COMMON LAW DIRECT ACTION SETTLEMENT FUND DISTRIBUTION PROCEDURES

Size: px
Start display at page:

Download "COMMON LAW DIRECT ACTION SETTLEMENT FUND DISTRIBUTION PROCEDURES"

Transcription

1 COMMON LAW DIRECT ACTION SETTLEMENT FUND DISTRIBUTION PROCEDURES These Common Law Direct Action Settlement Fund Distribution Procedures (these FDP ) implement the provisions of the Common Law Settlement Agreement and include the procedures for determining and resolving all Claims. 1. DEFINITIONS 1.1. Administrator shall mean the Person who shall administer the Common Law Direct Action Settlement Fund in accordance with the Common Law Settlement Agreement, the Common Law Settlement Order, the FDP Order and the purposes set forth in Section 2 herein Administrator Expense Fund shall mean the sum of (a) the payment that Travelers makes to the Administrator in the aggregate amount not to exceed four million dollars ($4,000,000.00), pursuant to Paragraph 3(b) of the Common Law Settlement Agreement, plus (b) any Processing Fees and Arbitration Deposits Arbitration Deposit shall equal five hundred dollars ($500.00) per arbitration Bankruptcy Cases shall mean the cases filed under Chapter 11 of Title 11 of the United States Code with the Bankruptcy Court entitled In re Johns-Manville Corp. et al. and bearing Case Nos. 82 B 11656, 82 B 11657, 82 B 11660, 82 B 11661, 82 B through 82 B inclusive, 82 B and 82 B (CGM) Bankruptcy Court shall mean the United States Bankruptcy Court for the Southern District of New York Bilateral Asbestos-Related Nonmalignant Disease shall mean a disease evidenced by an x-ray reading of 1/0 or higher on the ILO scale, or bilateral pleural plaques or pleural thickening (or, if an ILO reading is not available, a chest x-ray reading, CT scan reading, or other medical diagnosis that indicates bilateral interstitial fibrosis, bilateral interstitial markings, bilateral pleural plaques or bilateral pleural thickening consistent with, or compatible with, a diagnosis of asbestos-related disease) or pathological evidence of asbestosis Business Day shall mean any day which is not a Saturday, a Sunday, a legal holiday as defined in Rule 9006(a) of the Federal Rules of Bankruptcy Procedure, or a day on which banking institutions in the State of New York are authorized or obligated by law, executive order or governmental decree to be closed Claim shall mean any right or remedy against Travelers including, without limitation, all claims, counts, cross-complaints, counterclaims, affirmative defenses, writs, demands, inquiries, requests, suits, lawsuits, rights, actions, damages, liens, contracts, policies, indemnity or defense obligations, agreements, promises, undertakings, claims for indemnity, contribution or the like, liabilities, judgments, settlements, losses, costs, expenses, administrative proceedings, directives, governmental actions or other causes of action or orders, whether known or unknown, asserted or unasserted, manifested or unmanifested, secured or unsecured, matured or unmatured, disputed or undisputed, foreseen or unforeseen, fixed or contingent, direct or

2 indirect, whether in law, equity, bankruptcy, admiralty or otherwise, relating in any way whatsoever to bodily injuries, death or damages of any kind or nature to a Claimant (including, but not limited to bodily injury illness or death, loss of consortium (including spousal, children s or parental consortium), loss of love, society and companionship, medical monitoring, fear of cancer, attorneys fees, expenses, and penalties or recompense) arising from or relating in any way to asbestos, exposure to asbestos, knowledge about asbestos or the handling, defense, trial, appeal or settlement of asbestos-related claims or the participation in the handling, defense, trial, appeal or settlement of asbestos-related claims, further including but not limited to claims for economic damages, consequential damages and punitive damages Claimant shall mean a Person who timely files a Claim Form with respect to a Claim arising from a diagnosis of an asbestos-related disease and either (a) is a Person listed on Exhibit A attached hereto as referenced in the Common Law Settlement Agreement as Exhibit C or (b) is a Person who could have filed a viable direct action lawsuit against Travelers that directly or indirectly was based upon, arose out of or related to Travelers insurance relationship with Manville Claim Form shall mean the claim form substantially in the form attached hereto as Exhibit B and any supporting documentation that a Claimant may submit therewith Claim Form Deadline shall have the meaning given it in Section 6.2(a) herein Claim Form Review Period shall have the meaning given it in Section 6.6 herein Common Law Direct Action Settlement Fund shall mean the fund created pursuant to the Common Law Settlement Agreement Common Law Settlement Agreement shall mean that certain Settlement Agreement dated as of May 21, 2004, as amended on May 25, 2004, by and between the Common Law Settlement Counsel and Travelers, as the same may be amended, modified or supplemented from time to time Common Law Settlement Agreement Date shall mean May 25, Common Law Settlement Counsel shall have the meaning ascribed to it in the Common Law Settlement Agreement Common Law Settlement Order shall mean the Order Approving Settlement of the Statutory, Hawaii and Common Law Direct Actions and Clarifying Confirmation Order, Including Insurance Settlement Order and Channeling Injunction, that the Bankruptcy Court entered in the Bankruptcy Cases on August 17, 2004, as amended by subsequent decisions up to and including Travelers Indemnity Co. v. Bailey, 129 S. Ct (2009) Confirmation Order shall mean the order that the Bankruptcy Court entered in the Bankruptcy Cases on December 22, 1986 confirming the Second Amended and Restated Plan of Reorganization proposed by Manville. 2

3 1.19. Entity shall mean any corporation, limited liability entity, partnership, association, trust and any other entity (including any estate, guardian or beneficiary thereof) or organization, including without limitation any federal, state or local government, or quasigovernmental body or political subdivision, department, agency or instrumentality thereof, or any Person FDP Order shall mean the Order Approving (A) the Common Law Direct Action Settlement Fund Distribution Procedures and (B) the Common Law Direct Action Settlement Fund Claim Form Final Order shall mean an order as to which the time to appeal, petition for certiorari or file a motion for reargument or rehearing has expired, and as to which no appeal, petition for certiorari or other proceeding for reargument or rehearing shall be pending or as to which any right to appeal, petition for certiorari or file a motion for reargument or rehearing shall have been waived in writing by the Person or Entity possessing such right or, in the event an appeal, writ of certiorari or motion for reargument or rehearing has been sought or filed, such order shall have been affirmed by the highest court to which such order was appealed or certiorari has been denied and the time to take any further appeal or petition for certiorari shall have expired Hawaii Direct Action Claims shall mean (a) the putative class action lawsuits captioned Lorenzo Baclaan et al. v. Combustion Engineering, Inc. et al., Case No , United States District Court for the District of Hawaii, and George Toro et al. v. Combustion Engineering, Inc. et al., Case No , United States District Court for the District of Hawaii, (b) the lawsuit captioned Theodore K. Hopkins et al. v. Combustion Engineering, Inc. et al., Case No , United States District Court for the District of Hawaii; and (c) any other Claim against Travelers, whether under a statute, common law or otherwise, asserted or unasserted, arising from or relating to Travelers alleged acts, omissions or involvement of any type in the handling, defense, trial, appeal or settlement of any Claim or the participation or alleged participation in any way relating to the handling, defense, trial, appeal or settlement of any Claim by any Person against Combustion Engineering, Inc. (and its past, present or future parents, subsidiaries, divisions or affiliates) filed in any state or federal court located in Hawaii Hawaii Direct Action Settlement Fund shall mean the fund created pursuant to the Hawaii Settlement Agreement Hawaii Settlement Agreement shall mean that certain Settlement Agreement, dated as of May 21, 2004, made and entered into by and between (a) the Hawaii Direct Action Settlement Counsel (as defined therein) on behalf of all Persons who have asserted Hawaii Direct Action Claims and (b) The Travelers Indemnity Company and Travelers Casualty and Surety Company (formerly known as The Aetna Casualty and Surety Company) Level I Claim shall have the meaning given it in Section 6.4(a)(i) herein Level II Claim shall have the meaning given it in Section 6.4(a)(ii) herein Level III Claim shall have the meaning given it in Section 6.4(a)(iii) herein. 3

4 1.28. Level IV Claim shall have the meaning given it in Section 6.4(a)(iv) herein Manville shall mean Johns-Manville Corporation, Manville Corporation, Manville International Corporation, Manville Export Corporation, Johns-Manville International Corporation, Manville Sales Corporation (f/k/a Johns-Manville Sales Corporation, successor by merger to Manville Building Materials Corporation, Manville Products Corporation and Manville Service Corporation), Manville International Canada, Inc., Manville Canada, Inc., Manville Investment Corporation, Manville Properties Corporation, Allan-Deane Corporation, Ken-Caryl Ranch Corporation, Johns-Manville Idaho, Inc., Manville Canada Service Inc., and Sunbelt Contractors, Inc Manville Trust shall mean the Manville Personal Injury Settlement Trust created pursuant to the Second Amended and Restated Plan of Reorganization confirmed by the Confirmation Order Person shall mean any individual or group of individuals, their heirs, executors, representatives, administrators, estates, agents, successors and assigns Processing Fee shall be one hundred fifty-five dollars ($155.00) per Qualifying Claim Professionals shall mean employees, consultants, agents, advisors, medical experts, attorneys, accountants, financial advisors and any other professional Person or Entity Qualifying Claim shall have the meaning given it in Section 6.7 herein Release shall mean that certain General Release in the form attached hereto as Exhibit C, as the same was attached to the Common Law Settlement Agreement as Exhibit B Released Parties shall have the meaning given it in Section 1.41 herein Second Notice shall have the meaning given it in Section 6.8 herein Statutory Direct Action Claims shall mean (A) the following putative class action lawsuits filed against Travelers: (1) each of the lawsuits consolidated under In re Asbestos Unfair Trade Practices Insurance Cases, No. 02-C-7000, Circuit Court of Kanawha County, West Virginia, and (2) Agnes Cashman et al. v. Travelers Indemnity Company et al., Civ. A. No , Superior Court of Suffolk County, Commonwealth of Massachusetts; (B) all other Claims by Persons who presently hold Claims, whether asserted or unasserted, under the statutes, laws or regulations of Florida, Hawaii, Kentucky, Louisiana, Massachusetts, Montana, New Mexico, North Carolina, North Dakota, South Carolina, and West Virginia against Travelers arising from or relating to any acts or omissions of Travelers in (1) the handling, defense, trial, appeal or settlement or participation in the handling, defense, trial, appeal or settlement of any Claim, (b) disclosing, failing to disclose, suppressing, misleading, conspiring with any Entity to disclose or fail to disclose, suppress or mislead or acting in concert with any Entity to disclose or fail to disclose or suppress or mislead with respect to any facts, information, knowledge or beliefs about asbestos or its hazardous properties in connection with the handling, defense, settlement or trial or participation in the handling, defense, settlement or trial of any 4

5 Claim, or (c) that allege unfair competition, unfair or deceptive claims handling or trade practices, lack of good faith and fair dealing, statutory-based Claims for bad faith, actual or constructive fraud, or actual or constructive breach of fiduciary duty involving, in any way, asbestos Statutory Direct Action Settlement Fund shall mean the fund created pursuant to the Statutory Settlement Agreement Statutory Settlement Agreement shall mean that certain Amended Settlement Agreement dated as of March 5, 2004, as amended as of March 26, 2004, made and entered into by and between (a) the Settlement Counsel (as defined therein) on behalf of all Persons who have asserted Statutory Direct Actions Claims and (b) The Travelers Indemnity Company and Travelers Casualty and Surety Company (formerly known as The Aetna Casualty and Surety Company) Travelers shall mean The Travelers Indemnity Company, Travelers Casualty and Surety Company, Travelers Property Casualty Corp., Citigroup Inc., The Travelers Insurance Company, Travelers Life and Annuity Company, and each of their respective direct or indirect parents, subsidiaries and sister companies (i.e. Entities that are directly or indirectly owned or controlled by a common parent or holding company), as well as each of their respective predecessors, successors, assigns, officers and directors (for purposes of this Section 1.41, all of the Entities described above are collectively referred to as the Released Parties ). Travelers shall also include future parents, subsidiaries and sister companies of the Released Parties (or successors of any of the foregoing); provided, however, that Travelers shall not include The St. Paul Companies (as constituted prior to April 1, 2004) or any company first acquiring, acquired by or merging with any of the Released Parties on or after the Common Law Settlement Agreement Date from any liability for such Entity s own conduct and not for conduct relating to or arising from acts, omissions, conduct or issuance of insurance by the Released Parties. Travelers shall also include past parents, subsidiaries or sister companies of any of the Released Parties (or successors of any of the foregoing); provided, further, that Travelers shall not include any such past parent, subsidiary or sister company that no longer is a parent, subsidiary or sister company of any of the Released Parties as of the Common Law Settlement Agreement Date for their own conduct after its ownership of or by or affiliation with any of the Released Parties ended and not relating to or arising from acts, omissions, conduct or issuance of insurance by any of the Released Parties. By way of example, Travelers shall not include Aetna Inc., or any of its predecessors in interest, for their own conduct post-dating April 1996 relating to or arising from acts, omissions, conduct or issuance of insurance and not relating to or arising from acts, omissions, conduct or issuance of insurance by any of the Released Parties. 2. PURPOSES The purposes of these FDP are to (a) set forth procedures for the fair and timely determination of Claims against the Common Law Direct Action Settlement Fund, the determination of the allocable amounts of such Claims and the payment of such Claims, such that the holders of Qualifying Claims against the Common Law Direct Action Settlement Fund are treated fairly, equitably and reasonably in light of the merits of each Claim and the funds 5

6 available to satisfy such Qualifying Claims, and (b) describe the duties and powers of the Administrator. 3. POWERS AND FUND ADMINISTRATION 3.1. Powers. (a) The Administrator is and shall act as a fiduciary to the Common Law Direct Action Settlement Fund, and shall, at all times, administer the Common Law Direct Action Settlement Fund in accordance with the Common Law Settlement Agreement and the purposes set forth in Section 2 above. Subject to the limitations set forth in these FDP, the Administrator shall have the power to take any and all actions that, in the judgment of the Administrator, are necessary or proper to fulfill the purposes of the Common Law Settlement Agreement, including each power expressly granted in this Section 3.1 and any power reasonably incidental thereto. (b) Without limiting the generality of Section 3.1(a) above, the Administrator shall have the power to take the following actions without first obtaining the approval of the Bankruptcy Court or of any other court of competent jurisdiction: (i) receive and hold the Common Law Direct Action Settlement Fund and the Administrator Expense Fund; (ii) invest the monies held from time to time by the Common Law Direct Action Settlement Fund and the Administrator Expense Fund; (iii) pay liabilities and expenses of the Common Law Direct Action Settlement Fund from the Administrator Expense Fund; (iv) assign a dollar amount to each level of the Qualifying Claims; (v) establish such funds, reserves and accounts within the Common Law Direct Action Settlement Fund, as deemed by the Administrator to be useful in carrying out the purposes of the Common Law Settlement Agreement and these FDP; (vi) commence lawsuits and participate on behalf of the Common Law Direct Action Settlement Fund in any judicial, administrative, arbitrative or other proceeding relating to these FDP; (vii) establish, supervise and administer the Common Law Direct Action Settlement Fund in accordance with the Common Law Settlement Agreement, these FDP and the terms thereof and hereof; (viii) execute and deliver such instruments as the Administrator considers necessary in administering the Common Law Direct Action Settlement Fund, including delivery to Travelers of executed Releases; and 6

7 (ix) enter into such other arrangements with third parties as are deemed by the Administrator to be useful in carrying out the purposes of the Common Law Direct Action Settlement Fund, provided such arrangements do not conflict with any other provisions of the Common Law Settlement Agreement or these FDP. (c) Notwithstanding anything in these FDP to the contrary, the Administrator must obtain the approval of the Bankruptcy Court in accordance with the procedure set forth in 3.1(d) below, of the following: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) to change the Claim Form; to change the definition of a Qualifying Claim; to change the Administrator s compensation; to retain any Professional; to adjust the amount of the Processing Fee; to adjust the amount of the Arbitration Deposit; to appoint a successor Administrator; and to terminate the Common Law Direct Action Settlement Fund. (d) With regard to each of the Administrator s actions requiring the approval of the Bankruptcy Court as set forth in Section 3.1(c) above, the following procedures shall apply: (i) The Administrator shall file a motion or notice, as applicable, with the Bankruptcy Court with respect to the action set forth in Section 3.1(c) that the Administrator seeks to take. (ii) The Administrator shall serve a copy of such motion or notice via electronic mail upon the Person identified to receive notices on each Claimant s Claim Form and upon all Persons who have requested copies of pleadings and notices in any way related to these FDP. The Administrator shall mail a copy of the motion or notice to a Claimant only to the extent that a Claimant indicates on the Claimant s Claim Form that the Claimant does not have access to electronic mail. (iii) The Administrator shall provide a notice period in accordance with the Local Bankruptcy Rules for the United States Bankruptcy Court for the Southern District of New York, which shall in any event be at least ten (10) days for each motion or notice, and shall clearly set forth in the caption of each motion or notice the hearing date and the objection deadline. (iv) Any objection to a motion or notice filed and served in accordance with this Section 3.1(d) must be served upon the Persons and Entities set forth on the service list 7

8 that will be available on the Administrator s website and on the website maintained by one of the Professionals retained by the Administrator. (v) To the extent that no written objection is filed with the Bankruptcy Court on or prior to the objection deadline, the Administrator may so notify the Bankruptcy Court, no hearing will be required, and the Bankruptcy Court s approval of the action will be deemed granted with or without entry of a formal order, unless the Bankruptcy Court orders otherwise. persons. (e) The Administrator shall not have the power to guarantee any debt of other (f) The Administrator shall not have the power to alter the form of the Release, or to pay any Claim in the absence of a signed Release General Administration. (a) The Administrator shall (i) timely file such income tax and other returns and statements of the Common Law Direct Action Settlement Fund and the Administrator Expense Fund, and shall timely pay all taxes of the Common Law Direct Action Settlement Fund and the Administrator Expense Fund required to be paid, and (ii) comply with all withholding obligations, as required under the applicable provisions of the Internal Revenue Code and of any state law and the regulations promulgated thereunder. (b) The Administrator shall timely account to the Bankruptcy Court as follows: the Administrator shall cause to be prepared and filed with the Bankruptcy Court a report containing a summary regarding the number and type of Claims disposed of (i) during the period beginning on the date that the FDP Order becomes a Final Order and ending on December 31 of the year in which the FDP Order becomes a Final Order, and (ii) during each six (6)-month period thereafter ending on June 30 and December 31 until the Common Law Direct Action Settlement Fund is terminated, with a final report being filed with the Bankruptcy Court within thirty (30) days after such date. 4. ACCOUNTS, INVESTMENTS, AND PAYMENTS 4.1. Accounts. The Administrator may, from time to time, create such accounts and reserves for or within the Common Law Direct Action Settlement Fund as the Administrator may deem necessary, prudent or useful in order to provide for the payment of Qualifying Claims and may, with respect to any such account or reserve, restrict the use of monies therein. The Administrator may also, from time to time, create such accounts and reserves for or within the Administrator Expense Fund as the Administrator may deem necessary, prudent or useful and may, with respect to any such account or reserve, restrict the use of monies therein Investments. Investment of monies held in the Common Law Direct Action Settlement Fund and the Administrator Expense Fund shall be administered in the manner in which individuals of ordinary prudence, discretion and judgment would act in the management of their own affairs, subject to the following limitations and provisions: 8

9 (a) The Common Law Direct Action Settlement Fund and the Administrator Expense Fund shall not acquire, directly or indirectly, equity in any Entity or business enterprise if, immediately following such acquisition, the Common Law Direct Action Settlement Fund or the Administrator Expense Fund would hold more than five percent (5%) of the equity in such Entity or business enterprise. The Common Law Direct Action Settlement Fund and the Administrator Expense Fund shall not hold, directly or indirectly, more than ten percent (10%) of the equity in any Entity or business enterprise. (b) The Common Law Direct Action Settlement Fund and the Administrator Expense Fund shall not acquire or hold any long-term debt securities unless (i) such securities are rated Baa or higher by Moody s, BBB or higher by Standard & Poor s ( S&P s ), or have been given an equivalent investment grade rating by another nationally recognized statistical rating agency, or (ii) have been issued or fully guaranteed as to principal and interest by the United States of America or any agency or instrumentality thereof. (c) The Common Law Direct Action Settlement Fund and the Administrator Expense Fund shall not acquire or hold for longer than ninety (90) days any commercial paper unless such commercial paper is rated Prime-1 or higher by Moody s or A-1 or higher by S&P s or has been given an equivalent rating by another nationally recognized statistical rating agency. (d) The Common Law Direct Action Settlement Fund and the Administrator Expense Fund shall not acquire or hold any common or preferred stock or convertible securities unless such stock or securities are rated A or higher by Moody s or A or higher by S&P s or have been given an equivalent investment grade rating by another nationally recognized statistical rating agency. (e) The Common Law Direct Action Settlement Fund and the Administrator Expense Fund shall not acquire any debt securities or other instruments issued by any Entity (other than debt securities or other instruments issued or fully guaranteed as to principal and interest by the United States of America or any agency or instrumentality thereof) if, following such acquisition, the aggregate market value of all debt securities and instruments issued by such Entity held by the Common Law Direct Action Settlement Fund or the Administrator Expense Fund would exceed two percent (2%) of the aggregate value of the Common Law Direct Action Settlement Fund or the Administrator Expense Fund. The Common Law Direct Action Settlement Fund and the Administrator Expense Fund shall not hold any debt securities or other instruments issued by any Entity (other than debt securities or other instruments issued or fully guaranteed as to principal and interest by the United States of America or any agency or instrumentality thereof) to the extent that the aggregate market value of all securities and instruments issued by such Entity held by the Common Law Direct Action Settlement Fund or the Administrator Expense Fund would exceed five percent (5%) of the aggregate value of the Common Law Direct Action Settlement Fund or the Administrator Expense Fund. (f) The Common Law Direct Action Settlement Fund and the Administrator Expense Fund shall not acquire or hold any certificates of deposit unless all publicly held, longterm debt securities, if any, of the financial institution issuing the certificate of deposit and the 9

10 holding company, if any, of which such financial institution is a subsidiary, meet the standards set forth in Section 4.2(b) above. (g) The Common Law Direct Action Settlement Fund and the Administrator Expense Fund shall not acquire or hold any repurchase obligations unless, in the opinion of the Administrator, they are adequately collateralized. (h) The Common Law Direct Action Settlement Fund and the Administrator Expense Fund shall not acquire or hold any options. 5. THE ADMINISTRATOR 5.1. Appointment. The initial Administrator shall be Donald E. Ward, c/o Special Claims Services, Inc., 809 Coshocton Avenue, Suite 1, Mount Vernon, Ohio Term of Service. (a) The Administrator may resign at any time by written notice to the Bankruptcy Court. Such notice shall specify a date when such resignation shall be effective, which shall not be less than thirty (30) days after the date such notice is given, where practicable; provided, however, in no event shall the resignation of the Administrator be effective until the appointment of a successor Administrator. (b) The Administrator may be removed by order of the Bankruptcy Court in the event that the Administrator becomes unable to discharge the Administrator s duties hereunder due to accident or physical or mental deterioration, or for other good cause. Good cause shall be deemed to include, without limitation, any substantial failure to comply with the general administrative provisions herein, or a consistent pattern of neglect and failure to perform or participate in performing the duties of the Administrator hereunder. Such removal shall require the approval of the Bankruptcy Court and shall take effect at such time as the Bankruptcy Court shall determine Appointment of Successor Administrator. (a) In the event of a vacancy in the position of the Administrator, whether by resignation or removal, the Administrator shall, in a notice served in accordance with the procedures set forth in Section 3.1(d) and delivered to the Bankruptcy Court, propose a successor Administrator. If there are no objections to the appointment of the successor Administrator proposed by the Administrator, the appointment of such proposed successor Administrator shall be effective thirty (30) days after the date such notice is given. If there is an objection to the appointment of the successor Administrator proposed by the Administrator pursuant to the procedures set forth in Section 3.1(d), the Bankruptcy Court shall appoint an interim or permanent successor Administrator. (b) Immediately upon the appointment of any successor Administrator pursuant to Section 5.3(a), all rights, titles, duties, powers and authority of the predecessor Administrator hereunder shall be vested in, and undertaken by, the successor Administrator 10

11 without any further act or order of the Bankruptcy Court. No successor Administrator shall be liable for any act or omission of any predecessor Administrator Liability of Administrator. The Administrator shall not be liable to the Common Law Direct Action Settlement Fund or the Administrator Expense Fund, to any individual holding a Claim, or to any other Person or Entity, except for the Administrator s own breach of trust committed in bad faith or as a result of willful misconduct or gross negligence. In addition, the Administrator shall not be liable for any act or omission of any successor Administrator Compensation and Expenses of Administrator. (a) The Administrator shall receive compensation from the Administrator Expense Fund for the services performed as Administrator in the amount of one hundred fifty dollars ($150.00) per Claim filed. The compensation payable to the Administrator hereunder may be reviewed every three (3) years and appropriately adjusted for changes in the cost of administering the Common Law Direct Action Fund. Any changes in the compensation of the Administrator shall be subject to the approval of the Bankruptcy Court. (b) In addition to the amount referenced in Section 5.5(a), the Administrator will be paid or reimbursed from the Administrator Expense Fund for all reasonable out-of-pocket costs and expenses incurred by the Administrator in connection with the performance of the Administrator s duties hereunder Administrator s Employment and Compensation of Professionals. The Administrator and any successor Administrator may, but shall not be required to, retain or consult with Professionals deemed by the Administrator to be qualified as experts on the matters submitted to them. Communications between the Administrator and such Professionals shall be accorded any and all privileges under applicable law. The reasonable fees and expenses of such Professionals shall be paid from the Administrator Expense Fund Review of Hiring and Compensation of Professionals. (a) Prior to the hiring of any Professional, the Administrator shall file a motion in accordance with Section 3.1(d) above seeking approval of such Professional s retention. Such motion shall describe the proposed compensation terms for such Professional. (b) The procedure described in Section 5.7(a) shall not apply to any Professionals retained by the Administrator pursuant to an order of the Bankruptcy Court entered prior to the date of the FDP Order Administrator s Independence. The Administrator shall not, during the term of the Administrator s service, hold a financial interest in, act as attorney or agent for, or serve as any other professional for Travelers, Manville s other insurers, any Claimants, Common Law Settlement Counsel, and Manville or any other asbestos companies. The Administrator shall not act as an attorney for any Person who holds a Common Law Direct Action Claim, Statutory Direct Action Claim, or Hawaii Direct Action Claim or to any Common Law Settlement Counsel, Statutory Direct Action Claim Counsel, or Hawaii Direct Action Claim Counsel. 11

12 5.9. Bond. In order to secure the faithful performance of the Administrator s duties hereunder, the Administrator shall be required to post a bond or other form of surety or security in the amount of five million dollars ($5,000,000.00), and may charge the costs thereof against the Administrator Expense Fund. 6. SUBMISSION AND DETERMINATION OF CLAIMS 6.1. General. (a) The Administrator shall post a notice of the Claim Form Deadline on the Administrator s website and on the website maintained by one of the Professionals retained by the Administrator at least thirty (30) days prior to the Claim Form Deadline. (b) The Administrator shall make the Claim Form and Release available on the Administrator s website and on the website maintained by one of the Professionals retained by the Administrator. The Administrator shall also make the Claim Form and Release available upon written request by mail or electronic mail. After a Claim Form is submitted, the Administrator shall correspond with all Claimants (or Claimants attorney if so indicated on the Claim Form) via electronic mail, unless a Claimant or Claimant s attorney does not have an electronic mail account. A Claimant shall be entitled to submit only a single Claim Form to the Administrator for payment from the Common Law Direct Action Settlement Fund. (c) A Claimant who has submitted a Claim to the Statutory Direct Action Settlement Fund or the Hawaii Direct Action Settlement Fund, for which such Claimant has not received payment, shall so state on the Claim Form submitted to the Administrator for purposes of asserting a Claim against the Common Law Direct Action Settlement Fund. A Claimant who receives a distribution or payment from the Statutory Direct Action Settlement Fund or the Hawaii Direct Action Settlement Fund is not eligible to receive a distribution or payment from the Common Law Direct Action Settlement Fund and shall, within ten (10) days after receiving such distribution or payment, send written notice to the Administrator informing the Administrator of such distribution or payment Deadlines for Submission of Claim Forms and Releases. A Claimant shall submit a completed and executed Claim Form, together with a completed and executed Release, to the Administrator no later than ninety (90) days after the date that the FDP Order becomes a Final Order (the Claim Form Deadline ). Copies of Claim Forms or Releases will not be accepted by the Administrator; provided, however, that such copies will be accepted by the Administrator if accompanied by a certification by a Claimant s attorney that a Claim Form or Release containing an original signature will be maintained by such attorney for a period of five (5) years after the Claim Form Deadline Processing Fee. (a) In the event that (i) the Administrator Expense Fund is in jeopardy of becoming depleted, or (ii) the Administrator determines that the fees and expenses required of the Administrator and/or any Professional in order to carry out and fulfill the Administrator s duties, obligations and responsibilities will exceed the amount of the Administrator Expense Fund, the Administrator may, prior to the payment of any Qualifying Claims, deduct from the 12

13 Common Law Direct Action Settlement Fund an amount equal to the Processing Fee on account of each Qualifying Claim. The Administrator shall deposit any Processing Fees in the Administrator Expense Fund. (b) The Administrator, upon obtaining approval of the Bankruptcy Court in accordance with Section 3.1(d), may adjust the Processing Fee in an amount approved by the Bankruptcy Court Elections on Claim Forms. (a) Each Claimant must indicate on the Claim Form whether the Claimant contends that the Claim is a: (i) Level I mesothelioma claim, which requires either a diagnosis of mesothelioma or certification by the Claimant that the Claim was previously paid by the Manville Trust as a Manville level 8 mesothelioma claim ( Level I Claim ); (ii) Level II lung cancer claim, which requires either a diagnosis of primary lung cancer plus supporting medical documentation establishing asbestos exposure as a contributing factor in causing the lung cancer in question or certification by the Claimant that the Claim was previously paid by the Manville Trust as a Manville level 6 or 7 lung cancer claim ( Level II Claim ); (iii) Level III other cancer claim, which requires either a diagnosis of a primary colorectal, laryngeal, esophageal, pharyngeal, or stomach cancer plus supporting medical documentation establishing asbestos exposure as a contributing factor in causing the other cancer in question or certification by the Claimant that the Claim was previously paid by the Manville Trust as a Manville level 5 other cancer claim ( Level III Claim ); or (iv) Level IV non-malignant claim, which requires either a diagnosis of a Bilateral Asbestos-Related Nonmalignant Disease or certification by the Claimant that the Claim was previously paid by the Manville Trust as a Manville level 1, 2, 3 or 4 non-malignant claim ( Level IV Claim ). (b) Each Claimant must elect on the Claim Form whether to be included on the service list for receiving pleadings, motions, objections and other documents filed with the Bankruptcy Court. (c) Each Claimant must indicate on the Claim Form whether such Claimant, such Claimant s representative or such Claimant s counsel has an electronic mail address to which all correspondence, notices and pleadings should be sent. (d) Each Claimant must state on the Claim Form whether such Claimant has submitted a Claim against the Statutory Direct Action Settlement Fund and/or the Hawaii Direct Action Settlement Fund, and whether Claimant has received any payment or distribution in respect of such Claim. 13

14 6.5. Ordering of Claims. The Administrator will order on a first in, first out ( FIFO ) basis the Claim Forms that are submitted to the Administrator for processing. A Claimant s position in the FIFO queue will be determined by the later of (a) the date that the Administrator receives the fully completed Claim Form, or (b) the date that the Administrator receives the Processing Fee if applicable. To the extent that the Administrator receives more than one Claim Form from more than one Claimant on the same day, the date of diagnosis of an asbestos-related disease shall govern each such Claimant s position in the FIFO queue, with the earliest date of diagnosis placed first in the FIFO queue and the remaining Claims placed in the FIFO queue in chronological order after the earliest such Claim Timing of Review. The Administrator shall complete the review of all submitted Claim Forms within one hundred eighty (180) days of the Claim Form Deadline (the Claim Form Review Period ) Qualifying Claims. A Claim shall constitute a Qualifying Claim only if each of the following is satisfied: (a) The Claim Form is either: (i) submitted to the Administrator by or on behalf of a Person listed on Exhibit A attached hereto and as referenced in the Common Law Settlement Agreement as Exhibit C no later than the Claim Form Deadline established in Section 6.2, or (ii) submitted to the Administrator no later than the Claim Form Deadline established in Section 6.2, along with a filing fee of one hundred fifty dollars ($150.00), which shall be refundable upon determination by the Administrator that the Claim is a Qualifying Claim, by or on behalf of a Person who could have filed a viable Common Law Direct Action lawsuit against Travelers that directly or indirectly was based upon, arose out of or related to Travelers insurance relationship with Manville. For purposes of this Section 6.7(a)(ii), a viable Common Law Direct Action lawsuit against Travelers shall be deemed established by submission to the Administrator of (A) deposition testimony or documentary evidence showing that the Person worked at a job site at which Travelers conducted an asbestos safety inspection during the period in which the Person worked at that job site, and (B) deposition testimony or documentary evidence showing that a Common Law Direct Action lawsuit against Travelers would not have been barred as of June 19, 2002 by the applicable statutes of limitations for such claims; (b) The Claimant submits to the Administrator a completed and executed Release; provided, however, that this is not required as to any Claimant who submits such a Release to Travelers or to the Administrator prior to the establishment of the Common Law Direct Action Settlement Fund; (c) The Claimant fully completes the Claim Form including: (i) stating the Claim is a Level I, Level II, Level III or Level IV Claim in accordance with Section 6.4(a); 14

15 (ii) stating whether such Claimant is filing a Claim pursuant to Section 6.7(a)(i) or Section 6.7(a)(ii) of these FDP; (iii) electing to be included on the service list for receipt of all pleadings, correspondence and notices or designating an attorney or other representative for such service; (iv) stating whether such Claimant or such Claimant s attorney has an electronic mail address for receipt of documents and, if so, providing such electronic mail address; (v) certifying whether such Claimant has submitted a Claim against the Statutory Direct Action Settlement Fund or the Hawaii Direct Action Settlement Fund; (vi) certifying that the Claimant has not received a payment or distribution from the Statutory Direct Action Settlement Fund or the Hawaii Direct Action Settlement Fund, and that such Claimant shall notify the Administrator in writing of such Claimant s receipt of any such payment or distribution within ten (10) days of receipt thereof, in which case such Claimant s Claim shall not constitute a Qualifying Claim; representative; and (vii) containing the signature of the Claimant or the Claimant s (viii) containing the signature of the attorney for the Claimant or for the Claimant s representative and, if applicable, the certification of such attorney that the original Claim Form and Release will be maintained by such attorney for a period of five (5) years after the Claim Form Deadline For those Claims that the Administrator determines not to be Qualifying Claims, the Administrator shall inform the Claimant (or the Claimant s attorney) of the reason(s) for such determination by electronic mail, unless the Claimant (or the Claimant s attorney) does not have an electronic mail account, in which case notice shall be by regular mail. Within twenty (20) Business Days of the date of the notice, a Claimant (or Claimant s attorney) so informed shall either (a) cure any deficiencies in the Claim Form and resubmit the Claim Form to the Administrator, or (b) (i) inform the Administrator by electronic mail or regular mail that the Claimant is requesting binding, non-appealable arbitration and (ii) submit an Arbitration Deposit to the Administrator. The sole issues available for consideration in such an arbitration are set forth in Section 8.2. To the extent that any Claimant fails to make one of the elections in subsections (a) or (b) herein (or fails to remit the Arbitration Deposit, if required) within twenty (20) Business Days of the date of the Administrator s notice, such Claimant s Claim shall be denied. The Administrator shall review any timely resubmitted Claim Form within thirty (30) days of receipt and make a determination as to whether it constitutes a Qualifying Claim. To the extent that the Administrator determines that the timely resubmitted Claim does not constitute a Qualifying Claim, the Administrator shall inform the Claimant (or the Claimant s attorney) by electronic mail or regular mail of the reason(s) for such determination (the Second Notice ). Within twenty (20) Business Days of the date of the Second Notice, the Claimant (or Claimant s attorney) shall inform the Administrator by electronic mail or regular mail that the Claimant is 15

16 requesting binding, non-appealable arbitration and shall submit an Arbitration Deposit to the Administrator. To the extent that any such Claimant (or Claimant s attorney) fails to so inform the Administrator and remit the Arbitration Deposit within twenty (20) Business Days of the date of the Second Notice, such Claimant s Claim shall be denied All Claim Forms, Releases, communications, or evidence submitted to the Administrator are to be treated as confidential and privileged, and shall not be released to any Person or Entity without approval of the Bankruptcy Court. Nothing herein shall be construed to entitle any Person or Entity to discovery from any other Person or Entity, nor shall any provision herein be cited in support of any request for discovery in any proceeding. 7. PAYMENTS FOR QUALIFYING CLAIMS 7.1. Allocation of Common Law Direct Action Settlement Fund. Within sixty (60) days after the expiration of the Claim Form Review Period, the Administrator shall allocate the funds in the Common Law Direct Action Settlement Fund for payment of all Qualifying Claims consistent with Section 7.3. This allocation shall be based upon the funds available in the Common Law Direct Action Settlement Fund, the number and disease category of Qualifying Claims, and the Claim Reserve established in accordance with Section Claim Reserve. Prior to making any payments on Qualifying Claims, the Administrator shall establish a reserve from the Common Law Direct Action Settlement Fund (the Claim Reserve ) for Claims (1) that the Administrator has determined are not Qualifying Claims and as to which the Claimant has timely elected arbitration and remitted the Arbitration Deposit, and (2) as to which the Claimant has timely submitted a Claim to the Statutory Direct Action Settlement Fund or the Hawaii Direct Action Settlement Fund that has not been resolved (in either case, a Reserved Claim ). The amount of the reserve for each Reserved Claim shall equal the pro rata share of the Qualifying Claim against the Common Law Direct Action Settlement Fund if the Administrator were to deem such Reserved Claim to be a Qualifying Claim Calculation of Qualifying Claim Payment Amount. The Administrator shall calculate the amount to be paid on account of each Qualifying Claim by disease category (Level I, Level II, Level III and Level IV) utilizing the following formula: (a) categorize the Qualifying Claim for payment on the basis of the most serious asbestos disease for which the Claimant has been diagnosed and is claiming; (b) calculate the total number of Qualifying Claims in each category (Level I, Level II, Level III and Level IV); (c) multiply the total number of Qualifying Claims in each category by the points ascribed to that category as set forth below; (d) add the numbers obtained for each category in subsection (c) to provide a total for all categories; 16

17 (e) divide the amount in the Common Law Direct Action Settlement Fund less any Claim Reserve by the number obtained through the calculation in subsection (d) to establish the payment amount for each Qualifying Claim point; and (f) multiply the number obtained through the calculation in subsection (e) by the Qualifying Claim points to establish the payment amount for each disease category. The following table shall apply for purposes of the calculation to be performed pursuant to this Section 7.3: Category Qualifying Claim Points Level I Claim 11 Level II Claim 4 Level III Claim 2 Level IV Claim Payment of Qualifying Claims. (a) Within sixty (60) days after the calculation of the Qualifying Claim payment amounts in accordance with Section 7.3, the Administrator shall make an initial distribution to each Qualifying Claimant of the amount calculated pursuant to Section 7.3 for such Claimant s Qualifying Claim. Such initial distribution shall be made from the Common Law Direct Action Settlement Fund less the Claim Reserve. (b) Upon the payment of all Qualifying Claims, the completion of all of the arbitration proceedings and the payment of Claims determined to be Qualifying Claims through the arbitration proceedings, to the extent that any funds remain in the Common Law Direct Action Settlement Fund or the Claim Reserve, such funds shall be distributed pro rata to all holders of Qualifying Claims. To the extent that the pro rata payment on any Qualifying Claim under this Section 7.4 is less than forty dollars ($40.00), such amount shall be donated to The Mesothelioma Applied Research Foundation Interest, Damages, Attorneys Fees and Expenses. Pre-judgment interest, postjudgment interest, interest on deferred payments, or any other type of interest, delay damages, punitive damages, exemplary damages, attorneys fees or expenses shall not be paid or allowed 17

18 to any Claimant. Nothing herein shall effect any arrangement between a Claimant and such Claimant s counsel with regard to attorneys fees and expenses. 8. BINDING ARBITRATION 8.1. General. A single arbitrator (the Arbitrator ) shall conduct binding, nonappealable arbitration required hereunder. The Arbitrator shall be selected by agreement of the Administrator and the Claimant from a list of arbitrators provided by the Administrator Issues Arbitrable. The sole issues arbitrable are: (a) whether the Claim constitutes a Qualifying Claim; (b) whether the Claimant submitted the Claim to the Administrator prior to the Claim Form Deadline set forth in Section 6.2 herein; and (c) whether any portion of the Arbitration Deposit should be returned to the Claimant Deposit. Along with the Claimant s written request for arbitration in accordance with Section 6.8 above, the Claimant shall pay the Arbitration Deposit to the Administrator. The Administrator shall deposit the Arbitration Deposit in the Administrator Expense Fund Fees and Expenses. The reasonable fees and expenses of any Arbitrator selected to conduct an arbitration with respect to a Claim shall be paid from the Administrator Expense Fund. The Claimant and the Administrator shall pay their own attorneys fees and costs in connection with such arbitration Argument. All submissions shall be in writing, and there shall be no oral argument during the arbitration unless the Arbitrator determines otherwise in his or her sole discretion No Discovery. Neither the Administrator nor the Claimant shall be entitled to conduct any discovery for or in connection with the arbitration, and the Arbitrator shall have no authority to permit or order discovery Submissions to the Arbitrator. On or before the date that is thirty (30) Business Days after the date on which the Administrator and the Claimant select the Arbitrator, the Administrator and the Claimant shall submit written memoranda not to exceed twenty (20) pages in length (excluding exhibits) to such Arbitrator, with a copy of such submission to be provided to the opposing party. The Arbitrator may extend the deadline by agreement of the parties. All evidence submitted to the Arbitrator shall be made by sworn affidavit or by declaration subscribed as true under penalty of perjury under 28 U.S.C The Arbitrator may require the submission of any additional information or evidence that the Arbitrator determines is necessary or desirable for a proper evaluation of the issue Decision. The Arbitrator shall render a decision as soon as practicable based upon the written submissions from the parties, but in no event later than forty-five (45) days after the date of such submissions. In the event that oral argument is heard, the Arbitrator shall render a decision as soon as practicable after the completion of such oral argument, but in no event later than forty-five (45) days after the date such oral argument is completed. 18

19 9. TERMINATION OF COMMON LAW DIRECT ACTION SETTLEMENT FUND 9.1. After the final review, determination and payment of all Claims timely submitted to the Administrator, and after the conclusion of all arbitration proceedings conducted pursuant to Section 8 herein, the Administrator may file a motion with the Bankruptcy Court, in accordance with Section 3.1(d) herein, seeking authority to terminate the Common Law Direct Action Settlement Fund Upon the Bankruptcy Court entering an order authorizing the Administrator to terminate the Common Law Direct Action Settlement Fund, and such order becoming a Final Order, if any funds remain in the Common Law Direct Action Settlement Fund or the Claim Reserve following payment of all Qualifying Claims, the Administrator shall pay any and all outstanding expenses of the Common Law Direct Action Settlement Fund, including any fees and expenses of any Professionals retained by the Administrator, and shall thereafter distribute any remaining funds to all holders of Qualifying Claims on a pro rata basis. To the extent that the pro rata payment on any Qualifying Claim under this Section 9.2 is less than forty dollars ($40.00), such amount shall be donated to The Mesothelioma Applied Research Foundation. 10. MISCELLANEOUS Amendments. Subject to Section 3.1(b) herein, the Administrator may not amend, modify, delete or add to any provisions of these FDP without the prior approval of the Bankruptcy Court Address Changes. Notices, correspondence or motions to Persons asserting Claims shall be given at the address (electronic mail or otherwise) of such Claimant, or where applicable, such Claimant s legal representative or attorney, in each case as provided on such Claimant s Claim Form. To the extent that a Claimant (or such Claimant s legal representative or attorney) has any change in address, such Claimant shall provide the Administrator with the updated address information. Any notice, correspondence or motion delivered to the Claimant at the address (electronic mail or otherwise) specified on the Claim Form (or in correspondence to the Administrator if such address has changed) that is returned as undeliverable shall nonetheless be effective. The Administrator shall have no affirmative obligation to locate a Claimant (or such Claimant s legal representative or attorney) whose address changes from that set forth on the Claimant s Claim Form unless the Claimant has notified the Administrator of a change of the Claimant s address Severability. Should any provision contained in these FDP be determined to be unenforceable, such determination shall in no way limit or affect the enforceability and operative effect of any and all other provisions of these FDP; provided, however, that nothing contained herein shall be deemed to alter, amend or modify the terms, conditions, rights and obligations under the Common Law Settlement Agreement Governing Law. Administration and interpretation of these FDP shall be governed by, and construed in accordance with, the laws of the State of New York Status of Submissions to Administrator as Settlement Materials. All materials, records and information submitted by Claimants, including without limitation the 19

20 Claim Forms and the information required pursuant to Section 6.7 herein, are confidential, submitted solely for settlement purposes, are not admissible in any other legal proceedings under Rule 408 of the Federal Rules of Evidence and similar state rules of evidence, and are subject to the Common Law Settlement Order. 20

COMMON LAW DIRECT ACTION SETTLEMENT FUND CLAIM FORM

COMMON LAW DIRECT ACTION SETTLEMENT FUND CLAIM FORM COMMON LAW DIRECT ACTION SETTLEMENT FUND CLAIM FORM Submit completed Claim Form to: Donald E. Ward, Administrator Special Claims Services, Inc. 809 Coshocton Avenue, Suite 1 Mount Vernon, OH 43050 telephone:

More information

THIRD AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF DYNEGY INC. Pursuant to Section 303 of the Delaware General Corporation Law

THIRD AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF DYNEGY INC. Pursuant to Section 303 of the Delaware General Corporation Law THIRD AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF DYNEGY INC. Pursuant to Section 303 of the Delaware General Corporation Law Dynegy Inc., a corporation duly organized and validly existing under

More information

EXHIBIT C IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA

EXHIBIT C IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA EXHIBIT C IN THE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA KENNETH S. REYNOLDS, Plaintiff, v. Civil Action No. 01-C-538 (Judge Bloom) A&I COMPANY, GRANITE STATE INSURANCE COMPANY, NEW HAMPSHIRE INSURANCE

More information

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. Case No. 8:90-bk-10016-PMG. Debtor. Chapter 11

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. Case No. 8:90-bk-10016-PMG. Debtor. Chapter 11 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION In re: Case No. 8:90-bk-10016-PMG THE CELOTEX CORPORATION, Debtor. Chapter 11 ORDER ON PROPERTY DAMAGE ADVISORY COMMITTEE S MOTION

More information

Case 3:06-cv-00701-MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS

Case 3:06-cv-00701-MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS Case 3:06-cv-00701-MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS ANTHONY ABBOTT, et al., ) ) No: 06-701-MJR-DGW Plaintiffs,

More information

Amendment and Consent No. 2 (Morris County Renewable Energy Program, Series 2011)

Amendment and Consent No. 2 (Morris County Renewable Energy Program, Series 2011) Execution Version Amendment and Consent No. 2 (Morris County Renewable Energy Program, Series 2011) by and among MORRIS COUNTY IMPROVEMENT AUTHORITY, COUNTY OF MORRIS, NEW JERSEY, U.S. BANK NATIONAL ASSOCIATION

More information

Instructions for Filing Claims

Instructions for Filing Claims The ARTRA 524(g) Asbestos Trust (the "Trust") was established as a result of the bankruptcy of the ARTRA Group. The Trust was created to process, liquidate and pay valid asbestos personal injury claims

More information

DII INDUSTRIES, LLC ASBESTOS PI TRUST PROOF OF CLAIM FORM UPDATED 2011

DII INDUSTRIES, LLC ASBESTOS PI TRUST PROOF OF CLAIM FORM UPDATED 2011 Submit completed claims to: DII Asbestos PI Trust P.O. Box 393 Wilmington, Delaware 19899-1036 All documents submitted to the DII Asbestos Trust must be in English, including but not limited to the Claim

More information

SHOOK & FLETCHER ASBESTOS SETTLEMENT TRUST CLAIMS RESOLUTION PROCEDURES. (As Modified Through the Fourth Amendment)

SHOOK & FLETCHER ASBESTOS SETTLEMENT TRUST CLAIMS RESOLUTION PROCEDURES. (As Modified Through the Fourth Amendment) SHOOK & FLETCHER ASBESTOS SETTLEMENT TRUST CLAIMS RESOLUTION PROCEDURES (As Modified Through the Fourth Amendment) Table of Contents As of January 31, 2011 Page SECTION I. PURPOSE AND OBJECTIVES...1 1.1

More information

(Sample from The Altman Group Ballot Archive) Ballot No. 1 - Individual Ballot for Class 7 Direct Asbestos PI Claims

(Sample from The Altman Group Ballot Archive) Ballot No. 1 - Individual Ballot for Class 7 Direct Asbestos PI Claims UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE In re USG CORPORATION, a Delaware corporation, et al., 1 Debtors. Chapter 11 Jointly Administered Case No. 01-2094 (JKF) INDIVIDUAL BALLOT FOR ACCEPTING

More information

COMBUSTION ENGINEERING 524(g) ASBESTOS PI TRUST ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES

COMBUSTION ENGINEERING 524(g) ASBESTOS PI TRUST ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES COMBUSTION ENGINEERING 524(g) ASBESTOS PI TRUST ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES Pursuant to Section 5.10 of the Combustion Engineering 524(g) Asbestos PI Trust Distribution Procedures (

More information

Insurance Market Solutions Group, LLC Sub-Producer Agreement

Insurance Market Solutions Group, LLC Sub-Producer Agreement Insurance Market Solutions Group, LLC Sub-Producer Agreement This Producer Agreement is made and entered into effective the day of, 20, by and between Insurance Market Solutions Group, LLC a Texas Company

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

OREGON BUSINESS DEVELOPMENT DEPARTMENT CREDIT ENHANCEMENT FUND INSURANCE PROGRAM LOAN INSURANCE AGREEMENT

OREGON BUSINESS DEVELOPMENT DEPARTMENT CREDIT ENHANCEMENT FUND INSURANCE PROGRAM LOAN INSURANCE AGREEMENT OREGON BUSINESS DEVELOPMENT DEPARTMENT CREDIT ENHANCEMENT FUND INSURANCE PROGRAM LOAN INSURANCE AGREEMENT In consideration of the mutual undertakings set forth in this Agreement, ("Lender") and the State

More information

ROCK WOOL MANUFACTURING COMPANY ASBESTOS TRUST AGREEMENT

ROCK WOOL MANUFACTURING COMPANY ASBESTOS TRUST AGREEMENT ROCK WOOL MANUFACTURING COMPANY ASBESTOS TRUST AGREEMENT This Rock Wool Manufacturing Company Asbestos Trust Agreement ("Trust Agreement") dated as of December 20, 1999 is between Rock Wool Manufacturing

More information

Plan Exhibit 2. Forms of Hercules Chemical Company, Inc. Asbestos Trust Agreement and Trust Distribution Procedures US_ACTIVE-102186111.

Plan Exhibit 2. Forms of Hercules Chemical Company, Inc. Asbestos Trust Agreement and Trust Distribution Procedures US_ACTIVE-102186111. Plan Exhibit 2 Forms of Hercules Chemical Company, Inc. Asbestos Trust Agreement and Trust Distribution Procedures {D0160659.1 } US_ACTIVE-102186111.8 HERCULES CHEMICAL COMPANY, INC. ASBESTOS TRUST AGREEMENT

More information

G-I HOLDINGS INC. SECOND AMENDED ASBESTOS PERSONAL INJURY SETTLEMENT TRUST DISTRIBUTION PROCEDURES {GIHOLD/001/00036068.DOC/}

G-I HOLDINGS INC. SECOND AMENDED ASBESTOS PERSONAL INJURY SETTLEMENT TRUST DISTRIBUTION PROCEDURES {GIHOLD/001/00036068.DOC/} G-I HOLDINGS INC. SECOND AMENDED ASBESTOS PERSONAL INJURY SETTLEMENT TRUST DISTRIBUTION PROCEDURES {GIHOLD/001/00036068.DOC/} G-I HOLDINGS INC. ASBESTOS PERSONAL INJURY SETTLEMENT TRUST DISTRIBUTION PROCEDURES

More information

MASSACHUSETTS CUSTOMIZED PRACTICE COVERAGE TITLE INSURANCE AGENT LIABILITY COVERAGE UNIT

MASSACHUSETTS CUSTOMIZED PRACTICE COVERAGE TITLE INSURANCE AGENT LIABILITY COVERAGE UNIT (hereinafter called "the Company") MASSACHUSETTS CUSTOMIZED PRACTICE COVERAGE TITLE INSURANCE AGENT LIABILITY COVERAGE UNIT In consideration of the payment of the premium, in reliance upon the statements

More information

REGULATORY SETTLEMENT AGREEMENT. THIS REGULATORY SETTLEMENT AGREEMENT (the Regulatory Settlement

REGULATORY SETTLEMENT AGREEMENT. THIS REGULATORY SETTLEMENT AGREEMENT (the Regulatory Settlement IN THE MATTER OF LIFE INSURANCE COMPANY OF GEORGIA AND SOUTHLAND LIFE INSURANCE COMPANY REGULATORY SETTLEMENT AGREEMENT THIS REGULATORY SETTLEMENT AGREEMENT (the Regulatory Settlement Agreement ) is entered

More information

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF GANNETT SPINCO, INC.

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF GANNETT SPINCO, INC. AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF GANNETT SPINCO, INC. Gannett Spinco, Inc., a corporation organized and existing under the laws of the State of Delaware, pursuant to Sections 242 and

More information

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF SUNCOKE ENERGY, INC.

AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF SUNCOKE ENERGY, INC. AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF SUNCOKE ENERGY, INC. SunCoke Energy, Inc., a corporation organized and existing under the laws of the State of Delaware, pursuant to Sections 242 and

More information

INVESTMENT ADVISORY AGREEMENT

INVESTMENT ADVISORY AGREEMENT INVESTMENT ADVISORY AGREEMENT THIS INVESTMENT ADVISORY AGREEMENT is made on the Effective Date identified below by and between the investment advisors affiliated with BCG Securities, Inc. ( Advisor ),

More information

NC General Statutes - Chapter 28A Article 19 1

NC General Statutes - Chapter 28A Article 19 1 Article 19. Claims Against the Estate. 28A-19-1. Manner of presentation of claims. (a) A claim against a decedent's estate must be in writing and state the amount or item claimed, or other relief sought,

More information

FOR PROPERTY LOSS AND DAMAGE 1

FOR PROPERTY LOSS AND DAMAGE 1 13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction

More information

KAISER ALUMINUM & CHEMICAL CORPORATION THIRD AMENDED ASBESTOS TRUST DISTRIBUTION PROCEDURES

KAISER ALUMINUM & CHEMICAL CORPORATION THIRD AMENDED ASBESTOS TRUST DISTRIBUTION PROCEDURES KAISER ALUMINUM & CHEMICAL CORPORATION THIRD AMENDED ASBESTOS TRUST DISTRIBUTION PROCEDURES { KAISER / 001 / 00013238.DOC /}DOC# 293598 V2-11/20/2007 KAISER ALUMINUM & CHEMICAL CORPORATION THIRD AMENDED

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with

More information

BEST BUY CO., INC. 2004 OMNIBUS STOCK AND INCENTIVE PLAN

BEST BUY CO., INC. 2004 OMNIBUS STOCK AND INCENTIVE PLAN BEST BUY CO., INC. 2004 OMNIBUS STOCK AND INCENTIVE PLAN Table of Contents Section 1. Purpose... 1 Section 2. Definitions... 1 Section 3. Administration... 3 (a) Power and Authority of the Committee...

More information

Construction Defect Action Reform Act

Construction Defect Action Reform Act COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction

More information

Instructions for Filing a Claim with the ABB Lummus Global Inc. 524(g) Asbestos PI Trust

Instructions for Filing a Claim with the ABB Lummus Global Inc. 524(g) Asbestos PI Trust Subject: Instructions for Filing a Claim with the ABB Lummus Global Inc. 524(g) Asbestos PI Trust Dear Plaintiff Counsel: The ABB Lummus Global Inc. 524(g) Asbestos PI Trust (the Trust ) was established

More information

PRIME BROKERAGE CLEARANCE SERVICES AGREEMENT SIA FORM 151

PRIME BROKERAGE CLEARANCE SERVICES AGREEMENT SIA FORM 151 Legent Clearing Account Number PRIME BROKERAGE CLEARANCE SERVICES AGREEMENT SIA FORM 151 1 LC12 07/05 Customer Agreement for Prime Brokerage Clearance Services: Customer Name: Account Number: This Agreement

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re ) ) ) ARMSTRONG WORLD INDUSTRIES ) Chapter 11 INC., et al., ) Case No. 00-4471 (RJN) ) (Jointly Administered) Debtors ) ) Exhibit

More information

COMMONWEALTH OF VIRGINIA STANDARD PERFORMANCE BOND

COMMONWEALTH OF VIRGINIA STANDARD PERFORMANCE BOND (Rev 03/02) Page 1 of 6 COMMONWEALTH OF VIRGINIA STANDARD PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, the Contractor ( Principal ) whose principal place of business is located at and ( Surety

More information

Personal injury claim" does not include a claim for compensatory benefits pursuant to worker s compensation or veterans benefits.

Personal injury claim does not include a claim for compensatory benefits pursuant to worker s compensation or veterans benefits. Wisconsin AB 19 (2013) (a) Personal injury claim" means any claim for damages, loss, indemnification, contribution, restitution or other relief, including punitive damages, that is related to bodily injury

More information

Instructions for Filing a Claim with the Combustion Engineering 524(g) Asbestos PI Trust

Instructions for Filing a Claim with the Combustion Engineering 524(g) Asbestos PI Trust Subject: Instructions for Filing a Claim with the Combustion Engineering 524(g) Asbestos PI Trust Dear Plaintiff Counsel: The Combustion Engineering 524(g) Asbestos PI Trust (the Trust ) was established

More information

Reverse Mortgage Specialist

Reverse Mortgage Specialist ADVISOR/LENDER APPLICANT ASSISTANCE AGREEMENT This ADVISOR/LENDER APPLICANT ASSISTANCE AGREEMENT (the Agreement ) is made this day of, 200_ by and between Oaktree Funding Corporation, a California Corporation

More information

CERTIFICATE OF INCORPORATION CORE-MARK HOLDING COMPANY, INC. ARTICLE ONE. The name of the Corporation is Core-Mark Holding Company, Inc.

CERTIFICATE OF INCORPORATION CORE-MARK HOLDING COMPANY, INC. ARTICLE ONE. The name of the Corporation is Core-Mark Holding Company, Inc. CERTIFICATE OF INCORPORATION OF CORE-MARK HOLDING COMPANY, INC. ARTICLE ONE The name of the Corporation is Core-Mark Holding Company, Inc. ARTICLE TWO The address of the Corporation s registered office

More information

Terms and Conditions for Tax Services

Terms and Conditions for Tax Services Terms and Conditions for Tax Services In the course of delivering services relating to tax return preparation, tax advisory, and assistance in tax controversy matters, Brady, Martz & Associates, P.C. (we

More information

Limited Agency/Company Agreement

Limited Agency/Company Agreement Effective, this Agreement is entered into by and between Safepoint MGA, LLC and Safepoint Insurance Company Inc., hereinafter referred to as Company, and hereinafter referred to as Agent. It being the

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF. Case No.

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF. Case No. FORM 10A.71 INTERIM FACTORING FINANCING ORDER IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF In re: In Proceedings Under Chapter 11 Case No. Debtor. INTERIM ORDER APPROVING SECTION 364 FINANCING

More information

Master Software Purchase Agreement

Master Software Purchase Agreement Master Software Purchase Agreement This Master Software Purchase Agreement ( Agreement ) is entered into as of Wednesday, March 12, 2014 (the Effective Date ) by and between with principal offices at (

More information

PORTER HAYDEN COMPANY ASBESTOS TRUST DISTRIBUTION PROCEDURES. The Porter Hayden Company Asbestos Trust Distribution Procedures ( TDP ) contained

PORTER HAYDEN COMPANY ASBESTOS TRUST DISTRIBUTION PROCEDURES. The Porter Hayden Company Asbestos Trust Distribution Procedures ( TDP ) contained PORTER HAYDEN COMPANY ASBESTOS TRUST DISTRIBUTION PROCEDURES The Porter Hayden Company Asbestos Trust Distribution Procedures ( TDP ) contained herein provide for resolving all Asbestos Bodily Injury Claims

More information

BY-LAWS OF ECOLAB INC. (A Delaware corporation) AS AMENDED THROUGH OCTOBER 29, 2015 ARTICLE I OFFICES

BY-LAWS OF ECOLAB INC. (A Delaware corporation) AS AMENDED THROUGH OCTOBER 29, 2015 ARTICLE I OFFICES BY-LAWS OF ECOLAB INC. (A Delaware corporation) AS AMENDED THROUGH OCTOBER 29, 2015 ARTICLE I OFFICES Section 1. Registered Office. The registered office of the Corporation in the State of Delaware shall

More information

FORM 1C.8 PARTICIPATION AGREEMENT

FORM 1C.8 PARTICIPATION AGREEMENT 1C.8 FACTORING FACTORING FORM 1C.8 FORM 1C.8 PARTICIPATION AGREEMENT THIS FACTORING PARTICIPATION AGREEMENT ( Agreement ), made and entered into as of the day of, 20, by and between ( Factor ) and ( Participant

More information

INSTRUCTIONS FOR FILING A CLAIM WITH THE CELOTEX ASBESTOS SETTLEMENT TRUST

INSTRUCTIONS FOR FILING A CLAIM WITH THE CELOTEX ASBESTOS SETTLEMENT TRUST INSTRUCTIONS FOR FILING A CLAIM WITH THE CELOTEX ASBESTOS SETTLEMENT TRUST The Celotex Asbestos Settlement Trust (Celotex Trust) was established as a result of the bankruptcy of the Celotex Corporation

More information

Instructions for Filing Unliquidated Asbestos Personal Injury Claims

Instructions for Filing Unliquidated Asbestos Personal Injury Claims The Quigley Asbestos PI Trust (the Trust ) was established pursuant to the Quigley Company, Inc. Fifth Amended and Restated Plan of Reorganization under Chapter 11 of the United States Bankruptcy Code,

More information

BEAZLEY ARMOUR SIDE A DIRECTORS AND OFFICERS LIABILITY INSURANCE POLICY

BEAZLEY ARMOUR SIDE A DIRECTORS AND OFFICERS LIABILITY INSURANCE POLICY BEAZLEY ARMOUR SIDE A DIRECTORS AND OFFICERS LIABILITY INSURANCE POLICY In consideration of the payment of the premium, in reliance on all statements made in the application and subject to all of the provisions

More information

LOAN AGREEMENT. (The City of Elk Grove Small Business Loan Program)

LOAN AGREEMENT. (The City of Elk Grove Small Business Loan Program) LOAN AGREEMENT (The City of Elk Grove Small Business Loan Program) THIS LOAN AGREEMENT (the "Loan Agreement") is made and entered into as of [date], by and between The City of Elk Grove, a California municipal

More information

Instructions for Filing Direct Unliquidated Asbestos Personal Injury Claims

Instructions for Filing Direct Unliquidated Asbestos Personal Injury Claims The Yarway Asbestos PI Trust (the Trust ) was established pursuant to the Yarway Corporation Fifth Amended and Restated Plan of Reorganization under Chapter 11 of the United States Bankruptcy Code, confirmed

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION Consumer Financial Protection Bureau and Office of the Attorney General, State of Florida, Department of Legal Affairs, Case No.

More information

As used herein, capitalized terms have the following respective meanings:

As used herein, capitalized terms have the following respective meanings: RECEIVABU~S PURCHASE AND SALE AGREEMENT THIS AGREEMENT ("Agreement") is made as of August 22,2013, by NAME OF BUYER, ("Seller") and NAME OF SELLER ("Purchaser"). WHEREAS, Seller desires to sell certain

More information

INSTRUCTION LETTER TRONOX TORT CLAIMS TRUST INSTRUCTION LETTER (CATEGORY A) Dear Prospective Claimant or Claimant Counsel,

INSTRUCTION LETTER TRONOX TORT CLAIMS TRUST INSTRUCTION LETTER (CATEGORY A) Dear Prospective Claimant or Claimant Counsel, INSTRUCTION LETTER Dear Prospective Claimant or Claimant Counsel, The Tronox Incorporated Tort Claims Trust (the Trust ) has been established under Chapter 11 of the Bankruptcy Code to resolve all Tort

More information

PEPCO HOLDINGS, INC. EXECUTIVE PERFORMANCE SUPPLEMENTAL RETIREMENT PLAN

PEPCO HOLDINGS, INC. EXECUTIVE PERFORMANCE SUPPLEMENTAL RETIREMENT PLAN PEPCO HOLDINGS, INC. EXECUTIVE PERFORMANCE SUPPLEMENTAL RETIREMENT PLAN The Potomac Electric Power Company Executive Performance Supplemental Retirement Plan (the "Pepco plan") was established, effective

More information

ELECTRONIC FILER AGREEMENT. United States Mineral Products Company Asbestos Personal Injury Settlement Trust

ELECTRONIC FILER AGREEMENT. United States Mineral Products Company Asbestos Personal Injury Settlement Trust ELECTRONIC FILER AGREEMENT United States Mineral Products Company Asbestos Personal Injury Settlement Trust This Electronic Filer Agreement (the Agreement ) is made by and between Claims Resolution Management

More information

ESCROW AGREEMENT PRELIMINARY UNDERSTANDING

ESCROW AGREEMENT PRELIMINARY UNDERSTANDING ESCROW AGREEMENT This Manufacturing Escrow Agreement ( Escrow Agreement ) is entered into as of ( Effective Date ), by and among Cisco Systems, Inc., a California corporation, with offices at 170 West

More information

THE CHRISTY REFRACTORIES COMPANY, LLC FORM OF ASBESTOS PERSONAL INJURY TRUST DISTRIBUTION PROCEDURES {CHRISTY\001\00023125.DOC\2 }

THE CHRISTY REFRACTORIES COMPANY, LLC FORM OF ASBESTOS PERSONAL INJURY TRUST DISTRIBUTION PROCEDURES {CHRISTY\001\00023125.DOC\2 } . ALL PROVISIONS IN THESE ASBESTOS PI TRUST DISTRIBUTION PROCEDURES, INCLUDING THE VALUES ESTABLISHED FOR ASBESTOS PI CLAIMS IN EACH DISEASE LEVEL, WERE AGREED TO FOR SETTLEMENT PURPOSES ONLY. TO THE EXTENT

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA In re ) Jointly Administered at ) Case No. 02-20198 ) NORTH AMERICAN REFRACTORIES ) Chapter 11 COMPANY, et al., ) ) Debtors.

More information

General Conditions for Loans reference No.: General Terms and Conditions for Loans dated 1 March 2016

General Conditions for Loans reference No.: General Terms and Conditions for Loans dated 1 March 2016 General Conditions for Loans reference No.: General Terms and Conditions for Loans dated 1 March 2016 These General Conditions for Loans is made between ( Lender )and the Entity who signs the Schedule

More information

PROOF OF CLAIM AND RELEASE FORM

PROOF OF CLAIM AND RELEASE FORM A. GENERAL INSTRUCTIONS & INFORMATION PROOF OF CLAIM AND RELEASE FORM 1. You are urged to read carefully the accompanying Notice of Pendency of Class Action and Proposed Settlement, Settlement Fairness

More information

SPECIMEN. (1) advising, counseling or giving notice to employees, participants or beneficiaries with respect to any Plan;

SPECIMEN. (1) advising, counseling or giving notice to employees, participants or beneficiaries with respect to any Plan; In consideration of payment of the premium and subject to the Declarations, limitations, conditions, provisions and other terms of this Policy, the Company and the Insureds agree as follows: I. INSURING

More information

Instructions For Filing A Claim With Hercules Chemical Company, Inc. Asbestos Settlement Trust

Instructions For Filing A Claim With Hercules Chemical Company, Inc. Asbestos Settlement Trust Instructions For Filing A Claim With The CLAIM FORM & DECLARATION - HERCULES CHEMICAL COMPANY, INC. ASBESTOS SETTLEMENT TRUST (the Claim Form ), is required of all Injured Parties filing a claim under

More information

Instructions for Filing Unliquidated Asbestos Personal Injury Claims

Instructions for Filing Unliquidated Asbestos Personal Injury Claims The United Gilsonite Laboratories Asbestos Personal Injury Trust (the Trust ) was established pursuant to the Modified First Amended Plan of Reorganization of United Gilsonite Laboratories Under Chapter

More information

Below is an overview of the Molex lease process as it applies to Molex Application Tooling equipment.

Below is an overview of the Molex lease process as it applies to Molex Application Tooling equipment. Dear Valued Customer, Below is an overview of the Molex lease process as it applies to Molex Application Tooling equipment. Lease process: Molex does not offer leases for all of the equipment that we promote.

More information

RESTATED CERTIFICATE OF INCORPORATION CTC MEDIA, INC. (Pursuant to Section 242 and 245 of the General Corporation Law of the State of Delaware)

RESTATED CERTIFICATE OF INCORPORATION CTC MEDIA, INC. (Pursuant to Section 242 and 245 of the General Corporation Law of the State of Delaware) RESTATED CERTIFICATE OF INCORPORATION OF CTC MEDIA, INC (Pursuant to Section 242 and 245 of the General Corporation Law of the State of Delaware) CTC Media, Inc., a corporation organized and existing under

More information

COLLABORATION AGREEMENT

COLLABORATION AGREEMENT COLLABORATION AGREEMENT This Collaboration Agreement ( Agreement ) is made by and between Microryza Inc., a Delaware corporation (the Company ) and, a Delaware Corporation (the University ) (together with

More information

SPECIMEN. Executive Protection Portfolio SM Executive Liability and Entity Securities Liability Coverage Section

SPECIMEN. Executive Protection Portfolio SM Executive Liability and Entity Securities Liability Coverage Section In consideration of payment of the premium and subject to the Declarations, the General Terms and Conditions, and the limitations, conditions, provisions and other terms of this coverage section, the Company

More information

Insurance Producer Agreement

Insurance Producer Agreement Insurance Producer Agreement Section 1 - Producer s Authority The Producer shall periodically submit risks to the Company for its consideration as authorized by the Company. These risks shall be located

More information

SPECIMEN. (1) a written demand for monetary damages or non-monetary relief;

SPECIMEN. (1) a written demand for monetary damages or non-monetary relief; In consideration of payment of the premium and subject to the Declarations, General Terms and Conditions, limitations, conditions, provisions and other terms of this Policy, the Company and the Insureds

More information

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN In return for the payment of the premium and subject to all terms of this Policy, we agree with you as follows. GENERAL

More information

COST SHARING AND MANAGEMENT AGREEMENT

COST SHARING AND MANAGEMENT AGREEMENT COST SHARING AND MANAGEMENT AGREEMENT This Cost Sharing and Management Agreement (the Agreement ) is entered into as of, 2009, between Motorists Mutual Insurance Company, an Ohio mutual insurance company

More information

LLC Operating Agreement With Corporate Structure (Delaware)

LLC Operating Agreement With Corporate Structure (Delaware) LLC Operating Agreement With Corporate Structure (Delaware) Document 1080B www.leaplaw.com Access to this document and the LeapLaw web site is provided with the understanding that neither LeapLaw Inc.

More information

GOODS AND SERVICES AGREEMENT BETWEEN SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY AND COMPANY/CONTRACTOR NAME

GOODS AND SERVICES AGREEMENT BETWEEN SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY AND COMPANY/CONTRACTOR NAME GOODS AND SERVICES AGREEMENT BETWEEN SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY AND COMPANY/CONTRACTOR NAME This GOODS AND SERVICES AGREEMENT ("Agreement") is entered into and effective [DATE], by and

More information

Instructions for Filing Claims

Instructions for Filing Claims The Brauer 524(g) Asbestos Trust (the Trust ) was established pursuant to the Fourth Amended Plan of Reorganization under Chapter 11 of the United States Bankruptcy Code for Brauer Supply Company, dated

More information

FIFTH AMENDED AND RESTATED ASBESTOS PERSONAL INJURY CLAIMS RESOLUTION PROCEDURES

FIFTH AMENDED AND RESTATED ASBESTOS PERSONAL INJURY CLAIMS RESOLUTION PROCEDURES FIFTH AMENDED AND RESTATED ASBESTOS PERSONAL INJURY CLAIMS RESOLUTION PROCEDURES These Asbestos Personal Injury Claims Resolution Procedures (the Claims Procedures ) were prepared in connection with the

More information

Index to Rules. Local Probate Rule 1...Hours of Court. Local Probate Rule 2...Examination of Files, Records and Other Documents

Index to Rules. Local Probate Rule 1...Hours of Court. Local Probate Rule 2...Examination of Files, Records and Other Documents Local Rules of Court Geauga County Court of Common Pleas Probate Division (Effective July 1, 2009) Index to Rules Local Probate Rule 1...Hours of Court Local Probate Rule 2...Examination of Files, Records

More information

388 Blohm Ave. PO Box 388 Aromas CA 95004-0388 (831)726-3155 FAX (831)726-3951 email aromaswd@aol.com ADDENDUM NO. 1

388 Blohm Ave. PO Box 388 Aromas CA 95004-0388 (831)726-3155 FAX (831)726-3951 email aromaswd@aol.com ADDENDUM NO. 1 388 Blohm Ave. PO Box 388 Aromas CA 95004-0388 (831)726-3155 FAX (831)726-3951 email aromaswd@aol.com May 6, 2015 To: All Plan Holders From: Vicki Morris General Manager Subject: Water Serviceline Installation

More information

Kaiser Aluminum & Chemical Corporation Asbestos PI Trust. Filing Instructions

Kaiser Aluminum & Chemical Corporation Asbestos PI Trust. Filing Instructions The Kaiser Aluminum & Chemical Corporation Asbestos PI Trust (the "Trust") was established as a result of the bankruptcy of the Kaiser Aluminum & Chemical Corporation. The Trust was created to process,

More information

ACandS, INC. ASBESTOS SETTLEMENT TRUST DISTRIBUTION PROCEDURES

ACandS, INC. ASBESTOS SETTLEMENT TRUST DISTRIBUTION PROCEDURES ACandS, INC. ASBESTOS SETTLEMENT TRUST DISTRIBUTION PROCEDURES Table of Contents SECTION 1 Introduction... 1 1.1 Purpose... 1 1.2 Interpretation... 1 SECTION 2 Overview... 1 2.1 Trust Goals... 1 2.2 Claims

More information

Personal Property Title Insurance Owner s Policy (PPT-1)

Personal Property Title Insurance Owner s Policy (PPT-1) Personal Property Title Insurance (PPT-1) Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address

More information

OPERATING AGREEMENT OF A WYOMING LIMITED LIABILITY COMPANY

OPERATING AGREEMENT OF A WYOMING LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF A WYOMING LIMITED LIABILITY COMPANY THIS OPERATING AGREEMENT ("Agreement") is entered into the day of, 20, by and between the following persons: 5. 6. 7. 8. hereinafter, ("Members"

More information

CORNERSTONE A-SIDE MANAGEMENT LIABILITY INSURANCE COVERAGE FORM

CORNERSTONE A-SIDE MANAGEMENT LIABILITY INSURANCE COVERAGE FORM CORNERSTONE A-SIDE MANAGEMENT LIABILITY INSURANCE COVERAGE FORM THIS IS A CLAIMS MADE POLICY WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY. PLEASE READ AND REVIEW THE POLICY CAREFULLY. In consideration

More information

AMENDED AND RESTATED ARTICLES OF INCORPORATION OF BEST BUY CO., INC. ARTICLE I NAME. The name of this corporation shall be Best Buy Co., Inc.

AMENDED AND RESTATED ARTICLES OF INCORPORATION OF BEST BUY CO., INC. ARTICLE I NAME. The name of this corporation shall be Best Buy Co., Inc. AMENDED AND RESTATED ARTICLES OF INCORPORATION OF BEST BUY CO., INC. ARTICLE I NAME The name of this corporation shall be Best Buy Co., Inc. ARTICLE II REGISTERED OFFICE; REGISTERED AGENT The registered

More information

IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION

IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT ST. CLAIR COUNTY, ILLINOIS NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION If you were injured or provided treatment for an injury and filed a claim under your Allstate Med Pay coverage, and were compensated in an amount

More information

175 TownPark Drive, Suite 400, Kennesaw, GA 30144 APPROVED UNDERWRITER AGREEMENT

175 TownPark Drive, Suite 400, Kennesaw, GA 30144 APPROVED UNDERWRITER AGREEMENT 175 TownPark Drive, Suite 400, Kennesaw, GA 30144 APPROVED UNDERWRITER AGREEMENT THIS APPROVED UNDERWRITER AGREEMENT (the Agreement ) is made and entered into as of this day of, 20, by and between, (the

More information

FIDUCIARY LIABILITY COVERAGE PART

FIDUCIARY LIABILITY COVERAGE PART FIDUCIARY LIABILITY COVERAGE PART I. INSURING AGREEMENTS Fiduciary Liability The Insurer shall pay Loss on behalf of the Insureds resulting from a Fiduciary Claim first made against the Insureds during

More information

PITTSBURGH CORNING CORPORATION ASBESTOS PI TRUST DISTRIBUTION PROCEDURES

PITTSBURGH CORNING CORPORATION ASBESTOS PI TRUST DISTRIBUTION PROCEDURES Exhibit B to Third Amended Plan of Reorganization PITTSBURGH CORNING CORPORATION ASBESTOS PI TRUST DISTRIBUTION PROCEDURES DOC# 307308 v10-07/30/2008 US_ACTIVE-107297356.2-AJMUHA 9/22/11 5:34 PM PITTSBURGH

More information

LLOYD'S OF LONDON ARCHITECTS/ENGINEERS PROFESSIONAL LIABILITY CLAIMS MADE AND REPORTED INSURANCE POLICY NOTICE

LLOYD'S OF LONDON ARCHITECTS/ENGINEERS PROFESSIONAL LIABILITY CLAIMS MADE AND REPORTED INSURANCE POLICY NOTICE LLOYD'S OF LONDON ARCHITECTS/ENGINEERS PROFESSIONAL LIABILITY CLAIMS MADE AND REPORTED INSURANCE POLICY NOTICE This is a claims made and reported Policy. Unless stated otherwise coverage afforded under

More information

GENERAL AGENT AGREEMENT

GENERAL AGENT AGREEMENT Complete Wellness Solutions, Inc. 6338 Constitution Drive Fort Wayne, Indiana 46804 GENERAL AGENT AGREEMENT This Agreement is made by and between Complete Wellness Solutions, Inc. (the Company ) and (the

More information

Agent Agreement WITNESSETH

Agent Agreement WITNESSETH PATRIOT NATIONAL UNDERWRITERS, INC. Agent Agreement THIS AGENT AGREEMENT (the Agreement ) is made and entered into by and between Patriot National Underwriters, Inc., a Texas corporation ( Patriot ), and

More information

Instructions For Filing a Claim With Leslie Controls, Inc. Asbestos Personal Injury Trust

Instructions For Filing a Claim With Leslie Controls, Inc. Asbestos Personal Injury Trust Instructions For Filing a Claim With The CLAIM FORM & CERTIFICATION FOR LESLIE CONTROLS, INC. ASBESTOS PERSONAL INJURY TRUST (the Claim Form ) is required of all persons filing a claim with the LESLIE

More information

Directors, Officers and Corporate Liability Insurance Coverage Section. This is a Claims Made Policy. Please read it carefully.

Directors, Officers and Corporate Liability Insurance Coverage Section. This is a Claims Made Policy. Please read it carefully. Directors, Officers and Corporate Liability Insurance Coverage Section This is a Claims Made Policy. Please read it carefully. CLAIMS MADE WARNING FOR POLICY NOTICE: THIS POLICY PROVIDES COVERAGE ON A

More information

Instructions for Filing Unliquidated Asbestos Personal Injury Claims

Instructions for Filing Unliquidated Asbestos Personal Injury Claims The G-I Holdings Inc. Asbestos Personal Injury Settlement Trust (the Trust ) was established pursuant to the Eighth Amended Plan of Reorganization of G-I Holdings Inc and ACI Inc. under Chapter 11 of the

More information

Kentucky Department of Education Version of Document A312 2010

Kentucky Department of Education Version of Document A312 2010 Kentucky Department of Education Version of Document A312 2010 Performance Bond CONTRACTOR: (Name, legal status and address) SURETY: (Name, legal status and principal place of business) OWNER: (Name, legal

More information

Capital Raising Mandate

Capital Raising Mandate Mar 11 Capital Raising Mandate [Company Name] [Company Name] [Company Address] ATP FINANCIAL PARTNERS PTY LTD ACN 148 187 759 GPO Box 817, Melbourne, VIC, 3001 Phone 61 3 9095 7000 w ww.atpfinancialpartners.com.au

More information

TRONOX TORT CLAIMS TRUST. Individual Review and Arbitration Procedures for Category A and Category D Personal Injury Claims

TRONOX TORT CLAIMS TRUST. Individual Review and Arbitration Procedures for Category A and Category D Personal Injury Claims TRONOX TORT CLAIMS TRUST Individual Review and Arbitration Procedures for Category A and Category D Personal Injury Claims Pursuant to Sections 3.4 and 3.5 of the Tronox Tort Claims Trust Distribution

More information

CONSULTING SERVICES AGREEMENT

CONSULTING SERVICES AGREEMENT CONSULTING SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is entered into on / /, between SCWOA ("Consultant"), a CA corporation with its principal place of business located at PO Box 1195, Pacifica,

More information

WEST CENTRAL PELLETING LTD. SHARE TRADING PROGRAM GENERAL TERMS AND CONDITIONS ARTICLE 1 GENERAL AND MISCELLANEOUS

WEST CENTRAL PELLETING LTD. SHARE TRADING PROGRAM GENERAL TERMS AND CONDITIONS ARTICLE 1 GENERAL AND MISCELLANEOUS Dated For Reference, August, 2015 WEST CENTRAL PELLETING LTD. SHARE TRADING PROGRAM GENERAL TERMS AND CONDITIONS ARTICLE 1 GENERAL AND MISCELLANEOUS 1.1 Introduction The board of directors of West Central

More information

Expedited Dispute Resolution Bond (P3 Form)

Expedited Dispute Resolution Bond (P3 Form) Expedited Dispute Resolution Bond (P3 Form) Bond No. KNOW ALL WHO SHALL SEE THESE PRESENTS: THAT WHEREAS, (the "Owner") has awarded to (the "Obligee"), a Public-Private Agreement (the PPA ) for a project

More information

Construction Performance Bond. THIS CONSTRUCTION PERFORMANCE BOND ( Bond ) is dated, is in the penal sum of. Sample Preview CONTRACTOR: Address

Construction Performance Bond. THIS CONSTRUCTION PERFORMANCE BOND ( Bond ) is dated, is in the penal sum of. Sample Preview CONTRACTOR: Address Construction Performance Bond THIS CONSTRUCTION PERFORMANCE BOND ( Bond ) is dated, is in the penal sum of [which is one hundred percent of the Contract Price], and is entered into by and between the parties

More information

Case 2:10-cv-02847-IPJ Document 292 Filed 05/27/15 Page 1 of 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

Case 2:10-cv-02847-IPJ Document 292 Filed 05/27/15 Page 1 of 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION Case 2:10-cv-02847-IPJ Document 292 Filed 05/27/15 Page 1 of 12 FILED 2015 May-27 AM 10:35 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

More information

INDIAN HARBOR INSURANCE COMPANY (herein called the Company)

INDIAN HARBOR INSURANCE COMPANY (herein called the Company) INDIAN HARBOR INSURANCE COMPANY (herein called the Company) This is a claims made Policy with defense expenses included. Please read and review the Policy carefully. INSURANCE AGENTS AND BROKERS ERRORS

More information