DOJ Investigation Sample Clauses

DOJ Investigation. The occurrence of any plea, non-appealable judgment, settlement or fine in excess of $15,000,000 in connection with the DOJ Investigation.
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DOJ Investigation. The United States Department of Justice (“DOJ”) is investigating certain activities of the Company including its past sales, accounting, and billing procedures in relation to, primarily, the operation of the Company’s spine division. The DOJ is also reviewing the Company’s relationship with the Company’s subsidiary called DiscoCare, which was acquired in December of 2007, and its billing practices. The DOJ has requested the production of documents and other information in relation to this investigation. [*] [*] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
DOJ Investigation. Prior to sending any material proposals to or agreeing to material obligations which, in each case, are materially less favorable to the Loan Parties taken as a whole than the DOJ Investigation Anticipated Outcome, imposed by the DOJ or any other Governmental Authority regarding matters related to the DOJ Investigation (the “Settlement Proposals”), the Borrower shall provide to the Administrative Agent and Lenders summaries of such Settlement Proposals and allow the Administrative Agent and Lenders an opportunity to provide comments or feedback prior to agreeing to the Settlement Proposals.
DOJ Investigation. The United States Department of Justice (“DOJ”) is investigating certain activities of the Company including its past sales, accounting, and billing procedures in relation to, primarily, the operation of the Company’s spine division. The DOJ is also reviewing the Company’s relationship with the Company’s subsidiary called DiscoCare, which was acquired in December of 2007, and its billing practices. The DOJ has requested the production of documents and other information in relation to this investigation.
DOJ Investigation. The Company will make a cash payment to the Investor (or if such cash payment is inadvisable, make other economically equivalent arrangements) in an amount approximately equal to any costs to the Company relating to resolution of the DOJ Investigation that are caused by the U.S. District Court for the Eastern District of North Carolina’s failure to enter such Consent Order for Permanent Injunction and Civil Money Penalty filed as Document 1-1 in United States v. Four Oaks Fincorp, Inc., No. 5:14-cv-00014-BO (E.D.N.C. Jan. 1, 2014) (the “Proposed Settlement Agreement”) on January 8, 2014 (net of any tax benefit actually realized in 2014 that would not have been realized but for such additional costs to the Company), multiplied by the percentage of the Company's outstanding shares owned by the Investor on the Closing Date. The amount of such additional costs to the Company shall be estimated by the Company's independent accountants and shall include costs (net of insurance proceeds and {Clients/1482/00200660.DOC/4 } 23 any indemnity contribution or other similar payments received from the Bank’s insurers, the Bank’s current or former third-party payment processor customers and such third-party payment processors’ to indemnify or reimburse the Bank for costs incurred by the Bank relating to the DOJ Investigation) such as, but not limited to, the following: (i) any cost of engaging one or more third party or hiring one or more new employee to assist the Company in performing duties in addition to those required by the terms of the Proposed Settlement Agreement; (ii) additional attorneys', accountants’ and/or other professionals' fees; and (iii) the costs of any penalty, judgment or similar payment in excess of $1.2 million. Notwithstanding anything to the contrary contained herein, the Company shall not be required to indemnify or make payments to the Investor under this Section 4.15 in an aggregate amount exceeding the aggregate purchase price payable by the Investor pursuant to Section 2.1 of this Agreement for the number of shares held by the Investor on the date such payment is determined by the Company’s independent accountants.
DOJ Investigation. The Company shall (i) consult with Parent regarding proposals to, and material negotiations with, the DOJ regarding the DOJ Investigation and (ii) provide prompt notice to Parent of (A) any material development with the DOJ regarding the DOJ Investigation and (B) the occurrence of any Specified Outcome.
DOJ Investigation. (i) No Specified Outcome shall have occurred and is continuing to occur and no Specified Outcome is reasonably likely to occur, and (ii) the Company or its Representatives shall have received the DOJ’s position (either in writing or orally) of the potential liability, including the potential causes of actions, the Company or any its Subsidiaries may face as a result of the DOJ Investigation.
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DOJ Investigation. The Department of Justice (“DOJ”)’s criminal investigation into the legacy pre-acquisition accounting practices of CSK (the “DOJ Investigation”) is near a conclusion and is described more fully below. In addition, the SEC complaint against three (3) former employees of CSK for alleged conduct related to CSK’s historical accounting practices remains ongoing. The action filed by the SEC on July 22, 2009, against Xxxxxxx X. Xxxxxxx, the former chief executive officer of CSK seeking reimbursement from Xx. Xxxxxxx of certain bonuses and stock sale profits pursuant to Section 304 of the Xxxxxxxx-Xxxxx Act of 2002 also continues. The DOJ criminal complaint against Xxx Xxxxxx, the former Chief Financial Officer of CSK, remains ongoing with trial set to commence on or about June 7, 2011. With respect to the ongoing DOJ Investigation, attorneys from the DOJ indicated that, as a result of conduct alleged against the former employees, as set forth in the pleadings in United States vs. Fraser, et. al., U.S. District Court, District of Arizona; Case No: 2:09-cr-00372-SRB, the DOJ believes criminal charges against CSK are appropriate. The Borrower and its Subsidiaries have continued to cooperate with and engage in discussions with the DOJ to resolve the pre-acquisition accounting issues related to CSK arising from the conduct of its former employees as referenced above. The Borrower or one of its Subsidiaries and the DOJ have now agreed in principle, subject to final documentation, to resolve the DOJ Investigation. Based upon the agreement in principle for a final settlement, the Company recorded an additional charge of $5.9 million in the third quarter of 2010 to increase its accrual in anticipation of the DOJ, CSK and the Borrower or one of its Subsidiaries executing a Non-Prosecution Agreement and paying a one-time monetary penalty of $20.9 million dollars. Notwithstanding the agreement in principle with the DOJ, several of CSK’s former directors or officers and current or former employees have been or may be interviewed or deposed as part of criminal, administrative and civil investigations and lawsuits. As described above, certain former employees of CSK are the subject of civil and criminal litigation commenced by the government. Under Delaware law, the charter documents of the CSK entities and certain indemnification agreements, CSK has certain obligations to indemnify these persons and the Borrower and its Subsidiaries are currently incurring legal fees on behalf...

Related to DOJ Investigation

  • Complaints Investigation ‌ An employee who complains of harassment under the provisions of the Human Rights Code of British Columbia may refer the complaint to either one or other of the following processes:

  • Formal Investigation Once the matter has been brought to the attention of the Store executive, an internal investigation of the complaint will be conducted at which time the complainant will be requested to present, in writing, the particulars of the harassment. Such internal investigation will be initiated no later than ten (10) business days of the matter being brought to the attention of the Store executive, and shall be concluded no later than thirty (30) business days of the initiation of the investigation. Any extension of the aforementioned time frames must have the agreement of the complainant and the union if the complainant has chosen to involve it. Based on the outcome of the investigation, which will be provided in writing upon the completion of the investigation, to both the complainant and the union, should the complainant consent to this disclosure, it will be determined if there has been a breach of Company policy on harassment, and the appropriate action will be taken in the event that harassment is determined to have occurred. STEP THREE - SUBSEQUENT INCIDENTS Subsequent incidents should immediately be reported and followed by a written description to the most senior store executive involved in Step Two for further investigation and disciplinary action, if confirmed, with a copy to the union Chairperson with the consent of the complainant. After all steps of the Harassment Protection Policy have been exhausted, if the incident has not been resolved to the satisfaction of the employee, the employee may file a grievance at Step 2 of the grievance procedure.

  • Grievance Investigation The Employer agrees to supply to the Union the names of all applicants for a vacancy, or new position in the course of a grievance investigation.

  • Environmental Investigation (a) Acquiror may, in its discretion, within thirty (30) Business Days of the date of this Agreement, require the Company to order, at Acquiror’s expense, a Phase I environmental site assessment to be delivered only to Acquiror for each parcel of real property in which the Company or an Acquired Subsidiary holds an interest or formerly held an interest (each a “Phase I Report”), conducted by an independent professional consultant reasonably acceptable to Acquiror to determine if any real property in which the Company or any Acquired Subsidiary holds any interest or formerly held an interest contains or gives evidence of any adverse environmental condition or any violations of Environmental Laws on any such property. If a Phase I Report discloses any violations or adverse environmental conditions, or reports a reasonable suspicion thereof, then Acquiror may promptly obtain, at the expense of the Company and Acquiror, shared equally, a Phase II environmental report with respect to any affected property which report shall contain an estimate of the cost of any remediation or other follow-up work that may be necessary to address those violations or conditions in accordance with applicable laws and regulations (each a “Phase II Report,” and collectively referred to with the associated Phase I Report, an “Environmental Report”). Acquiror shall have no duty to act upon any information produced by an Environmental Report for the benefit of the Company, any Acquired Subsidiary or any other Person, but shall provide such information to the Company upon the Company’s request.

  • Background Investigation The BOARD is prohibited from knowingly employing a person who has been convicted of committing or attempting to commit certain criminal offenses. If the required criminal background investigation is not completed at the time this Contract is signed, and the subsequent investigation report reveals that there has been a prohibited conviction, this Contract shall immediately become null and void.

  • Due Diligence Investigation Pubco shall be reasonably satisfied with the results of its due diligence investigation of the Company in its sole and absolute discretion.

  • Investigation To make investigation about the accuracy of representations, warranties or other obligations of the Issuer under the Transaction Documents.

  • Investigations; Litigation There is no investigation or review pending (or, to the knowledge of Parent, threatened) by any Governmental Entity with respect to Parent or any of its Subsidiaries which would have, individually or in the aggregate, a Parent Material Adverse Effect, and there are no actions, suits, inquiries, investigations or proceedings pending (or, to Parent’s knowledge, threatened) against or affecting Parent or its Subsidiaries, or any of their respective properties at law or in equity before, and there are no orders, judgments or decrees of, or before, any Governmental Entity, in each case which would have, individually or in the aggregate, a Parent Material Adverse Effect.

  • Independent Investigation Subscriber, in making the decision to purchase the Units, has relied upon an independent investigation of the Company and has not relied upon any information or representations made by any third parties or upon any oral or written representations or assurances from the Company, its officers, directors or employees or any other representatives or agents of the Company, other than as set forth in this Agreement. Subscriber is familiar with the business, operations and financial condition of the Company and has had an opportunity to ask questions of, and receive answers from the Company’s officers and directors concerning the Company and the terms and conditions of the offering of the Units and has had full access to such other information concerning the Company as Subscriber has requested. Subscriber confirms that all documents that it has requested have been made available and that Subscriber has been supplied with all of the additional information concerning this investment which Subscriber has requested.

  • COMPLAINTS AND INVESTIGATIONS 1. This article applies to complaints or allegations made externally and not from normal supervisory activities.

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