Covered Conduct. 1. The conduct described in the foregoing Paragraphs 2 through 34 is hereinafter referred to as the “Covered Conduct.”
Covered Conduct. “Covered Conduct” as used herein is defined as:
Covered Conduct. Any actual or alleged act, failure to act, negligence, statement, error, omission, breach of any duty, conduct, event, transaction, agreement, misstatement, misleading statement or other activity of any kind whatsoever from the beginning of time through the Reference Date (and any past, present, or future consequence of any such act, failure to act, negligence, statement, error, omission, breach of duty, conduct, event, transaction, agreement, misstatement, misleading statement or other activity) relating in any way to (1) compounding, counseling and documentation relating to any Product or class of Products (2) the discovery, development, manufacture, packaging, repackaging, marketing, promotion, advertising, labeling, recall, withdrawal, distribution, delivery, monitoring, reporting, supply, sale, prescribing, dispensing, physical security, warehousing, use or abuse of, or operating procedures relating to, any Product, or any system, plan, policy or advocacy relating to any Product or class of Products, including, but not limited to, any unbranded promotion, marketing, programs, or campaigns relating to any Product or class of Products; (3) the characteristics, properties, risks, or benefits of any Product; (4) the reporting, disclosure, non-reporting or nondisclosure to federal, state or other regulators of orders placed with any Released Entity; or (5) diversion control programs or suspicious order monitoring;
Covered Conduct. As used herein, the term “Covered Conduct” shall mean any and all acts or omissions, including all communications, occurring up to and including the effective date of this Agreement, relating to: (a) the design, installation, presence, or failure to disclose any Defeat Device7 in
Covered Conduct. “Covered Conduct” as used herein is defined as any conduct, representations, disclosures, or omissions, whatsoever, prior to the effective date of this Agreement, relating to or concerning statements, representations, claims, or records made or submitted in connection with CLC’s applications for and receipt of funding under the Prop 1B Program pursuant to the contract between CLC and the South Coast Air Quality Management District dated April 17, 2014 and the contract between CLC and the County of San Diego Air Pollution Control District dated April 8, 2014, including any and all modifications to such contracts. “Covered Conduct” includes the claims that are the subject of the tolling agreement dated August 20, 2019, entered into between CLC and CARB.
Covered Conduct. “Covered Conduct” as used herein is defined as the creation, pooling, structuring, sponsorship, arranging, formation, packaging, marketing, underwriting, sale, or issuance prior to January 1, 2009 by RBS of the RMBS identified in Annex 2, attached and hereby incorporated. Covered Conduct includes representations, disclosures, or non-disclosures to RMBS investors and ratings agencies made in connection with the activities set forth above, where the representation, disclosure, or non-disclosure involves information about or obtained during the process of originating, acquiring, securitizing, underwriting, or servicing residential 2 mortgage loans included in the RMBS identified in Annex 2. Covered Conduct does not include:
Covered Conduct. On June 10, 2009, Dr. Xxxxxxxxx Xxxxxxxx filed a complaint with HHS against Parkview, Complaint Number 09-99157 (“the Complaint”), alleging that Parkview had violated the Privacy Rule. On May 16, 2011, HHS began investigating the allegations in the Complaint alleging that the Covered Entity is in violation of the Privacy Rule. HHS’s investigation indicates that the following conduct occurred (“Covered Conduct”):
Covered Conduct. “Covered Conduct” as used herein is defined as the creation, pooling, structuring, arranging, formation, packaging, marketing, underwriting, sale, or issuance prior to January 1, 2009 by Citigroup of the RMBS and CDOs identified in Annex 3, attached and hereby incorporated. Covered Conduct includes representations, disclosures, or non- disclosures to RMBS investors made in connection with the activities set forth above about the underlying residential mortgage loans, where the representation or non-disclosure involves information about or obtained during the process of originating, acquiring, securitizing, underwriting, or servicing residential mortgage loans included in the RMBS identified in Annex 3. Covered Conduct also includes representations, disclosures, or non-disclosures made in connection with the activities set forth above about the CDOs identified in Annex 3, attached and hereby incorporated. Covered Conduct does not include: (i) conduct relating to the origination of residential mortgages, except representations or non-disclosures to investors in the RMBS listed in Annex 3 about origination of, or about information obtained in the course of originating, such loans; (ii) origination conduct unrelated to securitization, such as soliciting, aiding or abetting borrower fraud; (iii) the servicing of residential mortgage loans, except representations or non-disclosures to investors in the RMBS listed in Annex 3 about servicing, or information obtained in the course of servicing, such loans; or (iv) representations or non- disclosures made in connection with the trading of RMBS, except to the extent that the representations or non-disclosures are in the offering materials for the underlying RMBS listed in Annex 3.
Covered Conduct. “Covered Conduct” as used herein is defined as any conduct, representations, disclosures, or omissions, whatsoever, prior to the effective date of this Agreement, relating to or concerning statements, claims, or disclosures to investors— including, but not limited to the California Public Employees’ Retirement System (CalPERS) and the California State Teachers’ Retirement System (CalSTRS)—regarding the Recalls (defined below), and including, but not limited to, the conduct alleged in the Consolidated Class Action Complaint in New York State Teachers’ Retirement System v. General Motors Co., No. 4:14-cv-11191-LVP-MKM, Dkt. 62 (S.D. Mich. Jan. 15, 2015). For the avoidance of doubt, the parties acknowledge that the Attorney General has alleged GM violated California’s Corporate Securities Law (“CSL”) by allegedly making misleading statements to California investors, including primarily, two California agencies that manage retirement and other benefits for California employees: the CalPERS and CalSTRS, and that the Attorney General has alleged GM’s Covered Conduct violated the California False Claims Act (“CFCA”) with respect to claims for payment to CalPERS and CalSTRS. The Attorney General based these purported violations on GM’s alleged failure to disclose the need for, and cost of, the Recalls related to ignition switch and airbag defects in public documents associated with its November 17, 2010 IPO and subsequent SEC filings.
Covered Conduct. “Covered Conduct” as used herein is defined as the creation, packaging, marketing, underwriting, sale, structuring, arrangement or issuance, prior to January 1, 2009, by Xxxxxx Xxxxxxx of the RMBS, identified in Appendix C, attached and hereby incorporated in this Agreement. Covered Conduct includes representations, disclosures, or non-disclosures to RMBS investors made about or in connection with the activities set forth above, where the representation or non-disclosure involves information about or obtained during the process of originating, acquiring, securitizing, underwriting or servicing residential mortgage loans included in the RMBS identified in Appendix C. Covered Conduct does not include:
