untrue statement shall include any untrue statement or alleged untrue statement, or any omission or alleged omission to state in the Registration Statement a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.
Fraud Losses Realized Losses on Mortgage Loans as to which a loss is sustained by reason of a default arising from fraud, dishonesty or misrepresentation in connection with the related Mortgage Loan, including a loss by reason of the denial of coverage under any related Primary Insurance Policy because of such fraud, dishonesty or misrepresentation.
Fraud Loss Any Realized Loss or portion thereof sustained by reason of a default arising from fraud, dishonesty or misrepresentation in connection with the related Mortgage Loan, including by reason of the denial of coverage under any related Primary Insurance Policy.
Order and Final Judgment means the order and final judgment of the Court approving the Settlement Agreement, as described in Section II(E)(7) below.
Pertinent Jurisdiction in relation to a company, means:
Evidence means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.
Final Judgment means the Judgment Entered by the Court upon Granting Final Approval of the Settlement.
Threatened species means any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.
Fact-finding means identification of the major issues in a particular labor dispute by one
Fraud Claim means any claim based in whole or in part upon fraud, willful misconduct or intentional misrepresentation.
Erroneous Payment Return Deficiency has the meaning assigned to it in Section 14.14(d).
Erroneous Payment as defined in Section 9.14(a).
Erroneous Payment Deficiency Assignment has the meaning assigned to it in Section 14.14(d).
Preponderance of evidence means evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it.
Dishonest or Fraudulent Act means any dishonest or fraudulent act, including “larceny and embezzlement” as defined in Section 37 of the Investment Company Act of 1940, committed with the conscious manifest intent (1) to cause the Insured to sustain a loss and (2) to obtain financial benefit for the perpetrator or any other person (other than salaries, commissions, fees, bonuses, awards, profit sharing, pensions or other employee benefits). A Dishonest or Fraudulent Act does not mean or include a reckless act, a negligent act, or a grossly negligent act.
Warranty Claim means any claim for breach of Warranty;
Credible threat means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section.
Indemnified Items shall have the meaning assigned to such terms in Section 2(b).
primary insolvency jurisdiction means the Contracting State in which the centre of the debtor’s main interests is situated, which for this purpose shall be deemed to be the place of the debtor’s statutory seat or, if there is none, the place where the debtor is incorporated or formed, unless proved otherwise;
Threatened or endangered species means all spe- cies of wildlife listed as "threatened" or "endangered" by the United States Secretary of the Interior or Commerce, and all species of wildlife designated as "threatened" or "endan- gered" by the Washington fish and wildlife commission.
Erroneous Payment Notice has the meaning assigned to it in Section 7.9.
Final Order and Judgment means the final judgment and order of dismissal with prejudice to be entered in the Lawsuit in connection with the approval of the Settlement after the Final Approval Hearing.
Fraud means any offence under Laws creating offences in respect of fraudulent acts or at common law in respect of fraudulent acts in relation to the Contract or defrauding or attempting to defraud or conspiring to defraud the Crown.
Tax Adjustment has the meaning set forth in Section 4.7.