Fraudulent Breach definition

Fraudulent Breach and “Fraudulent Breaches” shall have the meaning ascribed to such terms in Section 10.1. (qq) “Full Distribution” shall have the meaning ascribed to such term in Section 10.4(d)(ii).
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Fraudulent Breach and “Fraudulent Breaches” shall have the meaning ascribed to such terms in Section 10.1.
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Fraudulent Breach means with respect to the Company or a Company Unit Holder any breach by the Company or a Company Unit Holder (in its capacity as such), as appropriate, of its respective representations and/or warranties resulting from the Company’s or such Company Unit Holder’s intentional fraud, as the case may be, and means with respect to the Parent any breach by the Parent of its representations and/or warranties resulting from the Parent’s intentional fraud.
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Examples of Fraudulent Breach in a sentence

  • Application of the ULP to Fraud, Fraudulent Breach of Trust and Wilful Concealment of Material Facts Cases involving fraud, fraudulent breach of trust and wilful concealment of material facts can be distinguished from other types of claims.

  • The First Amended Complaint asserted, inter alia, claims for "Fraud; Fraud in the Inducement of Contract; Fraudulent Breach of Contract" (Count III) and IIED (Count IV) against Daniel and the Nakada Defendants.

  • KNOWING ASSISTANCE LIABILITYD liable if that defendant assists a trustee or fiduciary with knowledge of a dishonest and fraudulent design on the part of the T (Farah).(1) Trust or Fiduciary Duty: CT, express, resulting trust, or FD(2) Dishonest or Fraudulent Breach by F: Dishonesty: ‘a transgression of ordinary standards of honest behaviour’ (Hasler).

  • Cayetano, 111 Hawai#i 462,476, 143 P.3d 1, 15 (2006)).Fukuda's First Amended Complaint asserted the following claims against Daniel and the Nakada Defendants: (1) Count I, Breach of Contract; (2) Count II, Breach of Covenant of Good Faith and Fair Dealing; (3) Count III, Fraud; Fraud in the Inducement of Contract; Fraudulent Breach of Contract; and (4) Count IV, IIED.

  • Article 2:104 Fraudulent Breach Without prejudice to the sanctions provided for in Article 2:102, the insurer shall be entitled to avoid the contract and retain the right to any premium due, if it has been led to conclude the contract by the policyholder’s fraudulent breach of Article 2:101.

  • There is also the need to aim at efficient and effective use of public resources.

  • This Section 10.2(d)(i) shall not apply to indemnification claims arising out of or resulting from (A) any breach of the Fundamental Representations or (B) any Fraudulent Breach (Damages arising from or related to the foregoing Section 10.2(d)(i)(A) and (B), the “Special Damages”).

  • Except for the last sentence of Section 10.2(c)(i), Section 10.2(c) shall not apply to claims arising out of or based upon any Fraudulent Breach, which shall not be limited hereunder.

  • CPCLA was a wholly owned subsidiary CPC Inc.On July 13, 1998, Ms. McGrail and her husband, Paul Ferguson, filed their original petition, a “Petition for Fraudulent Breach of Fiduciary Duty”, in Louisiana state court against Dr. Max Sugar and CPCLC, d/b/a CPC Coliseum Medical Center.


More Definitions of Fraudulent Breach

Fraudulent Breach shall have the meaning ascribed to such term in Section 10.1.
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Fraudulent Breach means an act committed by a Party with intent to deceive another Party and requires (a) a false representation of any material fact or matter set forth in this Agreement (including the Disclosure Schedules hereto); (b) with knowledge that, or a reckless disregard that, such representation is false; (c) with an intention to induce the Party to whom such representation is made to act or refrain from acting in reliance upon it; (d) causing that Party, justifiably relying upon such false representation, to take or refrain from taking action; and (e) causing that Party to suffer Losses.
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Fraudulent Breach means a statement contained in Article III (other than Section 3.30) or in a Schedule annexed hereto, of the existence or absence of a material fact or circumstance, which statement was one that the Buyer had no basis to believe was false at the time of Closing, that is held by a final, non-appealable order of a court of competent jurisdiction to have been a willful, intentional and knowing (as opposed to negligent) statement made with specific intent to defraud.
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Related to Fraudulent Breach

  • fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Procuring Entity, and includes collusive practices among Bidders (prior to or after bid submission) designed to establish bid prices at artificial, non-competitive levels and to deprive the Procuring Entity of the benefits of free and open competition.

  • fraudulent practices which means any act or omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation; and

  • Fraudulent Transfer Laws has the meaning set forth in Section 2.2.

  • Dishonest or Fraudulent Act means any dishonest or fraudulent act, including “larceny and embezzlement” as defined in Section 37 of the Investment Company Act of 1940, committed with the conscious manifest intent (1) to cause the Insured to sustain a loss and (2) to obtain financial benefit for the perpetrator or any other person (other than salaries, commissions, fees, bonuses, awards, profit sharing, pensions or other employee benefits). A Dishonest or Fraudulent Act does not mean or include a reckless act, a negligent act, or a grossly negligent act.

  • Fraudulent Conveyance means a fraudulent conveyance under Section 548 of Chapter 11 of Title II of the Bankruptcy Code or a fraudulent conveyance or fraudulent transfer under the applicable provisions of any fraudulent conveyance or fraudulent transfer law or similar law of any state, nation or other governmental unit, as in effect from time to time.

  • Corrupt and Fraudulent Practices means either one or any combination of the practices given below;

  • fradulent practice means a misrepresentation or omission of facts in order to influence a procurement process or the execution of contract;

  • Violent felony means any offense that, if committed by an adult, would constitute a felony and:

  • 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.

  • Repudiation/Moratorium means the occurrence of both of the following events: (i) an authorised officer of a Reference Entity or a Governmental Authority (x) disaffirms, disclaims, repudiates or rejects, in whole or in part, or challenges the validity of, one or more Obligations in an aggregate amount of not less than the Default Requirement or (y) declares or imposes a moratorium, standstill, roll-over or deferral, whether de facto or de jure, with respect to one or more Obligations in an aggregate amount of not less than the Default Requirement and (ii) a Failure to Pay, determined without regard to the Payment Requirement, or a Restructuring, determined without regard to the Default Requirement, with respect to any such Obligation occurs on or prior to the Repudiation/Moratorium Evaluation Date.

  • former Act means the Companies Act or the International Business Companies Act;

  • Violent juvenile felony means any of the delinquent acts enumerated in subsection B or C of

  • Violent crime means a forcible felony, as defined in Iowa Code section 702.11, and includes any other felony or aggravated misdemeanor which involved the actual or threatened infliction of physical or emotional injury on one or more persons.

  • Violent student means a student under the age of 21 who:

  • Violent act means behavior that resulted in homicide,

  • Misrepresentation has the meaning ascribed thereto in the Securities Act;

  • Breach of Duty means the Director or Officer breached or failed to perform his or her duties to the Corporation and his or her breach of or failure to perform those duties is determined, in accordance with Section 8.04, to constitute misconduct under Section 180.0851 (2) (a) 1, 2, 3 or 4 of the Statute.

  • Breach of Contract means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach.

  • Other health impairment means having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that:

  • PBR Act means the Plant Breeder’s Rights Xxx 0000 (Cth) as amended from time to time.

  • Intentional Breach means, with respect to any agreement or covenant of a party in this Agreement, an action or omission taken or omitted to be taken by such party in material breach of such agreement or covenant that the breaching party intentionally takes (or fails to take) with actual knowledge that such action or omission would, or would reasonably be expected to, cause such material breach of such agreement or covenant.

  • Nonviolent offense means an offense which is not a violent

  • Repudiation/Moratorium means the occurrence of both of the following events:

  • CER Act means the Canadian Energy Regulator Act (Canada), and regulations thereunder, all as amended or replaced from time to time.

  • Reckless means a situation in which the defendant was aware of the risk created by his conduct and the risk was of such a nature and degree that to disregard that risk constituted a gross deviation from the standard of care that a reasonable person would exercise in such a situation. "Reckless" includes all, or nearly all, convictions for involuntary manslaughter under 18 U.S.C. § 1112. A homicide resulting from driving a means of transportation, or similarly dangerous actions, while under the influence of alcohol or drugs ordinarily should be treated as reckless.

  • Violent criminal activity means any criminal activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage.