Fiduciary Duty Action definition

Fiduciary Duty Action means the adversary proceeding [Adv. Pro. No. 09-01616] commenced by the Committee on behalf of the Conveying Subsidiaries’ Estates against TOSA, the Defendant Directors and Officers and other parties, as such complaint and the parties thereto may be amended from time to time and settled pursuant to the D&O Insurance Coverage Settlement Agreements or other settlements or compromises thereof.
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Fiduciary Duty Action. “Fiduciary Duty Action Dispute Notice” “Fiduciary Duty Action Notice” “Financial Statement” “Firm” “First Closing Purchase Price” “Fundamental Representations” “Fund Cash Balance Certificate” “Fund Interests” “Future Interest Amount” “GP Takebacks” “GP Takeback Consent” “GP Takeback Put Option” “Guarantor” “Holdover GP Takebacks” “Indemnity Amount” “Interest Rate” “Interim Accrued Expenses” 3.3(a) 2.3(c) 5.12 2.3(c) 3.5(c) 5.9(c) 5.9(c) 5.6(a) 2.1(a)(i) 2.1(a)(ii) 2.3(j) 2.3(j) 2.3(j) 2.3(j) Definition of Bridging Issue RECITALS 3.12(a) 5.7(i) 2.4(a)(i) 2.4(a)(i) 5.13 5.9(b) 7.4 7.4 5.6(a) RECITALS 3.14 2.3(b) 2.4(a)(i) 2.4(c) 2.1(a)(iii) 2.1(a)(iv) 2.3(a) 5.1(q) 5.1(q) 5.1(q) 3.5(a) 2.3(e) 2.2(a) 7.1(a) 5.14 RECITALS 2.3(a) 2.5 2.5 2.5(c) Preamble 2.5(a) 7.4 2.3(l) 2.3(a)
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Fiduciary Duty Action means the adversary proceeding styled Official Comm. of Unsecured Creditors v. Technical Olympic S.A., et al., Case No. 09- 01616.
Sample 1

Examples of Fiduciary Duty Action in a sentence

  • Subject to the limitations contained in the Plan, the Debtors, with the Committee’s Consent or in the exercise of the Debtors’ Fiduciary Duty Action, reserve the right to alter, amend, or modify the Plan prior to Confirmation (including any exhibit or Plan Supplement) and seek Confirmation consistent with the Bankruptcy Code and, as appropriate, not resolicit votes on such modified Plan.

  • In the event that Purchaser does not provide a timely Fiduciary Duty Action Dispute Notice, the Fiduciary Duty Action taken by the Seller Parties, Subject Entities, LIHTC Funds or their respective Subsidiaries shall not have any effect on the First Closing Purchase Price and shall not result in a First Closing Purchase Price adjustment.

  • Pursuant to the D&O Insurance Coverage Settlement Agreement, the Settling D&O Insurers agreed to pay the D&O Insurance Settlement Amount in settlement of the Fiduciary Duty Action, the D&O Insurance Coverage Action as it relates to the Settling D&O Insurers and the Prepetition Secured Lender Demand Claims against the Defendant Directors and Officers, in each case, other than with respect to the RSUI Insurance Coverage Action.

  • If Purchaser timely delivers a Fiduciary Duty Action Dispute Notice, the Seller Parties and Purchaser will enter into good faith negotiations regarding a First Closing Purchase Price adjustment.

  • In addition, the Settling D&O Insurers agreed to pay the fees and expenses of the Defendant Directors and Officers in connection with the Fiduciary Duty Action, the D&O Insurance Coverage Action, the D&O Insurance Coverage Settlement and the Plan up to $8,270,000 for fees and expenses incurred in connection with the Fiduciary Duty Action, the D&O Insurance Coverage Action, the D&O Insurance Coverage Settlement and the Plan prior to March 19, 2013.

  • To consensually resolve all outstanding disputes among the D&O Settlement Parties with respect to the Fiduciary Duty Action and the D&O Insurance Coverage Action, among other matters, the D&O Settlement Parties have reached agreement in principle, subject to final documentation, as to the terms of the D&O Insurance Coverage Settlement, which shall be set forth in the D&O Insurance Coverage Settlement Agreements.

  • If Purchaser reasonably believes such Fiduciary Duty Action is materially adverse to the Business or the value of the LIHTC Funds, Purchaser shall provide electronic or written notice (a “Fiduciary Duty Action Dispute Notice”) to the Seller Parties within four Business Days of receipt of a Fiduciary Duty Action Notice indicating that Purchaser believes the Fiduciary Duty Action will be materially adverse to the Business or the value of the LIHTC Funds.

  • In the first year the US staff will organize and conduct a training course in Iraq, equivalent to six US credits.

  • MM and Defendants desire to avoid the hazards, uncertainties, and expense of continued litigation between themselves and have agreed to settle and dismiss the Fiduciary Duty Action and the New York Action upon the terms and conditions set forth in this Agreement.

  • The parties hereby stipulate that the prior dismissal of the Fiduciary Duty Action shall be deemed to have been with prejudice, and the parties, through their counsel, shall execute any further documents appropriate to confirm this stipulation.

Related to Fiduciary Duty Action

  • Fiduciary has the meaning set forth in ERISA Section 3(21).

  • duty means any stamp, transaction or registration duty or similar charge imposed by any Governmental Agency and includes, but is not limited to, any interest, fine, penalty, charge or other amount imposed in respect of the above, but excludes any Tax;

  • Third Party Action has the meaning set forth in Section 9.2.

  • Retaliatory action means the discharge, suspension, demotion, penalization, or discrimination against any employee, or other adverse employment action taken against an employee in the terms and conditions of employment.

  • Fiduciary Indemnified Person means each of the Institutional Trustee (including in its individual capacity), the Delaware Trustee (including in its individual capacity), any Affiliate of the Institutional Trustee or the Delaware Trustee, and any officers, directors, shareholders, members, partners, employees, representatives, custodians, nominees or agents of the Institutional Trustee or the Delaware Trustee.

  • discriminatory action means any action or threat of action by an employer that does or would adversely affect an employee with respect to any terms or conditions of employment or opportunity for promotion, and includes termination, layoff, suspension, demotion or transfer of an employee, discontinuation or elimination of a job, change of a job location, reduction in wages, change in hours of work, reprimand, coercion, intimidation or the imposition of any discipline or other penalty but does not include:

  • Independent Fiduciary means an independent fiduciary who will serve as a fiduciary to the Plan in accordance with Article 3 that has no relationship or interest in any of the Settling Parties and is mutually agreed to by the Settling Parties.

  • Presumption or "presumed" means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.

  • Released Person means any person who is released on bail or on his personal bond, as the case may be;

  • Family relationship means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter B, Chapter 573, Texas Government Code.

  • Named Fiduciary means the Fiduciary or Fiduciaries named herein or in the Adoption Agreement who jointly or severally have the authority to control and manage the operation and administration of the Plan.

  • Regulatory Action means an administrative or regulatory enforcement action, proceeding, investigation or inspection, FDA Form 483 notice of inspectional observation, warning letter, untitled letter, other notice of violation letter, recall, seizure, Section 305 notice or other similar written communication, or consent decree, issued by the FDA.

  • Reckless Conduct means conduct where the supplier of the recreational services is aware, or should reasonably have been aware, of a significant risk that the conduct could result in personal injury to another person and engages in the conduct despite the risk and without adequate justification;

  • Retaliatory personnel action means denial of any right guaranteed under the Act and any threat, discharge, including a constructive discharge, suspension, demotion, unfavorable reassignment, refusal to promote, disciplinary action, sanction, reduction of work hours, reporting or threatening to report the actual or suspected immigrant status of an employee or the employee’s family, or any other adverse action against an employee.

  • Wrongdoing means a violation, which is not of a merely technical or minimal nature, of a federal

  • Federally related transaction means any real estate related

  • Rule 506(d) Related Party means, with respect to any Person, any other Person that is a beneficial owner of such first Person’s securities for purposes of Rule 506(d) under the Securities Act.

  • Exposed person means any person wholly or partially in a danger zone;

  • Adverse employment action means an action that affects an em- ployee ’s compensation, promotion, transfer, work assignment, or performance evaluation, or any other employment action that would dissuade a reasonable employee from making or supporting a report of abuse or neglect under Family Code 261.101.

  • Exculpated Party means, collectively, and in each case in its capacity as such: (a) the Debtors;

  • Active duty military means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Section 1209 and 1211.

  • Company Related Party means the Company and its Subsidiaries and any of their respective former, current and future officers, employees, directors, partners, shareholders, management members or Affiliates (excluding any Parent Related Party).

  • Intentional Wrongdoing means an act or omission taken or omitted by a Party with knowledge or intent that injury or damage could reasonably be expected to result.

  • Conflict of Interest means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the State, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

  • 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.

  • regulated person means a person whose collection activities are confined and are directly related to the operation of a business other than that of a collection agency including any of the following: