Common use of Adjudication of Claims Clause in Contracts

Adjudication of Claims. 20. THIS COURT ORDERS that if a CMI Known Creditor (other than a CMI Employee) disputes the amount of the Claim as set out in the CMI General Notice of Claim, the CMI Known Creditor shall deliver to the CMI Entities a CMI Notice of Dispute of Claim which must be received by the CMI Entities by no later than the CMI Claims Bar Date. Such Person shall specify therein whether it disputes the value of the Claim for voting and/or distribution purposes. 21. THIS COURT ORDERS that if a CMI Known Creditor (other than a CMI Employee) does not deliver to the CMI Entities a completed CMI Notice of Dispute of Claim by the CMI Claims Bar Date disputing its Claim as valued by the CMI Entities for voting and distribution purposes, then such CMI Known Creditor shall be deemed to have accepted for voting and distribution purposes the valuation of the CMI Known Creditor’s Claim as set out in the CMI Notice of Claim, and such CMI Known Creditor’s Claim shall be treated as both a Voting Claim and a Distribution Claim. A CMI Known Creditor may accept a Claim for voting purposes as set out in the CMI Notice of Claim and dispute the Claim for distribution purposes in such CMI Known Creditor’s CMI Notice of Dispute of Claim provided that it does so by the CMI Claims Bar Date. A determination of a Voting Claim of a CMI Known Creditor does not in any way affect and is without prejudice to the process to determine such CMI Known Creditor’s Distribution Claim. 22. THIS COURT ORDERS that if a CMI Employee: (i) disputes the amount of the Claim in respect of Wages and Benefits as set out in the CMI Employee Notice of Claim; and/or (ii) believes that they have a Claim other than in respect of Wages and Benefits, the CMI Employee shall deliver to the CMI Entities a CMI Notice of Dispute of Claim which must be received by the CMI Entities by no later than the CMI Claims Bar Date. If such Person disputes the amount of the Claim in respect of Wages and Benefits as set out in the CMI Employee Notice of Claim, such Person shall specify therein whether it disputes the value of such Claim in respect of Wages and Benefits for voting and/or distribution purposes. 23. THIS COURT ORDERS that if a CMI Employee does not deliver to the CMI Entities a completed CMI Notice of Dispute of Claim by the CMI Claims Bar Date disputing its Claim in respect of Wages and Benefits as valued by the CMI Entities for voting and distribution purposes or asserting other Claims, then such CMI Employee shall be deemed to have accepted for voting and distribution purposes the valuation of the CMI Employee’s Claim as set out in the CMI Employee Notice of Claim, and such CMI Employee’s Claim shall be treated as both a Voting Claim and a Distribution Claim and all other Claims of CMI Employees shall be forever extinguished and barred. A CMI Employee may accept a Claim for voting purposes as set out in the CMI Employee Notice of Claim and dispute the Claim for distribution purposes in such CMI Employee’s CMI Notice of Dispute of Claim provided that it does so by the CMI Claims Bar Date. A determination of a Voting Claim of a CMI Employee does not in any way affect and is without prejudice to the process to determine such CMI Employee’s Distribution Claim.

Adjudication of Claims. 2032. THIS COURT ORDERS that the CMI Entities, with the assistance of the Monitor and on consultation with the CMI CRA, if a applicable, shall review all CMI Known Creditor (other than a Proofs of Claim received by the CMI Employee) disputes Claims Bar Date and shall accept, revise or reject the amount of the each Claim set out therein for voting and/or distribution purposes. The CMI Entities shall by no later than 11:59 p.m. on [Filing Date plus 50 Days], 2009, notify each CMI Unknown Creditor who has delivered a CMI Proof of Claim as to whether such CMI Unknown Creditor’s Claim as set out in therein has been revised or rejected for voting purposes (and for distribution purposes, if the CMI General Entities (on consultation with the CMI CRA, if applicable), elect to do so), and the reasons therefor, by sending a CMI Notice of ClaimRevision or Disallowance. Where the CMI Entities do not send by such date a CMI Notice of Revision or Disallowance to a CMI Unknown Creditor, the CMI Known Entities shall be deemed to have accepted such CMI Unknown Creditor’s Claim in the amount set out in that CMI Unknown Creditor’s CMI Proof of Claim as a Voting Claim for voting purposes only, which shall be deemed to be that CMI Unknown Creditor’s Voting Claim. 33. THIS COURT ORDERS that any CMI Unknown Creditor shall deliver who intends to dispute a CMI Notice of Revision or Disallowance sent pursuant to the CMI Entities immediately preceding paragraph shall, by no later than 5:00 p.m. on [Filing Date plus 60 Days], 2009 deliver a CMI Notice of Dispute of Claim which must be received by the CMI Entities by no later than the CMI Claims Bar Date. Such Person shall specify therein whether it disputes the value of the Claim for voting and/or distribution purposes. 21. THIS COURT ORDERS that if a CMI Known Creditor (other than a CMI Employee) does not deliver Revision or Disallowance to the CMI Entities a completed CMI Notice of Dispute of Claim by the CMI Claims Bar Date disputing its Claim as valued by the CMI Entities for voting and distribution purposes, then such CMI Known Creditor shall be deemed to have accepted for voting and distribution purposes the valuation of the CMI Known Creditor’s Claim as set out in the CMI Notice of Claim, and such CMI Known Creditor’s Claim shall be treated as both a Voting Claim and a Distribution Claim. A CMI Known Creditor may accept a Claim for voting purposes as set out in the CMI Notice of Claim and dispute the Claim for distribution purposes in such CMI Known Creditor’s CMI Notice of Dispute of Claim provided that it does so by the CMI Claims Bar Date. A determination of a Voting Claim of a CMI Known Creditor does not in any way affect and is without prejudice to the process to determine such CMI Known Creditor’s Distribution ClaimEntities. 22. THIS COURT ORDERS that if a CMI Employee: (i) disputes the amount of the Claim in respect of Wages and Benefits as set out in the CMI Employee Notice of Claim; and/or (ii) believes that they have a Claim other than in respect of Wages and Benefits, the CMI Employee shall deliver to the CMI Entities a CMI Notice of Dispute of Claim which must be received by the CMI Entities by no later than the CMI Claims Bar Date. If such Person disputes the amount of the Claim in respect of Wages and Benefits as set out in the CMI Employee Notice of Claim, such Person shall specify therein whether it disputes the value of such Claim in respect of Wages and Benefits for voting and/or distribution purposes. 23. THIS COURT ORDERS that if a CMI Employee does not deliver to the CMI Entities a completed CMI Notice of Dispute of Claim by the CMI Claims Bar Date disputing its Claim in respect of Wages and Benefits as valued by the CMI Entities for voting and distribution purposes or asserting other Claims, then such CMI Employee shall be deemed to have accepted for voting and distribution purposes the valuation of the CMI Employee’s Claim as set out in the CMI Employee Notice of Claim, and such CMI Employee’s Claim shall be treated as both a Voting Claim and a Distribution Claim and all other Claims of CMI Employees shall be forever extinguished and barred. A CMI Employee may accept a Claim for voting purposes as set out in the CMI Employee Notice of Claim and dispute the Claim for distribution purposes in such CMI Employee’s CMI Notice of Dispute of Claim provided that it does so by the CMI Claims Bar Date. A determination of a Voting Claim of a CMI Employee does not in any way affect and is without prejudice to the process to determine such CMI Employee’s Distribution Claim.