Pleadings Sample Clauses

Pleadings a. A copy of the "Request for Arbitration" shall be forwarded to the arbitrator within five (5) calendar days of his/her selection. b. Within ten (10) calendar days following submission of the Executive's "Request for Arbitration" to the arbitrator, Ultrak shall respond in writing to the "Request for Arbitration" to the arbitrator by answer and/or demurrer. The answer or demurrer shall be served on the arbitrator and the Executive. c. The answer to the "Request for Arbitration" shall include the following information: (1) A response, by admission or denial, to each claim set forth in the "Request for Arbitration"; (2) All affirmative defenses asserted by Ultrak to each claim; and (3) All counterclaims Ultrak asserts against the Executive and any related third party claims. d. If Ultrak contends that some or all of the Executive's claims set forth in the "Request for Arbitration" are barred as a matter of law, it may respond by demurrer setting forth the legal authorities in support of its position. If Ultrak demurs to less than the entire "Request for Arbitration," Ultrak must answer those claims to which it does not demur at the same time that it submits its demurrer. e. The Executive shall have twenty (20) calendar days to oppose Ultrak's demurrer. Any opposition must be in writing and served on the arbitrator and Ultrak. f. If Ultrak's answer alleges a counterclaim, within twenty (20) days of service of the answer, the Executive shall answer and/or demur to the counterclaim in writing and serve the answer and/or demurrer on the arbitrator and Ultrak. If the Executive demurs to any counterclaim, Ultrak shall have twenty (20) calendar days from its receipt of the demurrer to submit a written opposition to the demurrer to the Executive and the arbitrator. g. The arbitrator shall rule on demurrer(s) to any claims and/or counterclaims within fifteen (15) calendar days of service of the moving and opposition papers. h. If any demurrer is overruled, the moving party must answer those claims to which it demurred within five (5) calendar days of the arbitrator's ruling. The answer must be served on the arbitrator and the opposing party. i. When all claims and counterclaims have been answered, the arbitrator shall set a time and place for hearing which shall be no earlier than three (3) months from the day on which the parties are notified of the date of hearing and no late than twelve (12) months from the date on which the arbitrator sets the date of the hearing...

Pleadings. Section or paragraph headings contained herein are for convenience of reference only and are not to be considered a part of this Agreement.

Pleadings. The pleadings in a criminal proceeding are the indictment, the information, and the pleas of not guilty, guilty, and nolo con- tendere.

Pleadings. The following shall apply to the arbitration of any Dispute:

Pleadings. The headings of the sections and subsections hereof are provided for convenience only and shall not in any way affect the meaning or construction of any provision of this Credit Agreement.

Pleadings the Bankruptcy Court shall grant a motion with respect to any pleading set forth in clause (xii) above;

Pleadings. (a) The following shall apply to the Arbitration of any dispute: (i) within thirty (30) days of the appointment of the Arbitrator, the Applicant shall deliver to the Respondent and the Arbitrator a written statement (which for the purposes of this Appendix 2 only shall be referred to as the “Claim”) concerning a dispute setting forth, with particularity, its position on the dispute and the material facts upon which it intends to rely; (ii) if the Applicant fails to deliver a Claim within the time limits referred to in (i) above, the Arbitrator shall proceed pursuant to the procedures relating to default set out in the Arbitration Act, 1991 (Ontario); (iii) within twenty-one (21) days of the delivery of the Claim, the Respondent shall deliver to the Applicant and the Arbitrator a written response (the “Defence”) setting forth, with particularity, its position on the dispute and the material facts upon which it intends to rely; (iv) if the Respondent fails to deliver a Defence within the time limit referred to in (iii) above, the Arbitrator shall proceed pursuant to the procedures relating to default set out in the Arbitration Act, 1991 (Ontario); (v) within ten (10) days after the delivery of the Defence, the Applicant may deliver to the Respondent and the Arbitrator a written reply to the Defence (the “Reply”), setting forth, with particularity, its response, if any, to the Defence; (vi) within the time provided for the delivery of the Defence to the Claim, the Respondent may also deliver to the Applicant and the Arbitrator a counter-claim (the “Counter-Claim”) setting forth, with particularity, any additional dispute for the Arbitrator to decide; (vii) within twenty-one (21) days of the delivery of a Counter-Claim, the Applicant shall deliver to the Respondent and the Arbitrator a defence to such Counter-Claim (the “Defence to Counter-Claim”). If the Applicant fails to deliver a Defence to Counter-Claim within such period, the Arbitrator shall proceed pursuant to the procedures relating to default of a Party set out in the Arbitration Act, 1991 (Ontario); (viii) within ten (10) days after the delivery of a Defence to Counter-Claim, the Respondent may deliver to the Applicant and the Arbitrator a reply to such Defence to Counter-Claim; and (ix) any dispute submitted to Arbitration in accordance with (vi) above shall be governed by, and dealt with as if it were the subject of a Complaint in accordance with these Rules, except that it shall be deemed a submi...

Pleadings. The Credit Parties shall provide the Administrative Agent with drafts of all pleadings (together with proposed orders attached thereto, as applicable), including all “first day” and “second day” pleadings to be filed in the Chapter 11 Cases, in each case before filing and with reasonable time (in any event no less than five Business Days) for the Administrative Agent to comment thereon, and all such pleadings shall not conflict with the terms of the Loan Documents.

Pleadings. The headings are for convenience only and are not to affect the construction of or to be taken into account in interpreting the substance of this Agreement.

Pleadings. The table of contents and captions in this Agreement are for convenience of reference only and shall not define or limit the provisions hereof.