Primary Proceeding definition

Primary Proceeding means any threatened, pending or completed action or proceeding, whether civil, criminal, administrative or investigative, in which Director is or was a defendant, or is threatened to be made a defendant by reason of the fact that Director is or was an Agent. The term does not include an action by or in the right of KCD to obtain a judgment in KCD's favor.
Sample 1Sample 2Sample 3

Examples of Primary Proceeding in a sentence

  • Foreign firms are limited to a maximum one-third ownership stake in joint venture securities businesses.

  • Director shall give KCD (a) notice in writing as soon as possible of any claim made against Director for which indemnity will or could be sought under this Agreement and (b) such information and cooperation (including executing documents and instruments) as KCD may reasonably request in connection with any Primary Proceeding or Derivative Proceeding.

  • KCD shall indemnify Director against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with a Primary Proceeding, but only if (a) Director acted in good faith and in a manner that Director reasonably believed to be in the best interests of KCD and (b) in the case of a criminal proceeding, Director had no reasonable cause to believe that Director's conduct was unlawful.

  • To the extent that Director is successful on the merits in defense of any Primary Proceeding or Derivative Proceeding, or in defense of any claim, issue or matter in such a proceeding, KCD shall indemnify Director against expenses actually and reasonably incurred by Director in connection with it.

  • We have sought the necessary legal advice on the above matter and our solicitors are of the opinion that SRSB has a good case in defending GKCSB’s claim in the Primary Proceeding on the basis that the allegation made by GKCSB is time barred pursuant to the limitation period of two years for tort under Item 19 of the Schedule of Sarawak Limitation Ordinance.

  • B7 Material Litigation (cont’d) We had sought the necessary legal advice on the above matter and our solicitors are of the opinion that SRSB has a good case in defending GKCSB’s claim in the Primary Proceeding on the basis that the allegation made by GKCSB is time barred pursuant to the limitation period of two (2) years for tort under Item 19 of the Schedule of Sarawak Limitation Ordinance.

  • We had sought the necessary legal advice on the above matter and our solicitors are of the opinion that SRSB has a good case in defending GKCSB’s claim in the Primary Proceeding on the basis that the allegation made by GKCSB is time barred pursuant to the limitation period of two (2) years for tort under Item 19 of the Schedule of Sarawak Limitation Ordinance.

  • It is clear that the 2021 EGM Resolutions were intended to bring the Primary Proceeding to an end and to replace the Agreement with the Replacement Resort Management Agreement.

  • It follows therefore, in my view, that Waydanette as the occupier of Lot 1 is directly affected by the decision made by the strata company to bring the Primary Proceeding which was an 98 Closing submissions of the strata company filed on 28 March 2022 at para 93.

  • For the reasons which follow, the application in the Primary Proceeding is unsuccessful, the application in the Secondary Proceeding is partly successful and the application in the Tertiary Proceeding is successful.

Related to Primary Proceeding

  • Regulatory Proceeding means a request for information, civil investigative demand, or civil proceeding commenced by service of a complaint or similar proceeding brought by or on behalf of the Federal Trade Commission, Federal Communications Commission, or any federal, state, local or foreign governmental entity in such entity’s regulatory or official capacity in connection with such proceeding.

  • 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.

  • Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

  • Delinquency proceeding means a proceeding instituted against an insurer for the purpose of liquidating, rehabilitating, reorganizing or conserving the insurer, and a summary proceeding under section 507C.9 or 507C.10. “Formal delinquency proceeding” means any liquidation or rehabilitation proceeding.

  • Criminal proceeding means a proceeding instituted by means of the swearing of an information, the laying of a charge or the return of an indictment, before a Court of competent jurisdiction in Canada with jurisdiction to hear and determine the charges referred to therein, alleging or charging that the "Insured" has contravened the provisions of any Provincial or Federal statute, including the Criminal Code, R.S.C. 1985 ch. C-46 as amended, which creates an offence or crime and which provides for conviction thereunder, whether by way of summary conviction or indictment, and as a result of which the "Insured" is liable to be convicted, fined or sentenced to some form of imprisonment or other punishment.

  • Bankruptcy Proceeding means any case, action or proceeding before any court or other Governmental Authority relating to any Bankruptcy Event.

  • Proceeding means an action, claim, suit, investigation or proceeding (including, without limitation, an informal investigation or partial proceeding, such as a deposition), whether commenced or threatened.

  • ADR Proceeding means either an Arbitration or a Mediation.

  • winding-up proceedings means collective proceedings involving realisation of the assets and distribution of the proceeds among the creditors, shareholders or members as appropriate, which involve any intervention by administrative or judicial authorities, including where the collective proceedings are terminated by a composition or other analogous measure, whether or not they are founded on insolvency or are voluntary or compulsory;

  • Insolvency Proceeding means any proceeding commenced by or against any Person under any provision of the Bankruptcy Code or under any other state or federal bankruptcy or insolvency law, assignments for the benefit of creditors, formal or informal moratoria, compositions, extensions generally with creditors, or proceedings seeking reorganization, arrangement, or other similar relief.

  • Derivative proceeding means a civil suit in the right of a domestic corporation or, to the extent

  • foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation;

  • eligible proceeding means a legal proceeding or investigative action, whether current, threatened, pending or completed, in which a director, former director or alternate director of the Company (an “eligible party”) or any of the heirs and legal personal representatives of the eligible party, by reason of the eligible party being or having been a director or alternate director of the Company:

  • Insolvency or Liquidation Proceeding means, with respect to any Person, any liquidation, dissolution or winding up of such Person, or any bankruptcy, reorganization, insolvency, receivership or similar proceeding with respect to such Person, whether voluntary or involuntary.

  • criminal proceedings means criminal proceedings in relation to which the strict rules of evidence apply;

  • Bankruptcy Proceedings has the meaning set forth in clause (b) of paragraph 9 hereof.

  • CCAA Proceedings means the proceedings commenced by the Applicant under the CCAA as contemplated by the Initial Order;

  • Legal Action means and includes any claim, counterclaim, demand, action, suit, counterclaim, arbitration, inquiry, proceeding or investigation before any

  • Litigation means any action, suit or proceeding before any court, mediator, arbitrator or Governmental Authority.