to or different from those which he, she, or its now knows or believes to be true with respect to the matters herein released and waived, but each shall be deemed to have fully, finally and forever released any and all Claims.
Unknown Claim means any Claim that any Party does not know or suspect to exist in his, her or its favor at any time on or before the date that such Party’s release becomes effective, and that, if known by him, her, or it, might have affected his, her or its decision to settle or might have affected his, her, or its decision not to request exclusion from the Settlement Class or not to object to the Settlement Agreement, as the case may be.
Unknown Claim is defined in Section 9.2.
Examples of Unknown Claim in a sentence
The Pre-Effective Date Unknown Claim Reserve shall be administered as provided in the Trust Agreement and Survivor Claim Distribution Plan.
One-half of any funds that remain in the Pre-Effective Date Unknown Claim Reserve shall be returned to the Reorganized Debtor within 30 days of the completion of payments to holders of all allowed Pre- Effective Date Unknown Survivor Claims.
The Trust shall establish the Pre-Effective Date Unknown Claim Reserve.
The Trust shall maintain the Pre-Effective Date Unknown Claim Reserve until the payment of all allowed Pre-Effective Date Unknown Survivor Claims.
The Trust shall maintain the Post-Effective Date Unknown Claim Reserve until the earlier of (i) the exhaustion of the Post-Effective Date Unknown Claim Reserve or (ii) the occurrence of the fifth (5th) anniversary of the Effective Date.
More Definitions of Unknown Claim
Unknown Claim means any Claim that the Co-Lead Plaintiffs, the ERISA Plans, the fiduciaries of the ERISA Plans, and Class Members do not know or suspect to exist in his, her, or its favor at any time on or before the date that her, his, or its release becomes effective, and that, if known by him, her, or it, might have affected his, her, or its settlement with any of the Defendants or other Releasees or might have affected his, her, or its decision not to object to this Settlement Agreement.
Unknown Claim means any Claim that any Settling Party does not know or suspect to exist in his, her or its favor but that accrued at any time on or before the Final Order becomes Non-Appealable, including, without limitation, Claims that if known might have affected the decision to enter into this Settlement Agreement or not to object to the Settlement. With respect to all Settled Claims, the Settling Parties stipulate and agree that upon the Final Order becoming Non-Appealable, each Settling Party shall expressly waive, and shall be deemed to, and by operation of the Final Order shall, waive and relinquish, to the fullest extent permitted by law, the provisions, rights and benefits of Chapter 9-13-02 of the North Dakota Century Code and all similar, comparable, and/or equivalent provisions of the statutory or common laws of any other State, Territory, or other jurisdiction. Chapter 9-13-02 reads:
Unknown Claim means any Released Claim that Lead Plaintiff or any Settlement Class Member does not know or suspect to exist in his, her, or its favor at the time of the release of the Released Persons, which, if known by him, her, or it, might have affected his, her, or its decision(s) with respect to the Settlement, including, but not limited to, the decision not to object to the Settlement.
Unknown Claim means any Claim that a Non-U.S. Exchange Purchaser does not or could not know or suspect to exist in his, her, or its favor at any time on or before the Notice Mailing Date and that, if known by him, her, or it, might have affected his, her, or its settlement with any of the Releasees or might have affected his, her, or its decision whether to notify the Administrator by the Exclusion Date that he, she, or it did not wish to be bound by the Binding Declaration and the Release.
Unknown Claim means any claim arising out of newly-discovered facts and/or facts not now known but which could reasonably be discovered, and/or found hereafter to be other than or different from the facts now believed to be true. The Released Claims include all Unknown Claims relating to the alleged systematic practice to reduce the amount of actual cash value payments through claims- estimating software. An Unknown Claim is not a claim arising out of coverages other than for loss or damage to structures or buildings, or a claim for replacement cost benefits submitted in the ordinary course.
Unknown Claim means claims arising out of facts found hereafter to be other than or different from facts now known or believed to be true, relating to any matter covered by this Proposed Settlement.
Unknown Claim means any Claim that any Co-Lead Plaintiff or any Class Member does not know or suspect to exist in his, her or its favor at any time on or before the date that such Class Member’s release becomes effective, including, without limitation, Claims that if known by him, her or it might have affected his, her or its decision(s) to settle with and release the Released Parties or not to object to the Settlement or to seek exclusion from the Class, and any Settled Defendants’ Claims which any Defendant does not know or suspect to exist in his, her or its favor, 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 Settled Claims and Settled Defendants’ Claims, the Settling Parties stipulate and agree that upon the Effective Date, the Co- Lead Plaintiffs and the Defendants shall expressly waive, and each Class Member, Releasor, and Released Party shall be deemed to, and by operation of the Judgment shall, waive and relinquish,