New Facts definition

New Facts has the meaning set forth in Section 10.4(c).
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New Facts means facts that have not been previously submitted in the proceeding. Reasserting previously stated facts or resubmitting previously provided evidence does not constitute “new facts.” Also, the new facts must be relevant to the issues raised on motion.
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New Facts has the meaning specified in Section 7.2(f).
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Examples of New Facts in a sentence

  • New Facts need to be bound to a variable and have a column heading specified.

  • In the event that such New Facts or other variance(s) could reasonably be expected to have a Material Adverse Effect on the Acquired Companies and if a Termination Notice has been given as provided herein, this Agreement shall forthwith become null and void, and there shall be no liability or obligation whatsoever on the part of any party hereto.

  • If any amendment made pursuant to this Section 13.11 discloses New Facts which result from the conduct of the EMG Business as permitted by Sections 7.1 or 7.2 of this Agreement, or which is an event that is deemed not to have a Material Adverse Effect pursuant to the proviso to the definition of such term, then without any further action by Buyer the Schedules, as so amended, will be deemed to have amended for all purposes of this Agreement, including Section 9.3(a) and Section 10.2(a).

  • Between the date of this Agreement and the Closing Date, the Company will also promptly notify Buyer in writing if the Company or any Acquired Company becomes aware of any fact or condition hereafter arising ("New Facts") which, if existing or occurring at the date of this Agreement, would have been required to be set forth in a disclosure Schedule in the form of a "Revised Schedule" delivered to the Buyer.

  • If any amendment delivered by Sellers pursuant to this Section 13.11 discloses New Facts other than those described in the preceding sentence, then the Schedules will be deemed to have been amended for the purposes of this Agreement only if and to the extent Buyer approves such amendment in writing.

  • Since YΓ is not a manifold but rather an orbifold, we need to work with equivariant (co)homology.

  • In the event that such New Facts or other variance(s) could reasonably be expected to have a Material Adverse Effect on the Acquired Companies, the Buyer may deliver to the Company a notice setting forth in reasonable detail the basis for such conclusion and its election to terminate its obligations under this Agreement (the "Termination Notice") no later than 5:00 p.m. Eastern Standard Time on the tenth calendar day following the Disclosure Date.

  • No delay in or failure to give a notice of New Facts by the Indemnified Party to the Indemnifying Party shall adversely affect any of the other rights or remedies that the Indemnified Party has under this Agreement, or alter or relieve the Indemnifying Party of its obligations to indemnify the Indemnified Party, except to the extent that the Indemnifying Party is materially prejudiced by such delay or failure.

  • The Indemnifying Party shall have forty-five (45) days after receipt of a Notice of Claim or fifteen (15) days after of receipt of any New Facts to notify the Injured Party (a) whether or not it disputes its liability to the Injured Party with respect to such Notice of Claim and (b) whether it elects to defend a Third Party Claim pursuant to Section 9.4 (the “Indemnifying Party Defense Review Period”).

  • Corruption in Procurement: New Facts from Italian Government Contracting.


More Definitions of New Facts

New Facts shall have the meaning as set forth in SECTION 5.07 hereof.
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Related to New Facts

  • Material Facts shall have the meaning set forth in Section 2.3.6(a).

  • Commercially Sensitive Information Schedule means the Schedule containing a list of the Commercially Sensitive Information.

  • Acquisition Inquiry means an inquiry, indication of interest or request for information (other than an inquiry, indication of interest or request for information made or submitted by Parent) that could reasonably be expected to lead to an Acquisition Proposal.

  • Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

  • material fact has the meaning ascribed thereto in the Securities Act;

  • Covered Disclosure Information shall have the meaning set forth in Section 9.2(b) hereof.

  • preliminary inquiry or "intake" means a mandatory, preadjudicatory interview of the juvenile and, if available, the parents, legal guardian, or other custodian of the juvenile, which is performed by a duly authorized individual to determine whether a juvenile comes within the purview of the Oklahoma Juvenile Code, whether nonadjudicatory alternatives are available and appropriate, and if the filing of a petition is necessary;

  • Form 8-K Disclosure Information As defined in Section 11.07.

  • Commercially Sensitive Information means the Information (i) listed in the Commercially Sensitive Information Schedule; or (ii) notified to the Authority in writing (prior to the commencement of this Contract) which has been clearly marked as Commercially Sensitive Information comprised of information:

  • Price Sensitive Information means any information which relates, directly or indirectly, to a company and which if published is likely to materially affect the price of securities of the company.

  • Fungi means any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by-products produced or released by fungi.

  • Matter is a claim, a material issue or a substantial request for relief.

  • Closing Date Transactions means, collectively (a) the funding of the Loans on the Closing Date and the execution and delivery of Loan Documents to be entered into on the Closing Date, (b) the Debt Proceeds Transfer, and (c) the payment of Closing Date Transaction Expenses.

  • Asbestos-containing material or “ACM” means asbestos or any material containing more than one percent (1%) asbestos as determined using methods specified in 40 CFR 763, Subpart E, Appendix E, Section I, Polarized Light Microscopy* including Category I and Category II ACM and all friable material.

  • Intimidating, threatening, abusive, or harming conduct means, but is not limited to, conduct that does the following:

  • Disclosure Information As defined in the Pooling and Servicing Agreement.

  • DXC Sensitive Information means DXC Confidential Information, Intellectual Property, PHI, DXC Customer data, and Personal Information.

  • Limited Conditionality Acquisition means any Acquisition that (a) is not prohibited hereunder, (b) is financed in whole or in part with a substantially concurrent incurrence of Indebtedness, and (c) is not conditioned on the availability of, or on obtaining, third-party financing.

  • Investigative information means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.

  • Closing Dates means the Initial Closing Date and each Subsequent Closing Date.

  • Specified Merger Agreement Representations means such of the representations and warranties made with respect to the Company and its Subsidiaries by the Company in the Merger Agreement to the extent a breach of such representations and warranties is material to the interests of the Lenders.

  • Closing Press Release has the meaning set forth in Section 5.4(b).

  • Mold means mold, fungus, microbial contamination or pathogenic organisms.

  • Closing Transactions has the meaning set forth in Section 11.8(a) of these Bylaws.

  • Company Representations means the representations and warranties of the Company expressly and specifically set forth in Article IV of this Agreement, as qualified by the Schedules. For the avoidance of doubt, the Company Representations are solely made by the Company.

  • Fungus means any type or form of fungus, including mold or mildew, and any mycotoxins, spores, scents or by-products produced or released by fungi.