Disqualifying Conduct definition

Disqualifying Conduct means (A) the act or omission of Director was material to the matter giving rise to the Proceeding and (1) was committed in bad faith or (2) was the result of active and deliberate dishonesty, (B) Director actually received an improper personal benefit in money, property or services, or (C) in the case of any criminal Proceeding, Director had reason to believe that his conduct was unlawful.
Disqualifying Conduct means (i) acts were committed by Executive in bad faith or were the result of active and deliberate dishonesty by Executive and were material to the cause of action or (ii) that Executive personally gained in fact a financial profit or other advantage to which he was not legally entitled.
Disqualifying Conduct means, as determined by the Company: (i) willful misconduct or gross negligence as to a material matter in connection with your duties; (ii) any act constituting material dishonesty or fraud with respect to the Company; (iii) the indictment for, conviction of, or a plea of guilty or nolo contendere to, a felony under applicable law; (iv) material violation of a material term of any written Company policy made available to you; (v) failure to attempt in good faith to (A) perform your duties in all material respects or (B) follow a clear, lawful and reasonable directive of the Board; or (vi) material breach of a fiduciary duty owed to the Company that has caused or could reasonably be expected to cause a material injury to the business; provided, that in no event shall your employment be terminated for Cause unless (A) an event or circumstance set forth in clauses (i), (ii), (iv) or (v) has occurred and the Company provides you with written notice after the Company has knowledge of the occurrence of existence of such event or circumstance, which notice reasonably identifies the event or circumstance that the Company believes constitutes Cause and (B) with respect to the events and circumstances set forth in clauses (iv) and (v) only, you fail to substantially cure the event or circumstance so identified within 30 days of the receipt of such notice; and

Examples of Disqualifying Conduct in a sentence

  • The fund’s weight reduction in this investment theme, which remains the largest individual position (combining the two vehicles stands at 7.2%), is exclusively due to the rise of new investment opportunities that we will discuss below.

  • Disqualifying conduct for purposes of the MCJA Board Policy is only the below conduct, if committed as an adult.

  • DISQUALIFYING CONDUCT# Disqualifying conduct, regardless of whether the applicant was charged or convicted, for which a waiver from the Board of Trustees is required.

  • Disqualifying conduct includes convictions within the last 10 years (in some cases 5 years) for securities fraud; being subject to certain injunctions or decrees by courts and regulators involving securities, banking, insurance of commodities activities; suspension or expulsion from membership by a self-regulatory organization (such as FINRA), etc.147b.

  • Disqualifying conduct does not include the failure to obtain a Certificate of Operation or Operator Permit without any prior oral or written notification by the City that such was required, provided that the business and/or person cease operations immediately upon notification.


More Definitions of Disqualifying Conduct

Disqualifying Conduct shall have the meaning given it in Article VII, Section 1(b) of this Declaration of Trust.
Disqualifying Conduct means conduct by any person who:
Disqualifying Conduct means, as determined by the Company: (i) willful misconduct or gross negligence as to a material matter in connection with your duties; (ii) any act constituting material dishonesty or fraud with respect to the Company; (iii) the indictment for, conviction of, or a plea of guilty or nolo
Disqualifying Conduct means an activity conducted on the property for which a criminal citation was issued, or a criminal prosecution initiated, for violation of a local, state, or federal law. For purposes of this definition, any activity must concern the property itself such that the activity did, or likely could, have an adverse impact on neighboring residents. Examples include, but are not limited to, (1) arson or attempted arson, (2) violent crimes committed on the property, or attempted on the property, involving the use of deadly force; (3) criminal abuse or abandonment of animals on the property, or harboring of dangerous animals on the property; (4) criminal disorderly conduct or sexual conduct committed on the property and witnessed by
Disqualifying Conduct means the occurrence, by any person who establishes, maintains, administers, oversees, manages, operates, works at or proposed to be employed at the subject massage establishment, of any of the following events within ten (10) years immediately preceding the date of filing of the application in question or, in the case of revocation or suspension proceedings, within ten (10) years of the date of notice of hearing pursuant to Section 5.20.240 (Notice of revocation):
Disqualifying Conduct means any of the following when occurring within five (5) years of any application made pursuant to this Chapter: (a) Pandering as set forth in California Penal Code Section 266i; (b) Keeping or residing in a house of ill-fame as set forth in California Penal Code Section 315; (c) Keeping a house for the purpose of assignation or prostitution, or other disorderly house as set forth in California Penal Code Section 316; (d) Prevailing upon a person to visit a place of illegal gambling or prostitution as set forth in California Penal Code Section 318; (e) Lewd conduct as set forth in California Penal Code Section 647, subdivision (a); (f) Prostitution activities as set forth in California Penal Code Section 647, subdivision (b); (g) Any offense committed in any other state which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in California Penal Code Sections 266(i), 315, 316, 318, or 647, subdivisions (a) or (b);
Disqualifying Conduct means any of the following when occurring within five years of any application made pursuant to this chapter: