Litigation Trust Causes of Action definition

Litigation Trust Causes of Action means (a) all Claims or Causes of Action held by or on behalf of any Debtor (or any assignee of any Debtor) against the FTF Parties concerning, or on account of, the 2014 Transaction and/or any transfer of an interest of any Debtor in property provided for thereunder, including any Claims to recover the value of such transferred property, Claims arising under the Bankruptcy Code, state fraudulent transfer statutes and claims arising under state law based upon negligence, breach of fiduciary duty, lender liability, and/or other similar Claims concerning the 2014 Transaction and (b) all Claims or Causes of Action held by the Debtors or the Reorganized Debtors under any of the D&O Liability Insurance Policies related to any of the Claims described in sub-section (a) to the extent assignable to the Litigation Trust pursuant to the terms of the applicable D&O Liability Insurance Policies, all to the extent such Claims are not otherwise released or waived under the terms hereof.
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Litigation Trust Causes of Action means (i) any Causes of Action that the Debtors or their Estates may have that are based on or related to any and all actions taken by, or omissions of, any of the Bouchard Interested Parties in connection with the management or affairs of the Debtors prior to or after the filing of the Chapter 11 Cases;
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Litigation Trust Causes of Action means all claims, Causes of Action, rights of action, suits, and proceedings, whether in law or in equity, whether known or unknown, which any Debtor or any Debtor’s Estate may hold against any Holder of a Claim in any of the General Unsecured Classes, other than claims explicitly released under this Plan or by Final Order of the Bankruptcy Court before the Effective Date.
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Examples of Litigation Trust Causes of Action in a sentence

  • No Entity may rely on the absence of a specific reference in the Plan to any Litigation Trust Cause of Action against such Entity as any indication that the Litigation Trustee will not pursue any and all available Litigation Trust Causes of Action against such Entity.

  • The Litigation Trustee shall have the absolute right to pursue, settle and compromise or not pursue any and all Litigation Trust Causes of Action as it determines is in the best interests of the Beneficiaries, and consistent with the purposes of the Litigation Trust and the Plan.

  • The Litigation Trust’s receipt of the Privileges associated with the Litigation Trust Causes of Action shall not operate as a waiver of other privileges possessed or retained by the EPC Reorganizing Debtors.

  • The Litigation Trust may alone be the named movant, respondent, party plaintiff or defendant, or the like in all adversary proceedings, contested matters, and other cases or proceedings brought by or against it, and may settle and compromise all such matters in its own name, and the Litigation Trust shall be deemed to be a party in interest for all purposes concerning the Litigation Trust Causes of Action.

  • Notwithstanding anything contained in this Litigation Trust Agreement to the contrary, nothing herein shall affect the mutuality of obligations, if any, of any Holder of any Claim under Section 553 of the Bankruptcy Code, nor shall the transfer of the Litigation Trust Causes of Action to the Litigation Trust diminish any defenses a defendant would have if such Litigation Trust Causes of Action had been retained by the EPC Reorganizing Debtors, all of which are fully preserved.


More Definitions of Litigation Trust Causes of Action

Litigation Trust Causes of Action means those Claims and Causes of Action in the Plan
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Litigation Trust Causes of Action means Claims or Causes of Action raised by or on behalf of any of the Debtors, including (i) the Committee Action; (ii) the TOI Causes of Action except to the extent such causes of action are encumbered by the First Lien Revolving Loan, the First Lien Term Loan and the Second Lien Term Loan; and (iii) any claims or Causes of Action against (x) the Transeastern Lenders or (y) related to the July Recapitalization, except those Claims or Causes of Action released pursuant to the provisions of the Plan or that would be covered by insurance if not transferred to the Litigation Trust. For the avoidance of doubt, the Litigation Trust Causes of Action shall not include the Excluded Claims.
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Litigation Trust Causes of Action. All causes of action, claims, and counterclaims in any actions, mediations, arbitrations, and other proceedings with respect to Portland General Electric Company and any related subsidiaries and affiliates.
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Litigation Trust Causes of Action means all Causes of Action raised by or on behalf of any of the Debtors, including (i) the Fraudulent Transfer Action, (ii) the Preference Action and (iii) any claims or Causes of Action that the Committee or the Litigation Trustee are granted standing to pursue; provided, however, that the Litigation Trust Causes of Action shall not include the Excluded Claims.
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Litigation Trust Causes of Action means all claims and Causes of Action of the Debtors including but not limited to those set forth on Exhibit B, and the Retained Causes of Action.
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Litigation Trust Causes of Action means all Avoidances Actions and Causes of Action vested in the Litigation Trust pursuant to the Plan, and excluding any Avoidance Actions or Causes of Action that are either (a) acquired by the Purchaser or otherwise released pursuant to the Asset Purchase Agreement or (b) release pursuant to the Plan or the Final DIP Order.
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Litigation Trust Causes of Action means all Causes of Action of the U.S. Debtors and their Estates other than the Excluded Causes of Action, and including, without limitation: (a) Avoidance Actions; (b) any claims and proceeds of claims against Magnate S.à r.l., its managers and/or affiliates; (c) any claim against auditors and any professionals utilized by the U.S. Debtors and/or the Estates at any time (other than the Professionals retained by the Debtors in the Chapter 11 Cases); (d) the Litigation Trust's entitlements with respect to the Sinopec Recovery; and (e) all Privilege Rights.
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