Canary Defendants definition

Canary Defendants means Canary Capital Partners, LLC; Canary Capital Partners, Ltd.; Canary Investment Management, LLC; and Xxxxxx Xxxxx;
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Canary Defendants means Canary Capital Partners, LLC; Canary Investment Management, LLC; Canary Capital Partners, Ltd.; and Edward J. Stern, and any other related entities named as defendants in the Actions;
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Examples of Canary Defendants in a sentence

  • Defendant Xxxxxx Xxxxx has previously paid or caused to be paid the principal amount of $15,000,000 into the Canary Escrow Account towards the settlement of various claims asserted against the Canary Defendants in the MDL.

  • The Canary Defendants expressly deny any wrongdoing, liability or damages.

  • Under the terms of the Supplemental Agreement, the Canary Defendants shall have the option to void this Settlement if shareholders who held shares representing in the aggregate holders of a certain percentage of the total net assets during any three-month period during the Class Period of one or more Releasing Funds validly exclude themselves from the Class.

  • Solely for purposes of this Severed Settlement and for no other purpose, the Canary Defendants agree not to oppose: (a) certification of the Class Action as a class action pursuant to Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure on behalf of the Class; (b) appointment of Class Plaintiff as class representative; and (c) appointment of Class Counsel as class counsel pursuant to Rule 23(g) of the Federal Rules of Civil Procedure.

  • Simultaneously herewith, the Parties are executing a “Supplemental Agreement” setting forth certain conditions under which this Settlement may be terminated by the Canary Defendants.

  • The Canary Defendants shall have the right to void this Settlement pursuant to the terms and conditions set forth in paragraph 16 of the Master Agreement, but subject to any limitations on such rights contained in the Master Agreement.

  • At least ten (10) days before submission of the Preliminary Approval papers to the Court, Plaintiffs shall provide the Canary Defendants with the most recent draft of the Preliminary Approval papers, and the Parties shall cooperate in good faith to agree upon the language of the Preliminary Approval papers prior to submission to the Court.

  • The Canary Released Parties shall not take any position with respect to Plaintiffs’ Counsel’s application for a Fee and Expense Award, provided such application is consistent with the terms of this Agreement, and such matters are not the subject of any agreement between the Canary Defendants and Plaintiffs other than what is set forth in this Agreement.

  • The Canary Defendants hereby represent that to the best of their knowledge and ability they have provided Class Plaintiff with full and accurate records of all trades in the RS Mutual Funds that were made by the Canary Defendants during the Class Period (the “Trading Data”).

  • In addition to these amounts, Investor Class Lead Counsel intends to distribute $11,490,000 plus interest (which was obtained by the Office of the New York Attorney General in its settlement with the Canary Defendants) to the Investor Class.

Related to Canary Defendants

  • Individual Defendants means Xxxxxx X. Xxxxx, X. Xxxx Xxxxx, Xxxxx

  • Settled Defendants means, in respect of each Proceeding, any Defendant (excluding the Settling Defendants) that executes its own settlement agreement with the Plaintiffs in that Proceeding and whose settlement agreement becomes effective in accordance with its terms, whether or not such settlement agreement is in existence at the Date of Execution.

  • Released Defendants Claims” means all claims and causes of action of every nature and description, whether known claims or Unknown Claims, whether arising under federal, state, common or foreign law, that arise out of or relate in any way to the institution, prosecution, or settlement of the claims asserted in the Action against the Defendants. Released Defendants’ Claims do not include any claims relating to the enforcement of the Settlement or any claims against any person or entity who or which submits a request for exclusion from the Settlement Class that is accepted by the Court.

  • Individual Defendant means Kramer Duhon.

  • Corporate Defendants means Money Now Funding, LLC, a/k/a Money

  • Released Defendant Persons means all persons and entities named as a Defendant in the Action or that could have been named as a Defendant in the Action, including, without limitation, the past and present officers and members of the Board of Directors of AMC, the members of the special committee of the Board of Directors of AMC that approved the Transaction, Silver Lake, and the members of the SLC, and any and all of the respective current and former employers, parent entities, controlling persons, owners, members, co-investors, lenders, principals, affiliates, or subsidiaries of any of the foregoing, and each and all of the respective past or present officers, directors, managers, partners, limited partners, stockholders, representatives, employees, attorneys, financial or investment advisors, consultants, accountants, investment bankers, commercial bankers, agents, heirs, executors, trustees, personal representatives, estates, administrators, predecessors, successors, assigns, insurers, and reinsurers of any of the foregoing.

  • Defendants means all of the Individual Defendants and the Corporate Defendants, individually, collectively, or in any combination.

  • Released Defendant Claims means any and all manner of claims, demands, rights, liabilities, losses, obligations, duties, damages, costs, debts, expenses, interest, penalties, sanctions, fees, attorneys’ fees, actions, potential actions, causes of action, suits, agreements, judgments, decrees, matters, counterclaims, offsets, issues, and controversies of any kind, nature, or description whatsoever, whether accrued or unaccrued, disclosed or undisclosed, apparent or not apparent, foreseen or unforeseen, matured or not matured, suspected or unsuspected, liquidated or not liquidated, fixed or contingent, whether based on state, local, federal, statutory, regulatory, common, or other law or rule, including known claims and Unknown Claims, which any Defendant ever had, now has, or may have against any of the Plaintiff Released Persons and/or the Released SLC Persons that arise out of, are based upon, or relate to the institution, prosecution, or settlement of the claims asserted in the Action. For the avoidance of doubt, the Released Defendant Claims shall not include any claims to enforce this Stipulation or the Settlement.

  • Student growth objective means an academic goal that teachers and designated supervisors set for groups of students.

  • Released Defendant Parties means Defendants, Defendants’ Counsel, and each of their respective past or present direct or indirect subsidiaries, parents, affiliates, principals, successors and predecessors, assigns, officers, directors, shareholders, trustees, partners, agents, fiduciaries, contractors, employees, attorneys, auditors, insurers; the spouses, members of the immediate families, representatives, and heirs of the Individual Defendants, as well as any trust of which any Individual Defendant is the settlor or which is for the benefit of any of their immediate family members; any firm, trust, corporation, or entity in which any Defendant has a controlling interest; and any of the legal representatives, heirs, successors in interest or assigns of Defendants.

  • Released Defendants’ Claims means all claims and causes of action of every nature and description, whether known claims or Unknown Claims, whether arising under federal, state, common or foreign law, that arise out of or relate in any way to the institution, prosecution, or settlement of the claims asserted in the Action against Defendants. Released Defendants’ Claims do not include: (i) any claims relating to the enforcement of the Settlement;

  • Settling Defendants means Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson, as well as their subsidiaries, affiliates, officers, and directors named in a National Settlement Agreement.

  • Non-Settling Defendants means any Defendant that is not a Releasee and includes any Defendant that terminates its own settlement agreement in accordance with its terms or whose settlement otherwise fails to take effect for any reason, whether or not such settlement agreement is in existence at the Execution Date.

  • Corporate Defendant means CardReady, LLC, and its assigns and successors.

  • Selected Courts has the meaning set forth in Section 4.07.

  • Putative father means a man who is alleged to be or who claims to be the biological father of a child born to a woman to whom the man is not married at the time of the birth of the child.

  • Released Plaintiff Persons means Plaintiff and any and all of her respective current and former employers, parent entities, controlling persons, owners, members, principals, affiliates, or subsidiaries, and each and all of their respective past or present officers, directors, managers, partners, stockholders, representatives, employees, attorneys, financial or investment advisors, consultants, accountants, investment bankers, commercial bankers, agents, heirs, executors, trustees, personal representatives, estates, administrators, predecessors, successors, assigns, insurers, and reinsurers.

  • the We Love Manchester Emergency Fund means the registered charity of that name (number 1173260) established on 30th May 2017;

  • SOUND NATURAL TEETH means teeth that: SPECIALTY PRESCRIPTION DRUG is a type of prescription drug listed on our

  • the London Bombings Relief Charitable Fund means the company limited by guarantee (number 5505072), and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;

  • Released Plaintiff Parties means the Plaintiffs, each and every Class Member, Plaintiffs’ Counsel, and each of their respective past or present trustees, officers, directors, partners, employees, contractors, auditors, principals, agents, attorneys, predecessors, successors, assigns, insurers, parents, subsidiaries, general or limited partners or partnerships, and limited liability companies; and the spouses, members of the immediate families, representatives, and heirs of any Released Plaintiff Party who is an individual, as well as any trust of which any Released Plaintiff Party is the settlor or which is for the benefit of any of their immediate family members. Released Plaintiff Parties does not include any Person who timely and validly sought exclusion from the Class.

  • Attack directed against any civilian population means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;

  • Student Growth means the change in Student Achievement data for an individual student between two points in time. Growth may also include other measures that are rigorous and comparable across classrooms.

  • Released Persons means each and all of the Defendants and their Related Parties.

  • Defendants’ Releasees means Defendants and their current and former parents, affiliates, subsidiaries, officers, directors, agents, successors, predecessors, assigns, assignees, partnerships, partners, trustees, trusts, employees, Immediate Family Members, insurers, reinsurers, and attorneys.

  • Therapeutic court personnel means the staff of a mental