Derivative Plaintiff definition

Derivative Plaintiff means a person pursuing a derivative action; and
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Derivative Plaintiff means Alvin Viray.
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Derivative Plaintiff means the lawfully married spouse or former spouse of a Primary Plaintiff as verified according to the procedures provided in Section VII.B of this Agreement.
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Examples of Derivative Plaintiff in a sentence

  • Each Derivative Plaintiff who satisfies the eligibility requirements of Section VII.B of this Agreement shall receive an Accelerated Final Payment equal to three and one-half percent (3.5%) of the Accelerated Final Payment to the corresponding Primary Plaintiff on the date of the Accelerated Final Payment to the corresponding Primary Plaintiff.

  • Once the Claims Appeal Neutral has decided an Appeal in writing, the Allocation Neutral shall abide by that decision in all respects concerning all payments, if any, to the Primary Plaintiff and any corresponding Derivative Plaintiff due under this Agreement.

  • If the Allocation Neutral considers any Claim Form, including some or all of the Qualifying Medical Records submitted therewith, to be deficient in any respect, the Allocation Neutral shall provide a Deficiency Notice to the Primary Plaintiff’s counsel, with copies to the WTC Captive and Defendant Insureds’ Counsel, regardless of whether the deficiency pertains to the Primary Plaintiff and/or any corresponding Derivative Plaintiff.

  • In addition, each Derivative Plaintiff who meets the eligibility requirements of Section VII.B of this Agreement shall be treated as though in the same Tier in which his or her corresponding Primary Plaintiff participates.

  • Counsel for each Primary Plaintiff who claims eligibility for any Tier shall submit to the Allocation Neutral a Claim Form on behalf of the Primary Plaintiff and any corresponding Derivative Plaintiff.

  • Prior to the first time, if any, that a Settlement Payment is made to me, I shall, jointly and severally with any Derivative Plaintiff who executes this Release (and with our respective counsel, if any, executing a Certification of Counsel attached to this Release), represent and warrant that any and all Liens with respect to any and all Settlement Payments (and/or the right to receive any and all Settlement Payments) have been satisfied and discharged.

  • The WTC Captive has the right to set off against any Settlement Payment all or any portion of any amount payable to Releasor and/or any Derivative Plaintiff pursuant to the foregoing provisions of this paragraph.


More Definitions of Derivative Plaintiff

Derivative Plaintiff s Counsel” means The Law Firm of Brian Felgoise.
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Derivative Plaintiff s Counsel” means Chappell Smith & Arden, P.A. and Bragar Eagel & Squire, P.C.
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Derivative Plaintiff means the lawfully married spouse or former spouse of a Primary Plaintiff as verified according to the procedures provided in Section
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Derivative Plaintiff means Allan Scott.
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Derivative Plaintiff means Charles Robert Farr,
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Derivative Plaintiff means Glenn Adair, the plaintiff in this Derivative Action.
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Related to Derivative Plaintiff

  • Plaintiff means Xxxxxx Xxxxx.

  • Derivative Action means any Action brought by or in the right of the Corporation and/or an Affiliate.

  • Lead Plaintiff means Xxxxxxx Xxxxxxxx.

  • Defendant means any party named as a defendant in the Action at any time up to and including the date when the Court has entered a final order certifying the Settlement Class described in Paragraph 12 and approving this Agreement under Federal Rule of Civil Procedure (“Rule”) 23(e).

  • Representative Plaintiffs means Plaintiffs Xxxxx Xxxxxxx, Xxxxxxx Xxxxxxx, and Xxxxxx X. Xxxxx.

  • Released Plaintiffs’ 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, issues and controversies of any kind, nature, or description whatsoever, whether known or unknown, disclosed or undisclosed, accrued or unaccrued, apparent or not apparent, foreseen or unforeseen, matured or not matured, suspected or unsuspected, liquidated or not liquidated, fixed or contingent, including Unknown Claims, whether based on state, local, foreign, federal, statutory, regulatory, common, or other law or rule (including claims within the exclusive jurisdiction ofthe federal courts, such as, but not limited to, federal securities claims or other claims based upon the purchase or sale of Class Shares), that are, have been, could have been, could now be, or in the future could, can, or might be asserted, in the Action or in any other court, tribunal, or proceeding by Plaintiff or any other Activision stockholder derivatively on behalf of Activision or as a member of the Class, or by Activision directly against any of the Defendants’ Releasees, which, now or hereafter, are based upon, arise out of, relate in any way to, or involve, directly or indirectly, any of the actions, transactions, occurrences, statements, representations, misrepresentations, omissions, allegations, facts, practices, events, claims or any other matters, things or causes whatsoever, or any series thereof, that relate in any way to, or could arise in connection with, the Transaction (or relate to or arise as a result of any of the events, acts or negotiations related thereto) and the nomination, appointment or election of Activision directors, including but not limited to those alleged, asserted, set forth, claimed, embraced, involved, or referred to in, or related to the Fifth Amended Class and Derivative Complaint or the Action, except for claims relating to the enforcement of the Settlement and for any claims that Defendants may have against any of their insurers, co-insurers or reinsurers that are not otherwise released pursuant to other documentation. For the avoidance of doubt, the Released Plaintiff’s Claims include all of the claimsasserted in the Miller Action, but do not include claims based on conduct of Defendants’ Releasees after the Effective Date.

  • Derivative Transaction means any agreement, arrangement, interest or understanding entered into by, or on behalf or for the benefit of, any Proposing Shareholder or any of its affiliates or associates, whether of record or beneficial: (1) the value of which is derived in whole or in part from the value of any class or series of shares or other securities of the Company, (2) which otherwise provides any direct or indirect opportunity to gain or share in any gain derived from a change in the value of securities of the Company, (3) the effect or intent of which is to mitigate loss, manage risk or benefit of security value or price changes, or (4) which provides the right to vote or increase or decrease the voting power of, such Proposing Shareholder, or any of its affiliates or associates, with respect to any shares or other securities of the Company, which agreement, arrangement, interest or understanding may include, without limitation, any option, warrant, debt position, note, bond, convertible security, swap, stock appreciation right, short position, profit interest, hedge, right to dividends, voting agreement, performance-related fee or arrangement to borrow or lend shares (whether or not subject to payment, settlement, exercise or conversion in any such class or series), and any proportionate interest of such Proposing Shareholder in the securities of the Company held by any general or limited partnership, or any limited liability company, of which such Proposing Shareholder is, directly or indirectly, a general partner or managing member.