Trust Causes of Action definition

Trust Causes of Action means any and all Causes of Action that shall vest in the LSI Creditor Trust as of the Effective Date of the Plan.
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Trust Causes of Action means any and all of the actions, claims, rights, defenses, counterclaims, suits and causes of action of the Debtors and the other Asbestos Protected Parties, whether known or unknown, in law, at equity or otherwise, whenever and wherever arising under the laws of any jurisdiction attributable to: (a) all defenses to any Asbestos PI Claim, (b) with respect to any Asbestos PI Claim, all rights of setoff, recoupment, contribution, reimbursement, subrogation, or indemnity (as those terms are defined by the non-bankruptcy law of any relevant jurisdiction) and any other indirect claim of any kind whatsoever, whenever and wherever arising or asserted, and (c) any other claims or rights with respect to Asbestos PI Claims that any of the Debtors and the other Asbestos Protected Parties would have had under applicable law if the Chapter 11 Cases had not occurred and the holder of such Asbestos PI Claim had asserted it by initiating civil litigation against any such Debtor and the other Asbestos Protected Parties. Notwithstanding the foregoing, except for the Asbestos Insurance Rights, Asbestos PI Trust Assets and Trust Causes of Action shall not include any claim, cause of action, or right of the Debtors or any of them, under the laws of any jurisdiction, against any party (including the Sealed Air Indemnified Parties) for reimbursement, indemnity, contribution, breach of contract, or otherwise arising from or based on any payments made by the Debtors on account of Asbestos PI Claims prior to the Effective Date.
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Trust Causes of Action means any causes of action belonging to Debtor or the estate
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Examples of 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.

  • The Litigation Trustee shall be under an obligation to make continuing reasonable efforts to timely resolve the Litigation Trust Causes of Action and not unreasonably prolong the duration of the Litigation Trust.

  • Such cooperation shall include, but not be limited to providing the Trust with (i) reasonably prompt access to any information the Trust reasonably requests in connection with its pursuit of Objections to General Unsecured Claims or its prosecution of Litigation Trust Causes of Action; and (ii) reasonable access to employees of the Reorganized Debtors with knowledge regarding the General Unsecured Claims or Litigation Trust Causes of Action.

  • The monetization of the Litigation Trust Causes of Action may be accomplished either through the prosecution, compromise and settlement, abandonment or dismissal of any or all of the Litigation Trust Causes of Action and/or otherwise in accordance with the Plan, the Confirmation Order and this Agreement.

  • The First Lien Agent, the Second Lien Agent, the First Lien Lenders and the Second Lien Note Purchasers shall reasonably cooperate with the Litigation Trustee in the administration of the Litigation Trust, by making available documents, witnesses and other information relating to the Litigation Trust Causes of Action, at no cost or expense of the Litigation Trust other than out of pocket expenses for copying, travel, lodging or similar expenses.

  • After the Data Transfer is complete, the Debtors, and their professionals, advisors, agents and representatives, will have no other obligations under this Agreement to provide information to the Litigation Trust and Litigation Trustee and their professionals in connection with the Litigation Trust Assets, including the Litigation Trust Causes of Action.


More Definitions of Trust Causes of Action

Trust Causes of Action means any and all Causes of Action that arose on or prior to the Commencement Date and are held as of the Effective Date by the Debtors’ estates against Lone Star, Ahold, Bruno's, and each of their current or former respective officers, managers, directors, principals, members, partners, equity holders, stockholders, employees, agents, professionals, advisors, consultants, accountants, and attorneys, each acting in such capacities, any director or officer of any of the Debtors serving in such capacities prior to the Commencement Date, the Specified Executives, the Debtors’ Prepetition Professionals and all of the successors and assigns of any of the foregoing, in connection with, relating to, or arising from the (A) acquisition of the Debtors by Lone Star from Ahold, (B) the sale or spin-off of Bruno’s assets, operations or equity or membership interests by any Debtor to Lone Star, (C) any transaction involving any Debtor and Bruno’s, (D) any transaction (except those arising from an executory contract or unexpired lease assumed or to be assumed by the Debtors) involving any Debtor and Ahold, (E) any transaction involving any Debtor and Lone Star, and (F) any actual or considered sale or transfer, or efforts to sell or otherwise transfer, any Debtor or the equity or assets of any Debtor; provided, however, that, and without in any other way limiting the foregoing, Trust Causes of Action shall not include any Causes of Action arising under chapter 5 of the Bankruptcy Code against William Blair & Company, AP Services, LLC, and the law firms retained by the Debtors in the Chapter 11 Cases, including Vinson & Elkins L.L.P. and Nelson Mullins Riley & Scarborough, L.L.P, or any of the foregoing entities' successors in interest.
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Trust Causes of Action means all Causes of Action arising prior to the Effective Date that either (a) accrued to the Debtors as debtors in possession under Chapter 5 of the Bankruptcy Code, including, but not limited to, any and all such Causes of Action against parties who are identified on the Schedules; or (b) accrued to (i) unsecured creditors of the Debtors under applicable non-bankruptcy law prior to the Commencement Date, but are deemed under the Bankruptcy Code and applicable interpretive case law to be derivative of the Estates' interests and therefore became property of the Estates upon the commencement of the Chapter 11 Cases; or (ii) the Debtors or their Estates, in either case including, but not limited to, the Identified Actions; PROVIDED, however, that Trust Causes of Action shall not include (x) Causes of Action expressly released or discharged under the Plan, including, but not limited to, Causes of Action against the Senior Secured Lenders released pursuant to Section 4.2(i) of the Plan; and (y) the Retained Actions.
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Trust Causes of Action means any and all of the Debtors' actions, claims, rights, defenses, counterclaims, suits and causes of action (but excluding all Asbestos Insurance Actions), whether known or unknown, in law, equity or otherwise, including, without limitation: (a) the Debtors' rights against Dana (including, but not limited to, the Dana Liabilities), Allied and Rapid-American, (b) avoidance actions granted pursuant to and existing under Sections 502, 542, 543, 544, 545, 547, 548, 549, 550, 551 and 553 of the Bankruptcy Code (other than those which are released or dismissed as part of and pursuant to the Plan, including those asserted in the Affiliate Action and the Equitable Subordination Action), (c) rights of the Debtors against any Entity in respect of the Wellington Agreement, (d) defenses to any Asbestos Claim including, but not limited to, all defenses under Section 502 of the Bankruptcy Code, (e) rights of setoff, recoupment, contribution, reimbursement, subrogation or indemnity (as those terms are defined by the non-bankruptcy law of any relevant jurisdiction) and any other indirect claim of any kind whatsoever, whenever and wherever arising or asserted and (f) any other claims or rights with respect to Asbestos Claims that the Debtors would have had under applicable law if the Reorganization Cases had not occurred and the holder of such Asbestos Claim had asserted it by initiating civil litigation against the Debtors.
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Related to Trust Causes of Action

  • Causes of Action means any claims, interests, damages, remedies, causes of action, demands, rights, actions, suits, obligations, liabilities, accounts, defenses, offsets, powers, privileges, licenses, liens, indemnities, guaranties, and franchises of any kind or character whatsoever, whether known or unknown, foreseen or unforeseen, existing or hereinafter arising, contingent or non-contingent, liquidated or unliquidated, secured or unsecured, assertable, directly or derivatively, matured or unmatured, suspected or unsuspected, in contract, tort, law, equity, or otherwise. Causes of Action also include: (a) all rights of setoff, counterclaim, or recoupment and claims under contracts or for breaches of duties imposed by law; (b) the right to object to or otherwise contest Claims or Interests; (c) claims pursuant to sections 362, 510, 542, 543, 544 through 550, or 553 of the Bankruptcy Code; and (d) such claims and defenses as fraud, mistake, duress, and usury, and any other defenses set forth in section 558 of the Bankruptcy Code.

  • 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.

  • Released Plaintiffs’ Claims means any and all manner of claims, demands, rights, liabilities, losses, obligations, duties, damages, costs, debts, expenses, interest, penalties, sanctions, fees, attorneys’ fees, actions, potential actions, causes of action, suits, agreements, judgments, decrees, matters, issues and controversies of any kind, nature or description whatsoever, whether known or unknown, disclosed or undisclosed, accrued or unaccrued, apparent or not apparent, foreseen or unforeseen, matured or not matured, suspected or unsuspected, liquidated or not liquidated, fixed or contingent, including Unknown Claims (defined below), that Plaintiffs asserted against the Released Defendant Parties in the complaints filed in the Action, or that Freeport could have asserted directly, or that Plaintiffs or any other Freeport Stockholder could have asserted derivatively on behalf of Freeport against the Released Defendant Parties, in any court, tribunal, forum or proceeding, whether based on state, local, foreign, federal, statutory, regulatory, common or other rule of law, based upon, arising out of, relating to, or concerning (which phrases are intended to be construed as broadly as permitted under applicable Delaware law as to the scope of releases provided in consideration for settlement of derivative claims): (i) Freeport’s decision to acquire and acquisition of MMR, which transaction was announced December 5, 2012 and closed June 3, 2013, (ii) Freeport’s decision to acquire and acquisition of Plains, which transaction was announced December 5, 2012 and closed May 31, 2013, or (iii) the actions, inactions, conduct, deliberations, discussion, decisions, votes or any other conduct of any kind of the Freeport officers or directors relating to the Transactions or the Freeport Board’s approval of the Transactions, but excluding (a) any claims Freeport may have against Credit Suisse arising from Credit Suisse’s bad faith, gross negligence, willful misconduct or fraud, as those terms are used in the Engagement Letter between Freeport and Credit Suisse dated September 20, 2012, in connection with its engagement to act as lead financial advisor to the Special Committee of the Freeport Board with respect to Freeport’s decision to acquire and acquisition of MMR and Plains, and (b) any claims relating to the enforcement of the Settlement. For the avoidance of doubt, Released Plaintiffs’ Claims do not include any direct claims belonging to Freeport Stockholders, and such claims are not released by this Settlement.

  • Released PAGA Claims means the claims being released as described in Paragraph 5.3 below.

  • Released Claims means all Released Defendants’ Claims and all Released Plaintiffs’ Claims.