Limitation Defence definition

Limitation Defence means any defence or argument based on statute of limitations (verjaring), prescription, limitation, time bar, laches, delay or any similar principle in connection with any MPC Relevant Claim in any jurisdiction that is filed on or before the Bar Date in accordance with this SIHNV Composition Plan.
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Limitation Defence has the meaning given to that term at Clause 2.4.2(a) (Standstill Period).
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Limitation Defence means a defence under this Act.
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Examples of Limitation Defence in a sentence

  • Based on what was set out in the Reasons for the Award and the materials before the Tribunal, it cannot be said that it is plain and obvious, or beyond any doubt, that the Award would have been the same, if the Limitation Defence had been considered (Brunswick Bowling & Billiards Corp v Shanghai Zhonglu Industrial Co Ltd [2011] 1 HKLRD 707; Paklito Investment Ltd v Kolckner East Asia Ltd [1993] 2HKLR 49).

  • The Limitation Defence is a material point and issue which could have rendered the Award materially different, and the failure to consider it, or to explain the dismissal of the Limitation Defence, results in unfairness to A, as well as a real risk of injustice and prejudice to its case.

  • Having carefully considered the Award, I have to agree that the parties are entitled to query whether the Limitation Defence had been considered at all by the Arbitrator, and if rejected by the Arbitrator after due consideration, why it was rejected.

  • SIHNV and SRF will not raise any Limitation Defence that relies on time running commencing on any moment in time until the Bar Date, to the extent the relevant MPC Relevant Claim was validly filed on or before the Bar Date.

  • Even if the Arbitrator finds in favor of B on all its claims of A’s inability and failure to deliver the Products in compliance with the Relevant Standards and conforming to the contractual specifications, and A’s failure to develop the Products pursuant to its contractual obligations, B’s action against A and its claims for remedies in the Arbitration will fail, if the Limitation Defence succeeds.

  • It is, S however, correct to say that however strong the merits of B’s claims are ST T U U B against A for breach of the Agreement, such claims inevitably fail and B C stand to be dismissed if the Limitation Defence succeeds.

  • B only contends that the Limitation Defence hadG been implicitly dealt with, and that the reasons for its dismissal can be Ginferred or understood from the Award when it is read in its context, andH Has a whole.I I J The applicable legal principles J7.

  • No party will object to another joining any additional party to the proceedings by using any Limitation Defence that relies on time running during the Period.

  • The parties do not take issue that the relevant clause reliedR upon in the Limitation Defence (paragraph 7.5 of the standard terms and R S conditions of sale (“Paragraph 7.5”)) was incorporated into and formed Spart of the Agreement.

  • TheJ Jgrounds relied upon by A are that the Arbitrator had failed to deal with aK defence relied upon by A in the Arbitration, that the claims made by B Kwere time-barred under the express provisions of the AgreementL L(“Limitation Defence”), and had failed to give any reasons for itsM rejection of the Limitation Defence.

Related to Limitation Defence

  • Limitation Period means any period while any amount remains owing on the Note and interest on such amount calculated at the Floating Rate, plus any fees payable hereunder and deemed to be interest under applicable law, would exceed the Maximum Rate.

  • Qualification Defect With respect to a Mortgage Loan, (a) a defective document in the Mortgage File, (b) the absence of a document in the Mortgage File, or (c) the breach of any representation, warranty or covenant with respect to the Mortgage Loan made by the Company, but, in each case, only if the affected Mortgage Loan would cease to qualify as a “qualified mortgage” for purposes of the REMIC Provisions.

  • Registration Default Damages shall have the meaning set forth in Section 8 hereof.

  • Registration Default As defined in Section 5 hereof.

  • Construction defect means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or observation of construction or construction of residential improvements that results from any of the following:

  • Registration Default Period shall have the meaning assigned thereto in Section 2(c).

  • Non-default Rate means a rate per annum equal to the cost (without proof or evidence of any actual cost) to the Non-defaulting Party (as certified by it) if it were to fund the relevant amount.

  • Time Period means the Term and the twenty-four-month period next following the expiration of the Term.

  • Equitable Defenses means any bankruptcy, insolvency, reorganization or other Laws affecting creditors’ rights generally and, with regard to equitable remedies, the discretion of the court before which proceedings may be pending to obtain same.

  • Two-year claim limitation means no benefit is payable for any claim submitted two years or more from the date of admission or service provision.

  • Modification Default Loss means the loss calculated in Exhibits 2a(1)-(3) for single family loans previously modified pursuant to this Single Family Shared-Loss Agreement that subsequently default and result in a foreclosure, short sale or Deficient Loss.

  • Contribution Period means the period specified in Article VI for which Employer Contributions shall be made.

  • Resale Damages means, with respect to any Rejected Purchase, an amount equal to (a) the positive net amount, if any, by which the applicable Price that would have been paid pursuant to Section 5.1 hereof for such Rejected Purchase, had it been accepted, exceeds the Resale Price multiplied by the quantity of that Rejected Purchase, plus (b) any applicable penalties assessed by ISO-NE or any other Person against Seller as a result of Buyer’s failure to accept such Products. Seller shall provide a written statement explaining in reasonable detail the calculation of any Resale Damages.

  • Limitation Date means the first of March 20, June 20, September 20 or December 20 in any year to occur on or immediately following the date that is one of the following numbers of years after the Restructuring Date: 2.5 years (the "2.5-year Limitation Date"), 5 years, 7.5 years, 10 years (the "10- year Limitation Date"), 12.5 years, 15 years, or 20 years, as applicable. Limitation Dates shall not be subject to adjustment in accordance with any Business Day Convention.

  • Influencing or attempting to influ- ence means making, with the intent to influence, any communication to or ap- pearance before an officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

  • Elimination Period means the period of 6 months beginning on the date You become Disabled.

  • Non-Defaulting Party has the meaning specified in Section 6(a).

  • Contribution in aid of construction, as used in this subrule, means a nonrefundable cash payment grossed-up for the income tax effect of such revenue covering the costs of a distribution main extension or service line that are in excess of costs paid by the utility. The amount of tax shall be reduced by the present value of the tax benefits to be obtained by depreciating the property in determining the tax liability.

  • Deferral Period has the meaning set forth in Section 3(h) hereof.

  • Cumulation Period means the period from, and including, the first RFR Banking Day of that Interest Period to, and including, that Cumulated RFR Banking Day;

  • Matching Period has the meaning specified in Section 5.4(1)(e).

  • Deferral Percentage means the percentage (which, unless the Administrator, in his or her sole discretion, determines otherwise, shall be in whole percentage increments and not more than 90%) specified by the Participant to be the percentage of each payment of Compensation he or she wishes to defer under the Plan.

  • Irregularity in testing security means an act or omission that tends to corrupt or impair the security of an examination, including, without limitation:

  • Defects Notification Period means the period for notifying defects in the Works or a Section (as the case may be) under Sub-Clause 11.1 [Completion of Outstanding Work and Remedying Defects], which extends over 365 days except if otherwise stated in the SCC (with any extension under Sub-Clause 11.3 [Extension of Defects Notification Period]), calculated from the date on which the Works or Section is completed as certified under Sub-Clause 10.1[Taking Over of the Works and Sections].

  • Forfeiture Period means the period from the Grant Date until the Forfeiture Date.

  • Non-Defaulting Member means a Member who is not a Defaulting Member.