Action. Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.
Appears in 26 contracts
Samples: General Assignment and Assumption Agreement (Luminent Inc), Indemnification Agreement (Maxtor Corp), Indemnification and Insurance Matters Agreement (Optical Access Inc)
Action. ActionACTION" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.
Appears in 20 contracts
Samples: Insurance Matters Agreement (Harmonic Inc), Insurance Matters Agreement (C Cube Semiconductor Inc), Indemnification and Insurance Matters Agreement (Roxio Inc)
Action. Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority Governmental Authority or any arbitration or mediation tribunal.
Appears in 12 contracts
Samples: Master Separation Agreement (Reliant Resources Inc), Employee Matters Agreement (Reliant Resources Inc), Separation Agreement (Centerpoint Energy Inc)
Action. “Action" ” means any demand, claim, action, suit, countersuit, arbitration, litigation, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority Governmental Authority or any arbitration or mediation tribunaltribunal or authority.
Appears in 6 contracts
Samples: Master Separation Agreement (Pride SpinCo, Inc.), Master Separation Agreement (Pride International Inc), Separation and Distribution Agreement (Carrols Restaurant Group, Inc.)
Action. Action" means shall mean any demandaction, actionclaim, suit, countersuitlitigation, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalinvestigation.
Appears in 4 contracts
Samples: Purchase Agreement (Keyspan Corp), Stock Purchase Agreement (Piedmont Natural Gas Co Inc), Stock Purchase Agreement (Progress Energy Inc)
Action. “Action" ” means any claim, demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.
Appears in 4 contracts
Samples: Indemnification and Insurance Matters Agreement (Omega Flex, Inc.), Indemnification and Insurance Matters Agreement (iBioPharma, Inc.), Form of Indemnification and Insurance Matters Agreement (InB:Biotechnologies, Inc.)
Action. The term “Action" means ” shall mean any demandlawsuit, claim, proceeding, litigation, arbitration, action, suit, countersuit, arbitrationinvestigation, inquiry, proceeding cause of action, right of recovery or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalchose in action.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Naturade Inc), Asset Purchase Agreement (Naturade Inc), Asset Purchase Agreement (Diodes Inc /Del/)
Action. The term "Action" means shall mean any demandclaim, action, suit, countersuitcause of action or suit (in contract or tort or otherwise), arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalGovernmental Authority.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Province Healthcare Co), Securities Purchase Agreement (E Z Serve Corporation), Agreement and Plan of Merger (Picturetel Corp)
Action. Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority Governmental Authority or any arbitration or mediation tribunal.
Appears in 3 contracts
Samples: Distribution Agreement (Queeny Chemical Co), Distribution Agreement (Monsanto Co), Distribution Agreement (Solutia Inc)
Action. “Action" ” means any action, claim, demand, action, suit, countersuit, arbitration, inquiry, subpoena, discovery request, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority Governmental Entity or any arbitration tribunal, domestic or mediation tribunalforeign.
Appears in 3 contracts
Samples: Employee Matters Agreement (Potlatch Corp), Employee Matters Agreement (Potlatch Forest Products CORP), Employee Matters Agreement (Clearwater Paper Corp)
Action. “Action" ” means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalGovernmental Authority.
Appears in 3 contracts
Samples: And Insurance Matters Agreement (Palmsource Inc), Indemnification and Insurance Matters Agreement (Lsi Logic Corp), Indemnification and Insurance Matters Agreement (Sunpower Corp)
Action. Action" means any claim, demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.
Appears in 3 contracts
Samples: Indemnification and Insurance Matters Agreement (Medco Health Solutions Inc), Indemnification and Insurance Matters Agreement (Medco Health Solutions Inc), Indemnification and Insurance Matters Agreement (Medco Health Solutions Inc)
Action. The term “Action" means ” shall mean any demand, action, suit, countersuit, arbitration, audit, claim, demand, hearing, investigation, inquiry, litigation, proceeding or investigation by suit (whether civil, criminal, administrative or before investigative), including any federalinterference, statereissue, localre-examination, foreign invalidity, revocation or international governmental authority opposition proceeding, and any solicited or unsolicited offer, demand or request to license any arbitration or mediation tribunalIntellectual Property.
Appears in 3 contracts
Samples: Technology License and Services Agreement (Neurotrope, Inc.), Technology License and Services Agreement (Synaptogenix, Inc.), Technology License and Services Agreement (Neurotrope, Inc.)
Action. The term "Action" means shall mean any demandlawsuit, claim, proceeding, litigation, arbitration, action, suit, countersuit, arbitrationinvestigation, inquiry, proceeding cause of action, right of recovery or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalchose in action.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Naturade Inc), Asset Purchase Agreement (Naturade Inc)
Action. “Action" ” means any demandaction, actionclaim, suit, countersuitlitigation, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalgovernmental investigation, judicial, administrative or otherwise.
Appears in 2 contracts
Samples: Purchase Agreement (Goodrich Petroleum Corp), Purchase Agreement
Action. Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal, other than any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation relating to Taxes.
Appears in 2 contracts
Samples: General Assignment and Assumption Agreement (Coach Inc), Indemnification and Insurance Matters Agreement (Coach Inc)
Action. Action" means any demand, action, suit, litigation, claim, countersuit, arbitration, inquiry, proceeding or investigation by any third Person or Governmental Authority or before any federal, state, local, foreign or international court or other governmental authority or any arbitration or mediation tribunal.
Appears in 2 contracts
Samples: General Assignment and Assumption Agreement (Axcelis Technologies Inc), Indemnification and Insurance Matters Agreement (Axcelis Technologies Inc)
Action. Action" means shall mean any demandaction, actionclaim, suit, countersuitlitigation, arbitration, inquiry, proceeding or governmental investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalproceeding.
Appears in 2 contracts
Samples: Stock Purchase Agreement (KMG America CORP), Stock Purchase Agreement (KMG America CORP)
Action. “Action" ” means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.
Appears in 2 contracts
Samples: General Assignment and Assumption Agreement (Palm Inc), Indemnification and Insurance Matters Agreement (Loyalty Alliance Enterprise Corp)
Action. Action" means any claim, demand, action, suit, ------- countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.
Appears in 1 contract
Samples: Indemnification and Insurance Matters Agreement (Merck Medco Managed Care LLC)
Action. “Action" ” means any demand, action, suit, countersuit, arbitration, inquiry, proceeding proceeding, mediation or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.
Appears in 1 contract
Samples: General Assignment and Assumption Agreement (Lsi Logic Corp)
Action. Action" means shall mean any demandclaim, action, suit, countersuit, arbitration, inquiry, proceeding preceding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalGovernmental Authority.
Appears in 1 contract
Samples: Credit, Capitalization and Financing Agreement (Compost America Holding Co Inc)
Action. Action" means any demand, action, case, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.
Appears in 1 contract
Action. Action" means any demand, action, suitcomplaint, countersuitpetition, arbitrationinvestigation, inquirysuit or other proceeding, proceeding whether civil or investigation by criminal, in law or in equity, or before any federal, state, local, foreign arbitrator or international governmental authority or any arbitration or mediation tribunalGovernmental Entity.
Appears in 1 contract
Action. “Action" ” means any demandclaim, action, law, litigation, suit, countersuitarbitration, arbitrationcharge, grievance, labor dispute, audit, inquiry, proceeding or investigation by or before any federal, state, local, foreign Governmental Authority or international governmental authority arbitral board or any arbitration or mediation tribunalbody.
Appears in 1 contract
Action. Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding proceeding, mediation or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.
Appears in 1 contract
Samples: General Assignment and Assumption Agreement (Lsi Logic Storage Systems Inc)
Action. Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation including by or before any federal, state, local, foreign or international court, governmental authority or any arbitration or mediation tribunal.
Appears in 1 contract
Samples: Indemnification Agreement (Catalytica Energy Systems Inc)
Action. Action" means any demandaction, actionclaim, suit, countersuit, ------ arbitration, inquiry, proceeding or investigation by or before any federalcourt, stateany governmental, local, foreign regulatory or international governmental authority other administrative agency or commission or any arbitration or mediation tribunal.
Appears in 1 contract
Action. Action" means any demand, action, suit, ------ countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.
Appears in 1 contract
Samples: Master Separation and Distribution Agreement (Seracare Life Sciences Inc)
Action. The term “Action" ” means any demandand all civil, criminal or administrative actions, causes of action, suitlitigation, countersuitsuits, arbitrationarbitrations or other alternate dispute resolution proceedings, inquiryinvestigations, inquiries, proceedings, hearings, charges, complaints, citations, demands, assessments, audits, judgments and claims (including employment-related claims or audits by any taxing authority), regardless of whether a proceeding or investigation lawsuit has been initiated, relating to or asserted by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunala Person.
Appears in 1 contract
Action. “Action" ” means any claim, litigation, demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.tribunal in which the Ingenico Claims ( or a portion thereof) are at issue and involve a claim for relief based thereon
Appears in 1 contract
Action. Action" means shall mean any demandaction, actionclaim, suit, countersuitlitigation, arbitrationproceeding, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalgovernmental investigation or audit.
Appears in 1 contract
Action. Action" means any demandaction, actionclaim, suit, countersuitlitigation, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalgovernmental investigation.
Appears in 1 contract
Action. Action" Action means any demandclaim, litigation, action, suit, countersuitarbitration, arbitrationhearing, inquiry, proceeding proceeding, complaint, charge or investigation by or before any federal, state, local, foreign Governmental Authority or international governmental authority or arbitrator and any arbitration or mediation tribunalappeal from any of the foregoing.
Appears in 1 contract
Samples: Asset Purchase Agreement
Action. “Action" means ” shall mean any demandaction, actionclaim, suit, countersuitlitigation, arbitrationproceeding, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalgovernmental investigation or audit.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Progress Rail Services, Inc.)
Action. The term “Action" ” means any demandand all civil, criminal or administrative actions, causes of action, suitlitigation, countersuitsuits, arbitrationarbitrations, inquiryinvestigations, proceeding or investigation by or before any federalproceedings, statehearings, localcharges, foreign or international governmental authority or any arbitration or mediation tribunalcomplaints, citations, demands, assessments, audits, judgments and claims (including employment-related claims) relating to a Person.
Appears in 1 contract
Samples: Asset Purchase Agreement (Lone Star Technologies Inc)
Action. Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.. Section 4.3
Appears in 1 contract
Samples: Assignment and Assumption Agreement
Action. Action" means any demand, action, suitcomplaint, countersuitpetition, arbitrationinvestigation, inquirysuit or other proceeding, proceeding whether civil or investigation by criminal, in law or in equity, or before any federal, state, local, foreign arbitrator or international governmental authority or any arbitration or mediation tribunalGovernmental Entity. Section 1.2.
Appears in 1 contract
Action. Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalGovernmental Authority.
Appears in 1 contract
Samples: Indemnification and Insurance Matters Agreement (Lsi Logic Storage Systems Inc)