Specified Legal Proceedings definition

Specified Legal Proceedings has the meaning set out in Schedule 11;
Specified Legal Proceedings means (a) the pending Legal Proceedings in Quebec, Ontario and British Columbia courts on behalf of Purchasers of wallboard in Canada related to allegations of price fixing, (b) the pending Legal Proceedings filed in the United States District Court for the Northern District of California and transferred to the United States District Court for the Eastern District of Pennsylvania on behalf of twelve homebuilders asserting individual claims related to allegations of price fixing, captioned Xxxxxx Xxxxx Holdings, L.L.C., et al. v. USG Corporation, et al., MDL No. 2437 13-MD-2437, (c) the Legal Proceedings in the United States District Court for the Western District of North Carolina on behalf of the U.S. Department of Justice, Antitrust Division related to a gypsum drywall grand jury investigation, (d) Legal Proceedings relating to drywall manufactured in China and distributed by L&W prior to the Closing Date, (e) any future Legal Proceedings arising out of substantially similar facts and circumstances as the foregoing, and (f) any pending and future Legal Proceedings alleging violations of antitrust or price-fixing Laws, or unfair competition Laws substantially similar to such Laws, in each case for clauses (a) – (f), to the extent arising from acts, omissions or events occurring prior to the Closing.
Specified Legal Proceedings has the meaning given in Section 9.1.4.

Examples of Specified Legal Proceedings in a sentence

  • At the Closing, Seller will cause any reserves on the books of the Acquired Companies for the Specified Legal Proceedings or the matters identified on Schedule 8.2(d) to be reduced to zero.

  • Except with respect to the Specified Legal Proceedings, all Liabilities in connection with any Legal Proceeding against the Seller or its Affiliates to the extent related to or arising out of the Business or any Acquired Asset (including in connection with any indemnification, warranty or other obligation under any Assumed Contract), whether arising on, prior to or after the Closing Date.

  • Notwithstanding the foregoing or anything to the contrary in this Agreement, the Seller and its Affiliates (other than the Acquired Companies) will have the right and the obligation, to control the defense (including the selection of counsel in its reasonable discretion (consistent with the Seller’s historic practices with respect to the 48 retention of counsel in such matters) of any Specified Legal Proceedings).

  • Additionally, without limiting the generality of the foregoing, nothing contained in this Section 8.4 will limit the Seller’s rights contained in Section 10.3 with respect to the Specified Legal Proceedings and each of the matters set forth in Schedule 8.2(d).


More Definitions of Specified Legal Proceedings

Specified Legal Proceedings means (a) the pending Legal Proceedings in Quebec, Ontario and British Columbia courts on behalf of Purchasers of wallboard in Canada related to allegations of price fixing, (b) the pending Legal Proceedings filed in the United States District Court for the Northern District of California and transferred to the United States District Court for the Eastern District of Pennsylvania on behalf of twelve homebuilders asserting individual claims related to allegations of price fixing, captioned Ashton Woods Holdings, L.L.C., et al. v. USG Corporation, et al., MDL No. 2437 13-MD-2437, (c) the Legal Proceedings in the United States District Court for the Western District of North Carolina on behalf of the U.S. Department of Justice, Antitrust Division related to a gypsum drywall grand jury investigation, (d) Legal Proceedings relating to drywall manufactured in China and distributed by L&W prior to the Closing Date, (e) any future Legal Proceedings arising out of substantially similar facts and circumstances as the foregoing, and (f) any pending and future Legal Proceedings alleging violations of antitrust or price-fixing Laws, or unfair competition Laws substantially similar to such Laws, in each case for clauses (a) – (f), to the extent arising from acts, omissions or events occurring prior to the Closing.

Related to Specified Legal Proceedings

  • Legal Proceedings means any judicial, administrative or arbitral actions, suits, proceedings (public or private) or governmental proceedings.

  • Informal proceedings means proceedings for probate of a will or appointment of a personal representative conducted by the probate register without notice to interested persons.

  • Legal Proceeding means any action, suit, litigation, arbitration, proceeding (including any civil, criminal, administrative, investigative or appellate proceeding), hearing, inquiry, audit, examination or investigation commenced, brought, conducted or heard by or before, or otherwise involving, any court or other Governmental Body or any arbitrator or arbitration panel.

  • Formal proceedings means proceedings conducted before a judge with notice to interested persons.

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

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

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

  • ADR Proceeding means either an Arbitration or a Mediation.

  • Adjudicatory proceeding means a contested case, a proceeding that may culminate in a contested case, a petition for declaratory order, a petition for expedited resolution of a negotiability dispute, or any other proceeding which may require the board or its designee to issue a decision, order, or ruling.

  • Adjudicative proceeding means the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.

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

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

  • Proceedings means all litigations (civil and criminal), arbitrations, administrative proceedings, investigations, suits, claims or charges.

  • Environmental Proceedings means any judicial or administrative proceedings arising from or in any way associated with any Environmental Requirement.

  • relevant proceedings means proceedings for contempt of court or proceedings under Schedule 2 to the Anti-social Behaviour, Crime and Policing Act 2014;

  • Action or Proceeding means any lawsuit, proceeding, arbitration or other alternative resolution process, Governmental Authority investigation hearing, audit, appeal, administrative proceeding or judicial 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.

  • 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.

  • Specified Courts is defined in Section 6.9.

  • Actions or Proceedings means any action, suit, proceeding, arbitration or Governmental or Regulatory Authority investigation or audit.

  • Official proceeding means any proceeding before a legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath and includes any proceeding before a referee, hearing examiner, commissioner, notary, or other person taking testimony or a deposition in connection with an official proceeding.

  • Legal Process means an information disclosure request made under law, governmental regulation, court order, subpoena, warrant, or other valid legal authority, legal procedure, or similar process.

  • 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.

  • Alternate Judgment means a form of final judgment that may be entered by the Court herein but in a form other than the form of Judgment provided for in this Stipulation.

  • Selected Courts has the meaning set forth in Section 4.07.

  • 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;