Retained Cause of Action definition

Retained Cause of Action means a Cause of Action that is not waived, relinquished, exculpated, released, compromised, or settled under this Plan or a Bankruptcy Court order.
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Retained Cause of Action means a Cause of Action that (i) arose in the ordinary course of business of the applicable Debtor or Debtors related to such Debtor or Debtors’ ordinary course receivables, (ii) is not a Waived Avoidance Action, (iii) is not listed on the Schedule of Creditor Trust Causes of Action, and (iv) is not other waived or released pursuant to the Plan or order of the Bankruptcy Court.
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Retained Cause of Action means any Cause of Action, including Avoidance
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Examples of Retained Cause of Action in a sentence

  • Nothing contained in the Plan, the Confirmation Order or this Liquidating Trust Agreement shall be deemed to be a waiver, release, or relinquishment of any Retained Cause of Action, right of setoff, or other legal or equitable defense which the Liquidating Debtors had immediately prior to the Petition Date, against or with respect to any Claim against the Liquidating Debtors left unimpaired by the Plan.

  • No preclusion doctrine, including the doctrines of res judicata, collateral estoppel, issue preclusion, claim preclusion, estoppel (judicial, equitable, or otherwise), or laches, shall apply to such Causes of Action upon, after, or as a consequence of Confirmation or Consummation, including any argument of waiver on account of the failure to include or describe with sufficient specificity any Retained Cause of Action herein, on any Schedule of Retained Causes of Action, or in the Confirmation Order.

  • The Debtors’ inclusion or failure to include or describe with sufficient specificity any Retained Cause of Action herein, on any Schedule of Retained Causes of Action, or in the Confirmation Order shall not be deemed an admission, denial, or waiver of any Retained Cause of Action that the Debtors or their Estates may hold.

  • In accordance with section 1123(b) of the Bankruptcy Code, the Debtors shall release all rights to commence and pursue, as appropriate, any and all Avoidance Actions not identified as an EME Retained Cause of Action in the Plan Supplement.

  • Neither Seller nor any of its Affiliates will commence any Retained Cause of Action relating to the Butane Blending Business against any party (other than Buckeye Terminals LLC and/or its Affiliates) that was a customer of Seller or the Company at the time of the Closing without the prior written consent of Buyer.

  • The Liquidating Trust shall not waive or release any claim or cause of action against such Person by (a) failing to effect such a setoff or recoupment, (b) failing to assert any such matter prior to Confirmation or the Effective Date, (c) allowing any Claim or Retained Cause of Action against the Liquidating Trust, or (d) making a Distribution on account of an Allowed Claim or Cause of Action.


More Definitions of Retained Cause of Action

Retained Cause of Action means any Cause of Action that any Debtor may have or be entitled to assert on behalf of its Estate or itself and that is not released, waived, or transferred by the Debtors pursuant to the Plan, including any Causes of Action against Excluded Parties, and the Causes of Action set forth in the Schedule of Retained Causes of Action.
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Related to Retained Cause of Action

  • Cause of Action means any action, claim, cause of action, controversy, proceeding, reimbursement claim, affirmative defense, demand, right, Lien, indemnity, guaranty, suit, obligation, liability, loss, damage, remedy, judgment, account, defense, offset (including setoff or recoupment rights), power, privilege, license and franchise of any kind or character whatsoever, known or unknown, foreseen or unforeseen, Contingent or non-contingent, matured or unmatured, suspected or unsuspected, liquidated or unliquidated, disputed or undisputed, secured or unsecured, and assertable directly or derivatively, whether arising before, on or after the Petition Date, in contract or in tort, in law or in equity or pursuant to any other theory of law. For the avoidance of doubt, Cause of Action includes: (i) any right of setoff, counterclaim or recoupment and any claim for breach of contract or for breach of duties imposed by law or in equity, (ii) the right to object to or otherwise contest Claims or Interests, (iii) any claim pursuant to section 362 or chapter 5 of the Bankruptcy Code, (iv) any Avoidance Action, (v) any claim or defense, including fraud, mistake, duress and usury, and any other defenses set forth in section 558 of the Bankruptcy Code, and (vi) any claim under any state or foreign law, including any fraudulent transfer or similar claim.

  • Retained Causes of Action means any Cause of Action other than Avoidance Actions and any other Cause of Action that is expressly subject to the release and exculpation provisions of this Plan.

  • Retained Claims means the Debtors’ interests in all existing and potential causes of action and litigation in which any of the Debtors is the plaintiff (or could be a plaintiff), or a defendant with a counterclaim or cross claims, including, without limitation, any claim, right or interest each or any of the Debtors may have as a direct or indirect result of COVID-19, against or with respect to any local, state, or federal government, agency, instrumentality, or other Governmental Unit as well as any insurer (or account of any Insurance Policy), including, without limitation, Relief Funds.

  • Indemnification Period means the period of time during which Indemnitee shall continue to serve as a director or as an officer of the Corporation, and thereafter so long as Indemnitee shall be subject to any possible Proceeding arising out of acts or omissions of Indemnitee as a director or as an officer of the Corporation.

  • Survival Period has the meaning set forth in Section 11.1.