Commencement of Proceeding Sample Clauses

Commencement of Proceeding. Any party desiring arbitration shall serve on the other party its notice of intent to arbitrate ("notice"). A single arbitrator shall be selected by the American Arbitration Association. The arbitration proceedings provided hereunder are hereby declared to be self-executing, and it shall not be necessary to petition a court to compel arbitration.
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Commencement of Proceeding. Promptly after receipt by the Indemnitee of notice of the commencement of, or the threat of commencement of, any Proceeding, the Indemnitee shall, if the Indemnitee believes that indemnification with respect thereto may be sought from the Company under this Agreement, notify the Company of the commencement or threat of commencement thereof.
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Commencement of Proceeding. (a) If such negotiations do not resolve each matter referred to in the Claims Notice, each such unresolved matter shall be submitted to the Bankruptcy Court for a determination of the amount, if any, of payment by Seller (out of the remaining amount held in escrow by the Indemnification Escrow Agent) that shall be made to satisfy Seller's indemnification obligation in respect of such matter pursuant to the terms hereof.
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Commencement of Proceeding. 76 TABLE OF CONTENTS (continued) Page Article XII DEFINITIONS
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Commencement of Proceeding. A party who seeks a judicial determination altering that party’s marital status pursuant to the Family Code shall complete and file in the superior court a petition in the form prescribed by rule 1281. The proceeding is commenced upon the filing of this petition. Rule 1222 amended effective January 1, 1994; adopted effective January 1, 1970. Drafter’s Notes 1994—The Judicial Council Family and Juvenile Law Standing Advisory Committee proposed these changes in family law rules and forms to comply with recent legislation, including changes enacted by the adoption of the Family Code. Rule 1223. Stipulation for judgment A stipulation for judgment in the form prescribed by rule 1287 or rule 1289, as may be appropriate to the relief sought, may be submitted to the court for signature at the time of the hearing on the merits and shall contain the exact terms of any judgment proposed to be entered in the case. At the end thereof, immediately above the space reserved for the judge’s signature, the stipulation for judgment shall contain the following: The foregoing is agreed to by (Petitioner) (Respondent) (Attorney for Petitioner) (Attorney for Respondent) The stipulation for judgment shall include disposition of all matters subject to the court’s jurisdiction for which a party seeks adjudication or an explicit reservation of jurisdiction over any matter not proposed for disposition at that time. The stipulation for judgment shall constitute a written agreement between the parties as to all matters covered therein. Rule 1223 amended effective January 1, 1972; adopted effective January 1, 1970. Rule 1224. Confidential counseling statement (Petitioner) In those counties having a conciliation court established pursuant to the Family Conciliation Court Law (part 1 of division 5 of the Family Code), the petitioner shall sign and file, concurrently with the filing of the petition, a confidential counseling statement in the form prescribed by rule 1284. Upon the filing of the confidential counseling statement, the clerk shall protect it from access or inspection by unauthorized persons and shall promptly transfer it to the conciliation court. A confidential counseling statement filed pursuant to this rule may be destroyed after one year from the date of filing unless otherwise ordered by the court. A blank copy of the confidential counseling statement in the form prescribed by rule 1284 shall be served upon the respondent with and at the same time as service of the summon...
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Commencement of Proceeding. (1)(i) Except for change-in-control pro- ceedings under section 7(j)(4) of the FDIA (12 U.S.C. 1817(j)(4)), a proceeding governed by this subpart is commenced by issuance of a notice by the FDIC.
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Related to Commencement of Proceeding

  • Commencement of Proceedings Any claim notified pursuant to Clause 11.2 shall (if it has not been previously satisfied, settled or withdrawn) be deemed to be irrevocably withdrawn 9 months after the relevant time limit set out in Clause 10.2 unless, at the relevant time, legal proceedings in respect of the relevant claim have been commenced by being both issued and served except:

  • Initiation of Proceeding Notwithstanding anything in this Agreement to the contrary, Indemnitee shall not be entitled to indemnification pursuant to this Agreement in connection with any Proceeding initiated by Indemnitee against the Company or any director or officer of the Company unless (i) the Company has joined in or the Board has consented to the initiation of such Proceeding; (ii) the Proceeding is one to enforce indemnification rights under Section 5; or (iii) the Proceeding is instituted after a Change in Control (other than a Change in Control approved by a majority of the directors on the Board who were directors immediately prior to such Change in Control) and Independent Counsel has approved its initiation.

  • Initiation of Proceedings (1) At the request of either Contracting Party a dispute concerning the interpretation or application of this Agreement may be submitted to an arbitral tribunal for decision not earlier than 60 days after such request has been notified to the other Contracting Party.

  • Termination of Proceedings In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, the Issuer, the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

  • Completion of Proceedings All partnership, corporate and other proceedings taken or to be taken in connection with the transactions contemplated hereby and all documents incidental thereto not previously found acceptable by Administrative Agent and its counsel shall be reasonably satisfactory in form and substance to Administrative Agent and such counsel, and Administrative Agent and such counsel shall have received all such counterpart originals or certified copies of such documents as Administrative Agent may reasonably request.

  • Notification of Proceeding Indemnitee will notify the Company in writing promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any proceeding or matter which may be subject to indemnification or advancement of expenses covered hereunder. The failure of Indemnitee to so notify the Company shall not relieve the Company of any obligation which it may have to Indemnitee under this Agreement or otherwise.

  • Notification and Defense of Proceeding Promptly after receipt by the Indemnitee of notice of any Proceeding, the Indemnitee shall, if a request for indemnification or an advancement of Expenses in respect thereof is to be made against the Company under this Agreement, notify the Company in writing of the commencement thereof; but the omission so to notify the Company shall not relieve it from any liability that it may have to the Indemnitee. Notwithstanding any other provision of this Agreement, with respect to any such Proceeding of which the Indemnitee notifies the Company:

  • Notice of Proceeding Indemnitee agrees to notify the Company promptly upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any Proceeding or matter which may be subject to indemnification or advancement of Expenses hereunder. Any failure by Indemnitee to notify the Company will relieve the Company of its advancement or indemnification obligations under this Agreement only to the extent the Company can establish that such omission to notify resulted in actual and material prejudice to it which cannot be reversed or otherwise eliminated without any material negative effect on the Company, and the omission to notify the Company will, in any event, not relieve the Company from any liability which it may have to indemnify Indemnitee otherwise than under this Agreement. If, at the time of receipt of any such notice, the Company has director and officer insurance policies in effect, the Company will promptly notify the relevant insurers in accordance with the procedures and requirements of such policies.

  • Restoration of Rights on Abandonment of Proceedings In case the Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer and the Trustee shall be restored respectively to their former positions and rights hereunder, and all rights, remedies and powers of the Issuer, the Trustee and the Securityholders shall continue as though no such proceedings had been taken.

  • Defense of Proceedings In case any Indemnified Proceeding shall be brought against any Indemnified Party, it shall notify the applicable Indemnifying Party of the commencement thereof as provided in Section 10(c), and such Indemnifying Party shall be entitled to participate in, and provided such Indemnified Proceeding involves a claim solely for money damages and does not seek an injunction or other equitable relief against the Indemnified Party and is not a criminal or regulatory action, to assume the defense of, such Indemnified Proceeding with counsel reasonably satisfactory to such Indemnified Party. After notice from such Indemnifying Party to such Indemnified Party of such Indemnifying Party’s election so to assume the defense thereof and the failure by such Indemnified Party to object to such counsel within ten (10) Business Days following its receipt of such notice, such Indemnifying Party shall not be liable to such Indemnified Party for legal or other expenses related to such Indemnified Proceedings incurred after such notice of election to assume such defense except as provided below and except for the reasonable costs of investigating, monitoring or cooperating in such defense subsequently incurred by such Indemnified Party reasonably necessary in connection with the defense thereof. Such Indemnified Party shall have the right to employ its counsel in any such Indemnified Proceeding, but the fees and expenses of such counsel shall be at the expense of such Indemnified Party unless:

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