Underlying Actions definition

Underlying Actions means those actions listed in the First Amended Complaint for the Declaratory Judgment Action at paragraphs 22 through 26.
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Underlying Actions means Xxxxxx x. Nissan North America, Inc., Case No. 3:17- cv-01114 (M.D. Tenn.) and Xxxxxx v. Nissan North America, Inc., Case No. 1:17-cv-04240 (N.D. Ill.).
Sample 1

Examples of Underlying Actions in a sentence

  • NNA denies and continues to deny (a) each and all of the claims alleged by Plaintiffs in the Underlying Actions, and (b) all allegations that anyone suffered damage or was otherwise injured or harmed in any way by the conduct alleged in the Underlying Actions.

  • The certification of the Settlement Class, and the appointment of Class Counsel for settlement purposes only under this Agreement, shall not constitute in the Underlying Actions or any other proceeding, an admission by NNA of any kind or a determination that certification of a class or subclass for trial purposes is appropriate or proper, or that appointment of Class Counsel for trial purposes is appropriate or proper.

  • Any Settlement Class Member who fails to comply with Section 6 above shall waive and forfeit any and all rights he or she may have to appear separately and/or to object, and shall be bound by all the terms of this Agreement and by all proceedings, orders, and judgment, including, but not limited to, the Released Claims and the Final Approval Order in the Underlying Actions.

  • Class Counsel (and any affiliate counsel) shall not issue a press release or hold a press conference to discuss this Agreement (or information learned in the Underlying Actions).

  • Any and all benefits under the Settlement set forth herein are contingent upon the Court entering a Final Approval Order in the Underlying Actions.

  • Upon the entry of the Final Approval Order, the Plaintiffs’ claims in the Underlying Actions shall be dismissed with prejudice.

  • If, for any reason, this Agreement is terminated or fails to become effective, then the Parties shall be deemed to have reverted to their respective status in the Underlying Actions before the Agreement was signed, and the Parties shall proceed in all respects as if this Agreement and any related orders had not been entered.

  • Without conceding any infirmity in the denials or defenses NNA asserted or intended to assert in the Underlying Actions, NNA states that it is in its best interests that the Underlying Actions be dismissed in the manner and upon the terms and conditions set forth herein to avoid the expense and inconvenience of further legal proceedings and to resolve the claims asserted by Plaintiffs individually and on behalf of the Settlement Class.

  • Excluded from the Settlement Class are: NNA; any entity that is a subsidiary of or is controlled by NNA; anyone employed by Class Counsel; any judge to whom the Underlying Actions are assigned, his or her spouse, and members of the judge’s staff.

  • Subject to the foregoing, Class Counsel may refer to the Underlying Actions for the purposes of establishing their experience handling litigation on a class basis.

Related to Underlying Actions

  • Related Transactions means the initial borrowing under the Revolving Loan on the Closing Date, the Refinancing, the payment of all fees, costs and expenses associated with all of the foregoing and the execution and delivery of all of the Related Transactions Documents.

  • Additional Purchased Assets shall have the meaning set forth in Subsection 3(a).

  • Derivative Transactions means any swap transaction, option, warrant, forward purchase or sale transaction, futures transaction, cap transaction, floor transaction or collar transaction relating to one or more currencies, commodities, bonds, equity securities, loans, interest rates, prices, values, or other financial or non-financial assets, credit-related events or conditions or any indexes, or any other similar transaction or combination of any of these transactions, including any collateralized debt or equity instruments evidencing or embedding any such types of transactions, and any related credit support, collateral or other similar arrangements related to such transactions.

  • Purchase Transaction means a purchase of scrap metal, or the purchase of property described in section 10 if the knowing purchase or offer to purchase that property is not prohibited by that section, by a scrap metal dealer. The term does not include any of the following:

  • Related Transactions Documents means the Loan Documents and all other agreements or instruments executed in connection with the Related Transactions.

  • repurchase transaction means a transaction governed by an agreement by which a counterparty transfers securities or guaranteed rights relating to title to securities where that guarantee is issued by a recognised exchange which holds the rights to the securities and the agreement does not allow a counterparty to transfer or pledge a particular security to more than one counterparty at a time, subject to a commitment to repurchase them, or substituted securities of the same description at a specified price on a future date specified, or to be specified, by the transferor, being a repurchase agreement for the counterparty selling the securities and a reverse repurchase agreement for the counterparty buying them;

  • Additional Purchased Securities Securities provided by Seller to Buyer pursuant to Paragraph 4(a) hereof;

  • Failed Transactions is the set of all requests within Total Transaction Attempts that do not return a Success Code within 30 seconds from Microsoft’s receipt of the request.

  • Additional Secured Parties means any Additional Agents and any Additional Creditors.

  • Regulatory Action means an administrative, regulatory, or judicial enforcement action, proceeding, investigation or inspection, FDA Form 483 notice of inspectional observation, warning letter, untitled letter, other notice of violation letter, recall, seizure, Section 305 notice or other similar written communication, injunction or consent decree, issued by the FDA or a federal or state court.

  • Securities Financing Transactions Regulation means Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012;

  • Transaction Size means Lot Size multiplied by number of Lots.

  • Personal Securities Transactions means any transaction in a Security pursuant to which an Access Person would have a Beneficial Ownership interest with the exception of obligations of the U.S. Government, bankers’ acceptances, bank certificates of deposit, money market fund shares, commercial paper, high quality short-term debt instruments and registered open-end investment companies, none of which are funds advised or sub-advised by the Firm.

  • Transaction Data means observable prices, rates, indices or values representing transactions between unaffiliated counterparties in an active market subject to competitive supply and demand forces;

  • 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.

  • Contemplated Transactions all of the transactions contemplated by this Agreement, including:

  • Related Security means, with respect to any Receivable:

  • Purchased Items shall have the meaning assigned thereto in Section 8 hereof.

  • Additional Purchase Price has the meaning provided in Section 1.2(b).

  • Excluded Transactions means:

  • Transaction Tax Deductions means any Tax deductions relating to (i) any pay down or satisfaction of Company Indebtedness or other Indebtedness, (ii) the payment or incurrence of any Transaction Expenses or Transaction Bonus Payments and (iii) any other deductible payments attributable to the Contemplated Transactions economically borne by the Seller. For this purpose, any success-based fees shall be treated as deductible in accordance with Rev. Proc. 2011-29.

  • Additional Purchasers means purchasers of Additional Notes.

  • Pawn transaction means the same as that term is defined in Section 13-32a-102.

  • Acquisition Transactions means the transactions contemplated by the Acquisition Agreement.

  • Card Transactions means any payment made for goods or services, cash withdrawals from a bank or financial institution (including ATM withdrawals) or transfer of funds made through the use of the Card or the Card number.

  • Derivative Transaction means any agreement, arrangement, interest or understanding entered into by, or on behalf or for the benefit of, any Proposing Shareholder or any of its affiliates or associates, whether of record or beneficial: (1) the value of which is derived in whole or in part from the value of any class or series of shares or other securities of the Company, (2) which otherwise provides any direct or indirect opportunity to gain or share in any gain derived from a change in the value of securities of the Company, (3) the effect or intent of which is to mitigate loss, manage risk or benefit of security value or price changes, or (4) which provides the right to vote or increase or decrease the voting power of, such Proposing Shareholder, or any of its affiliates or associates, with respect to any shares or other securities of the Company, which agreement, arrangement, interest or understanding may include, without limitation, any option, warrant, debt position, note, bond, convertible security, swap, stock appreciation right, short position, profit interest, hedge, right to dividends, voting agreement, performance-related fee or arrangement to borrow or lend shares (whether or not subject to payment, settlement, exercise or conversion in any such class or series), and any proportionate interest of such Proposing Shareholder in the securities of the Company held by any general or limited partnership, or any limited liability company, of which such Proposing Shareholder is, directly or indirectly, a general partner or managing member.