Fails to pursue definition

Fails to pursue means either (i) Indemnitee’s failure to communicate a Recommended Settlement to the principal adverse party in the subject matter within 30 days after Indemnitee’ receipt thereof from the Company, or (ii) Indemnitee’s failure to agree to any Recommended Settlement that has been accepted by all adverse parties in the subject matter within 30 days after receipt thereof, provided the Company has (A) irrevocably deposited all funds necessary to satisfy all of Indemnitee’s obligations under such Recommended Settlement in an account subject to Indemnitee’s or a third party’s control and (B) irrevocably taken all actions and given all instructions necessary or appropriate to permit such funds to be applied in satisfaction of such obligations of Indemnitee.
Fails to pursue means that the Company has failed to pursue such opportunity in a reasonable commercial manner and “fails to pursue” is irrebutably presumed if (x) within 30 days of such vote, the Company has not signed a confidentiality agreement with the parties representing such business opportunity; (y) within 60 days of such vote, the Company has not begun the due diligence process regarding such business opportunity; or (z) within 120 days of such vote, the Company is not in active discussions, or has otherwise terminated its discussions with the parties representing such business opportunity. Notwithstanding anything to the contrary in this Section V(a), activities shall not be deemed to be “Competitive Activities” solely as a result of the Executive’s being employed by or otherwise associated with a business of which a unit is in competition with the Company but as to which unit Executive does not have direct or indirect responsibility or direct involvement.
Fails to pursue means that the Company has failed to pursue such opportunity in a reasonable commercial manner and “fails to pursue” is irrebutably presumed if (x) within 30 days of such vote, the Company has not signed a confidentiality agreement with the parties representing such business opportunity; (y) within 60 days of such vote, the Company has not begun the due diligence process regarding such business opportunity; or (z) within 120 days of such vote, the Company is not in active discussions, or has otherwise terminated its discussions with the parties representing such business opportunity. Notwithstanding anything to the contrary in this Section V(a), (i) activities shall not be deemed to be “Competitive Activities” solely as a result of the Executive’s being employed by or otherwise associated with a business of which a unit is in competition with the Company but as to which unit Executive does not have direct or indirect responsibility or direct involvement, and (ii) nothing herein shall prohibit Executive from owning, managing, operating, controlling or participating in the ownership, management, operation or control of, or being employed by or engaged as an independent contractor for a law firm or other person engaged primarily in the performance of legal services, and such activities shall not be deemed to be “Competitive Activities”.

Examples of Fails to pursue in a sentence

  • Fails to pursue all lawful efforts to require such unsuitable person to relinquish all voting securities including, if necessary, the immediate purchase of said voting securities by the licensee.

  • Fails to pursue all lawful efforts to require such unsuitable person to relinquish his or her voting securities including, if necessary, the immediate purchase of said voting securities by the publicly traded corporation for cash at fair market value.(Adopted: 5/73.

  • Fails to pursue all lawful efforts to require such unsuitable person to relinquish his or her voting securities including, if necessary, the immediate purchase of said voting securities by the publicly traded corporation for cash at fair market value.

  • In the literature we can find many dissimilarity measures, but only a few can be considered when working with symbolic objects data.

Related to Fails to pursue

  • Registered in the System for Award Management (SAM means that–

  • Rights to Payment means all Borrower’s accounts, instruments, contract rights, documents, chattel paper and all other rights to payment, including, without limitation, the Accounts, all negotiable certificates of deposit and all rights to payment under any Patent License, any Trademark License, or any commercial or standby letter of credit.

  • Reasonably Available Control Technology (RACT) means the lowest emission limit that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. It may require technology that has been applied to similar, but not necessarily identical source categories.

  • Grants means subsidies, aid, or payments to local governments, to community and quasi-public agencies for providing local services, and to persons who are not wards of the State for services or supplies and means cash or other direct assistance, including pension contributions.

  • Responsible individual means an individual who is employed by a licensee and has principal managerial authority over the provision of money services by the licensee in this state.

  • Payments to Party A: ABA#: Account#: Payments to Party B: JPMorgan Chase Bank ABA#: 021000021 Account#: Account Name: Collection Account Ref: Ford 2002-A Party A Operations Contact: Attention: Tel: Party B Operations Contact: JPMorgan Chase Bank Corporate Trust Administration 450 West 33rd Street, 14th Floor New Xxxx, Xxx Xxxx 00000 Xxxxxxxxx: Xxxxxxx X. Xxxxx Tel: (212) 946-3346 Fax: (212) 946-8302 Xxxxxe confirm that the foregoing correctly xxxx xxxxx xxe terms of our agreement by executing this Confirmation and returning it to us. Best Regards, FORD CREDIT AUTO OWNER TRUST 2002-A By: THE BANK OF NEW YORK, not in its individual capacity but solely as Owner Trustee By: -------------------------------------- Name: Title: CREDIT SUISSE FIRST BOSTON INTERNATIONAL By: -------------------------------------- Name: Title: January 8, 2002 To: CREDIT SUISSE FIRST BOSTON INTERNATIONAL Contact: Customer Service Group Tel:212-325-8679 Fax:212-325-8713 From: FORD XXXXXX XXXX OWNER TRUST 2002-A Coxxxxx: Michael A. Smith Tel:212-946-3346 Fax:000-000-0000 Re: Xxxxxxxx Xxte Swap Reference No. 0000000/X/XY Ladies and Gentlemen: The purpose of this letter agreement is to confirm the terms and conditions of the Swap Transaction entered into between Credit Suisse First Boston International ("Party A") and Ford Credit Auto Owner Trust 2002-A ("Party B") on the Trade Date listed below (the "Transaction"). This letter constitutes a "Confirmation" as referred to in the ISDA Agreement specified below. The definitions and provisions contained in the 2000 ISDA Definitions (as published by the International Swap Dealers Association, Inc.) are incorporated into this Confirmation. For these purposes, all references in those Definitions to a "Swap Transaction" shall be deemed to apply to the Transactions referred to herein. In the event of any inconsistency between those definitions and this Confirmation, this Confirmation will govern.

  • System for Award Management (SAM means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

  • AT&T-12STATE means the AT&T owned ILEC(s) doing business in Arkansas, California, Illinois, Indiana, Kansas, Michigan, Missouri, Nevada, Ohio, Oklahoma, Texas and Wisconsin.

  • Grant means mortgage, pledge, bargain, warrant, alienate, remise, release, convey, assign, transfer, create, grant a lien upon and a security interest in and right of set-off against, deposit, set over and confirm pursuant to this Indenture. A Grant of the Collateral or of any other agreement or instrument shall include all rights, powers and options (but none of the obligations) of the Granting party thereunder, including the immediate and continuing right to claim for, collect, receive and give receipt for principal and interest payments in respect of the Collateral and all other moneys payable thereunder, to give and receive notices and other communications, to make waivers or other agreements, to exercise all rights and options, to bring proceedings in the name of the Granting party or otherwise and generally to do and receive anything that the Granting party is or may be entitled to do or receive thereunder or with respect thereto.

  • AT&T-4STATE means the AT&T owned ILEC(s) doing business in Arkansas, Kansas, Missouri and Oklahoma.

  • Stock Payment means (a) a payment in the form of shares of Stock, or (b) an option or other right to purchase shares of Stock, as part of any bonus, deferred compensation or other arrangement, made in lieu of all or any portion of the compensation, granted pursuant to Article 8.