| Allowed | "Allowed” means with reference to any Claim: a PI/WD Claim or an Indirect PI/WD Claim that is resolved in a manner consistent with the PI/WD Trust Distribution Procedures and the Plan; |
| Basic Claim Submission | “Basic Claim Submission” means the submission of Identifying Information to the Trust and the election to make or not make the Expedited Distribution Election. |
| Channeled PI/WD Claim | “Channeled PI/WD Claim” means a PI/WD Claim asserted by a PI/WD Claimant (a) who does not opt out of the Consensual Claimant Release or (b) who does not opt out to pursue his or her PI/WD Claims in the Civil Justice System for the purpose of pursuing a recovery from one or more PI/WD Insurance Companies, provided, however, that an Opt-Out Insured PI/WD Claim shall become a Channeled PI/WD Claim if the Holder of the Opt-Out Insured PI/WD Claim elects or is deemed to elect to return to the PI/WD Trust under and in accordance with the PI/WD Trust Distribution Procedures. A PI/WD Claim asserted by the Holder of an Opt-Out PI/WD Claim shall not be a Channeled PI/WD Claim. |
| Claims Matrix | “Claims Matrix” means (as specifically defined and described in ARTICLE VI.C and ARTICLE VI.D) a table scheduling the five tiers of Personal Injury Types, and identifying the Base Matrix Value, and Maximum Matrix Value for each tier. |
| Expedited Distribution | “Expedited Distribution” is a single payment of $5,000, which may be reduced by medical liens. |
| Expedited Distribution Election | “Expedited Distribution Election” means an irrevocable election made by an individual to receive an Expedited Distribution on account of a Personal Injury Claim. |
| Holder | “Holder” means any Person or Entity holding a Claim or an Interest. |
| Personal Injury Claim | “Personal Injury Claim” means a Channeled PI/WD Claim. |
| Personal Injury Claimant | “Personal Injury Claimant” means the holder of a Personal Injury Claim. |
| PI/WD Claim | “PI/WD Claim” means any unsecured Claim against the Debtor that is attributable to, arises from, is based upon, relates to, or results from an alleged personal injury tort or wrongful death claim within the meaning of 28 U.S.C. § 157(b)(2)(B), including any PI/WD Claim against the Debtor regardless of whether such Claim is alleged to have been allocated to CHS TX, Inc. or YesCare Corp. under the Plan of Divisional Merger. The term PI/WD Claim does not include Indirect PI/WD Claims. |
| PI/WD Trust Assets | “PI/WD Trust Assets” means all Assets and Estate Assets allocated to the PI/WD Trust pursuant to the PI/WD Trust Agreement and the Plan, as applicable, and in each case, as amended, supplemented, restated, or otherwise modified from time to time, including: (a) 50% of the Settlement Payments; (b) 50% of the ERC Fund; (c) 50% interest in the Retained Causes of Action and the proceeds thereof; (d) Retained PI/WD Trust Causes of Action; (e) the PI/WD Insurance Assignment; (f) the PI/WD Data Transfer; (g) 50% of the Debtor’s remaining Assets, including Cash, (h) any other funds or Assets allocated to the PI/WD Trust under the Plan; and (h) any income, profits, gains, and proceeds realized, received, or derived from PI/WD Trust Assets. |
| PI/WD Trustee | The “PI/WD Trustee” is Michael W. Zimmerman. |
| Plan | “Plan” means the First Modified Joint Chapter 11 Plan of Reorganization of the Tort Claimants’ Committee, Official Committee of Unsecured Creditors, and Debtor |
| Proposed Allowed Claim Amount | “Proposed Allowed Claim Amount” means If the Trustee determines that a Submitted Claim is an Allowed Trust Claim, the Trustee shall utilize the procedures described in ARTICLE VI.C to determine the value of Personal Injury Claims and the procedures described in ARTICLE VII.C to determine the value for Indirect Claims |
| TDP | “TDP” is the Trust Distribution Procedures and can be viewed on Docket 1815. |
| Trust | “Trust” means the Tehum Personal Injury Settlement Trust. |