Litigating Tribe definition

Litigating Tribe means a Tribe (or Tribe official asserting the right of or for the Tribe to recover for Alleged Xxxxx to the Tribe and/or its members thereof) that (i) is identified on Exhibit A-1, or (ii) has brought any Released Claims against any Released Entities.
Sample 1Sample 2Sample 3

Examples of Litigating Tribe in a sentence

  • A Litigating Tribe that has not become a Participating Tribe at the time of such distribution, and the provisions of Section IV.E.2 shall apply with respect to such Litigating Tribe.

  • A Litigating Tribe that has not become a Participating Tribe at the time of such distribution, and the provisions of Section IV.E.1 shall apply with respect to such Litigating Tribe.

  • A Litigating Tribe may not become a Participating Tribe after the completion of opening statements in a trial of the lawsuit it brought that includes a Released Claim against a Released Entity.

  • If there has been no adverse judgment or ruling against any Released Entity in a lawsuit initiated by a Later Litigating Tribe, such Later Litigating Tribe may become a Participating Tribe by, within forty-five (45) calendar days of filing suit, filing a dismissal with prejudice of its lawsuit and uploading a properly executed Tribal Settlement Participation Form to the Portal.

  • A Later Litigating Tribe may not become a Participating Tribe after the completion of opening statements in a trial of the lawsuit it brought that includes a Released Claim against a Released Entity.

  • Each Litigating Tribe and each Later Litigating Tribe that has submitted a Participation Form shall promptly provide, either directly or through its counsel, a dismissal with prejudice of all Released Claims by that Tribe against all Released Entities.

  • A Litigating Tribe that has not become a Participating Tribe at the time of such distribution, and the provisions of Section VI shall apply with respect to such Litigating Tribe.

  • Plaintiffs’ Lead Counsel and Plaintiffs’ Steering Committee 18 Tribal Representative shall provide notice of this settlement to each Non-Litigating Tribe, and to 19 counsel of record to each Litigating Tribe, and shall assist any Tribe in submitting its 20 participation agreement.

  • The offset shall be based upon the Final Tribal Allocation Distribution Percentages assigned to (i) a Non-Participating Litigating Tribe that either affirmatively opts-out of this Agreement or does not become a Participating Tribe within one (1) year of the Effective Date, or (ii) a Later Litigating Tribe that fails to follow the requirements set forth in Section V.E.1.

  • Pursuant to Section IV.B, Settling Distributors shall receive a dollar-for-dollar offset based on the Final Tribal Allocation Distribution Percentages assigned to a Non-Participating Litigating Tribe that either affirmatively opts-out of this Agreement or does not become a Participating Tribes within one (1) year of the Effective Date.

Related to Litigating Tribe

  • Initiating tribunal means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.

  • Litigation means any lawsuit, action, arbitration, administrative or other proceeding, criminal prosecution or governmental investigation or inquiry.

  • Litigation Claims means the claims, rights of action, suits or proceedings, whether in law or in equity, whether known or unknown, that any Debtor or any Estate may hold against any Person or Entity, including, without limitation, the Causes of Action of the Debtors or their Estates, in each case solely to the extent of the Debtors’ or their Estates’ interest therein. A non-exclusive list of the Litigation Claims held by the Debtors as of the Effective Date will be Filed with the Plan Supplement, which will be deemed to include any derivative actions filed against any Debtor as of the Effective Date.

  • Patent Prosecution means the responsibility and authority for (a) preparing, filing and prosecuting applications (of all types) for any Patent, (b) paying, filing and maintenance fees relating to any Patent, (c) managing any interference, opposition, re-issue, reexamination, revocation, nullification, or cancellation proceeding relating to the foregoing, (d) deciding to abandon Patent(s) and (e) settling any interference, opposition, revocation, nullification or cancellation proceeding.

  • Resolve and the correlative terms, “Resolved”, “Resolving” and “Resolution” each means that the Services are restored to a point where the Customer can perform their job. In some cases, this may only be a work around solution until the root cause of the Error or Unplanned Disruption is identified and corrected (the need for restoration of normal service supersedes the need to find the root cause of the incident).

  • Investigating Committee means any Officer/Committee appointed by Competent Authority to conduct investigation.

  • Settling Defendant s Property” shall mean all portions of the Site owned by Settling Defendant as of the date of signature of the Consent Decree by Settling Defendant.

  • Third Party Claim has the meaning set forth in Section 8.3.

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Third party claimant means any individual, corporation, association, partnership, or other legal entity asserting a claim against any individual, corporation, association, partnership, or other legal entity insured under an insurance policy or insurance contract.

  • third party proceeding means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, other than an action by or in the right of the corporation.

  • Tax Contest means an audit, review, examination, or any other administrative or judicial proceeding with the purpose or effect of redetermining Taxes (including any administrative or judicial review of any claim for refund).

  • Settling Defendants means Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson, as well as their subsidiaries, affiliates, officers, and directors named in a National Settlement Agreement.

  • Agreement Disputes shall have the meaning set forth in Section 10.1.

  • Causes of Action means any action, claim, Claim, cause of action, controversy, demand, right, action, Lien, indemnity, Interest, guaranty, suit, obligation, liability, damage, judgment, account, defense, offset, power, privilege, license, and franchise of any kind or character whatsoever, whether known, unknown, contingent or non-contingent, matured or unmatured, suspected or unsuspected, liquidated or unliquidated, disputed or undisputed, secured or unsecured, assertable directly or derivatively, whether arising before, on, or after the Petition Date, in contract or in tort, in law, or in equity or pursuant to any other theory of law. For the avoidance of doubt, “Cause of Action” includes: (a) any right of setoff, counterclaim, or recoupment and any claim for breach of contract or for breach of duties imposed by law or in equity; (b) the right to object to Claims or Interests; (c) any Claim pursuant to section 362 or chapter 5 of the Bankruptcy Code; (d) any claim or defense including fraud, mistake, duress, and usury; and any other defenses set forth in section 558 of the Bankruptcy Code; and (e) any state or foreign law fraudulent transfer or similar claim.

  • Prosecution means, with respect to a Patent, preparing, filing, prosecuting and maintaining such Patent, including any interference and opposition proceedings, reissue, post-grant reviews, inter partes review, re-examination and applications for patent term extensions, and all appeals or petitions to any agency, board or court related to any of the foregoing. When used as a verb, “Prosecute” means to engage in Prosecution.

  • Tax Matter has the meaning set forth in Section 7.01.

  • Prosecute and Maintain means, with regard to a Patent Right, the preparing, filing, prosecuting and maintenance of such Patent Right, as well as handling re-examinations, reissues, and requests for patent term extensions with respect to such Patent Right, together with the conduct of interferences, the defense of oppositions and other similar proceedings with respect to the particular Patent Right. For clarification, “Prosecution and Maintenance” or “Prosecute and Maintain” will not include any other enforcement actions taken with respect to a Patent Right.

  • Tax Proceeding has the meaning set forth in Section 5.2(a).

  • Third Party Infringement has the meaning set forth in Section 5.1.

  • Lawsuit means any lawsuit, arbitration or other dispute resolution filed by either party herein pertaining to any of this Warrant, the Facility Agreement and the Registration Rights Agreement.

  • civil proceedings means any proceedings in or before any court or tribunal that are not criminal proceedings;

  • Joint Remediation Committee has the meaning set forth in Section II.A.2.

  • Third Party Infringement Claim has the meaning set forth in Section 23.5.1.

  • Joint Patent Rights means Patent Rights that contain one or more claims that cover Joint Technology.

  • Litigation Trust means the trust to be established on the Plan Implementation Date at the time specified in section 6.4(p) in accordance with the Litigation Trust Agreement pursuant to the laws of a jurisdiction that is acceptable to SFC and the Initial Consenting Noteholders, which trust will acquire the Litigation Trust Claims and will be funded with the Litigation Funding Amount in accordance with the Plan and the Litigation Trust Agreement.