Pending Litigation Matter definition

Pending Litigation Matter shall have the meaning set forth in Section 5.6.
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Pending Litigation Matter means that certain civil action captioned Casper, et al v. WESCO Distribution, Inc., No. 02-1110, United State District Court fxx xxx Xxxxxxx Xxxxxxxx xx Xxxxxxxxxxxx.
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Pending Litigation Matter means (i) Phat Fashions, LLC vs. Xxxx X. Xxxxxx, Case No. 1:2011cv20526, Florida Southern District Court, Miami, Florida, and the subsequent appeal No. 12-11798 in the United States Court of Appeals, Eleventh Judicial Circuit and (ii) Phat Fashions, LLC vs. Xxxx X. Xxxxxx, Trademark Opposition No. 91189210 filed against App. No. 77/498,589, and any investigation, prosecution, defense, negotiation, compromise or settlement relating to either of the foregoing litigation matters.
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Examples of Pending Litigation Matter in a sentence

  • As of the date no later than five (5) Business Days prior to the Closing, Seller shall provide to Purchaser (i) an update to the General Partner Interests Schedule, Limited Partnership Interest Schedule and Other Investments Schedule to reflect any changes to such schedules after the date hereof and (ii) an update regarding any Pending Litigation Matter, Legacy Arbitration or Legacy Proceeding that arises after the date hereof.

  • The foregoing provisions, including any obligation of Buyer or LicenseCo to pay the expenses associated with the Seller Parties’ cooperation, shall be subject to and limited by the obligations of the Seller Parties pursuant to the Seller Parties’ indemnification obligations relating to the Pending Litigation Matter as set forth in Section 9.2(c) below.

  • Buyer shall reasonably cooperate with Seller and its Affiliates to facilitate resolution of the Pending Litigation Matter following the Closing Date.

  • Moreover, with the exception of claims asserted in the Pending Litigation Matter there are no Actions pending regarding the ownership, management or control of LicenseCo.

  • Any Pending Litigation Matter with respect to UK Subsidiary, Korean Subsidiary or Factory Power.

  • Notwithstanding any other provision of this Agreement to the contrary and for the avoidance of doubt, (i) the defense of any Pending Litigation Matter, shall not be the responsibility of the Buyer on and after the Closing Date, except for the obligations in respect thereof set forth in this Section 9.4(e) and (ii) the obligations set forth in this Section 9.4(e) in no way limit or reduce the Seller's and DQE's indemnity obligation, in respect of any Pending Litigation Matter or otherwise.

  • The Parties further agree that Seller retains the right to control the Pending Litigation Matter and may unilaterally agree to resolve the Pending Litigation Matter upon terms acceptable to Seller alone, and without any input from Buyer except to the extent any resolution of the Pending Litigation Matter would subject Buyer, LicenseCo or their Affiliates to non-monetary penalties or restrictions, including, without limitation, restrictive covenants, injunctions or other equitable relief.

  • Without limiting the generality of the foregoing, in the event the Pending Litigation Matter results in a judgment relating to (i) the counterclaims; or (ii) any attorneys’ fees previously paid by Seller or its Affiliates prior to the Closing Date, any payments thereof shall be promptly remitted by Buyer to Seller, subject to Buyer’s right to share in the recovery of fees paid by Buyer or its Affiliates in connection with the Pending Litigation Matter.

  • EXECUTIVE SESSION:Add two (2) Personnel Matters and a Pending Litigation Matter.

  • Request for Authorization to Extend Outside Counsel Services with the Law Firm of Colantuono, Highsmith & Whatley, PC for the Pending Litigation Matter City of San Buenaventura v.


More Definitions of Pending Litigation Matter

Pending Litigation Matter means the matter submitted to arbitration pursuant to Order No. 434447 entered by the Hxxxxxxxx Xxxxxx Xxxxxxxxxx of the Judicial District of Hartford’s Connecticut Superior Court, and all matters proceeding and subsequent to such arbitration related to the same, before the American Arbitration Association by claimants and counter-respondents US FuelCell Corporation, Jiangsu Dewei Advanced Materials Co., Ltd., Hong Kong Dewei Advanced Materials International Trading Co., and Dewei Mingxing New Energy Technology Co., Limited, on the one hand, and respondents and counter-claimants Dx. Xxxxxxxx and US Hybrid Corporation, on the other hand, with respect to disputed claims arising from and related to certain operative agreements.
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Related to Pending Litigation Matter

  • Pending Litigation means a proceeding in a court of law whose activity is in progress but not yet completed.

  • Transaction Litigation has the meaning set forth in Section 5.2(d).

  • Threatened litigation as used herein shall include governmental investigations and civil investigative demands. “Litigation” as used herein shall include administrative enforcement actions brought by governmental agencies. The Grantee must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, “material” refers, but is not limited, to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Grant Agreement or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the Xxxxxxx’s financial condition.

  • Unresolved Claims has the meaning set forth in Section 7.6(c).

  • Unresolved Claim means a Claim, which at the relevant time, in whole or in part: (a) has not been Finally Determined to be a Proven Claim in accordance with the Amended Claims Procedure Order and this Plan; (b) is validly disputed in accordance with the Amended Claims Procedure Order; and/or (c) remains subject to review and for which a Notice of Allowance or Notice of Revision or Disallowance (each as defined in the Amended Claims Procedure Order) has not been issued to the Creditor in accordance with the Amended Claims Procedure Order as at the date of this Plan, in each of the foregoing clauses, including both as to proof and/or quantum;

  • Disclosed Litigation has the meaning specified in Section 3.01(b).

  • 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.

  • dispute resolution proceeding ’ means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate;

  • Material Litigation means any litigation that, according to

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

  • Pending Claims shall have the meaning set forth in Section 7.1(e).

  • foreign matter means anything that is not part of the cotton plant.

  • Environmental Matter means any past, present or future activity, event or circumstance in respect of the environment, health or safety including the Release of any Hazardous Substance including any substance which is hazardous to Persons, animals, plants, or which has a detrimental effect on the soil, air or water, or the generation, treatment, storage, use, manufacture, holding, collection, processing, treatment, presence, transportation or disposal of any Hazardous Substances.

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

  • Pending Claim has the meaning set forth in Section 9.6 hereof.

  • Specified Matter means any Amendment of a Portfolio Investment that (a) reduces the principal amount of such Portfolio Investment, (b) reduces the rate of interest payable on such Portfolio Investment, (c) postpones the due date of any scheduled payment or distribution in respect of such Portfolio Investment, (d) alters the pro rata allocation or sharing of payments or distributions required by any related underlying instrument in a manner adverse to the Company, (e) releases any material guarantor of such Portfolio Investment from its obligations, (f) terminates or releases any lien on a material portion on the collateral securing such Portfolio Investment, (g) changes any of the provisions of any such underlying instrument specifying the number or percentage of lenders required to effect any of the foregoing or (h) materially changes any financial maintenance covenant.

  • Alternative dispute resolution means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. The form of alternative dispute resolution chosen pursuant to this article may be binding or nonbinding, with the voluntary consent of the parties.

  • JT No-Action Letters means SMC Capital, Inc., SEC No-Action Letter (pub. avail. Sept. 5, 1995) and Massachusetts Mutual Life Insurance Company, SEC No-Action Letter (pub. avail. June 7, 2000).

  • Adverse Proceeding means any action, suit, proceeding (whether administrative, judicial or otherwise), governmental investigation or arbitration (whether or not purportedly on behalf of any Credit Party or any of its Subsidiaries) at law or in equity, or before or by any Governmental Authority, whether pending, threatened in writing against any Credit Party or any of its Subsidiaries or any material property of any Credit Party or any of its Subsidiaries.

  • Environmental Claims means all claims, however asserted, by any Governmental Authority or other Person alleging potential liability or responsibility for violation of any Environmental Law, or for release or injury to the environment.

  • 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).

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

  • Dispute Resolution Process means the process described in clause 9

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

  • Claims Bar Date Order means that certain order entered by the Bankruptcy Court establishing the Claims Bar Date.

  • Infringement Claim has the meaning set forth in Section 8.2(a).