Other Legal Proceedings. On 5 August 2005, a lawsuit was filed against a subsidiary of CEMEX Colombia, claiming that it was liable along with the other members of the Asociación Colombiana de Productores de Concreto (the “ASOCRETO”) a union formed by all the ready-mix concrete producers in Colombia, for the premature distress of the roads built for the mass public transportation system of Bogotá using ready-mix concrete supplied by CEMEX Colombia and other ASOCRETO members. The plaintiffs allege that the base material supplied for the road construction failed to meet the quality standards offered by CEMEX Colombia and the other ASOCRETO members and/or that they provided insufficient or inaccurate information in connection with the product. The plaintiffs seek the repair of the roads in a manner which guarantees their service during the 20-year period for which they were originally designed, and estimate that the cost of such repair will be approximately US$45 million. The lawsuit was filed within the context of a criminal investigation of two ASOCRETO officers and other individuals, alleging that the ready-mix concrete producers were liable for damages if the ASOCRETO officers were criminally responsible. The court completed the evidentiary stage, and on 17 August 2006 dismissed the charges against the members of ASOCRETO. The other defendants (one ex-director of the Distrital Institute of Development, the legal representative of the constructor and the legal representative of the contract auditor) were formally accused. The decision was appealed, and on 11 December 2006, the decision was reversed and the two ASOCRETO officers were formally accused as participants (determiners) in the execution of a state contract without fulfilling all legal requirements thereof. The first public hearing took place on 20 November 2007. In this hearing, the judge dismissed an annulment petition filed by the ASOCRETO officers. The petition was based on the fact that the officers were formally accused of a different crime from the one for which they were being investigated. This decision was appealed, but the decision was confirmed by the Superior Court of Bogotá. On 21 January 2008, CEMEX Colombia was subject to a judicial order, issued by the court, sequestering a quarry called El Tujuelo, as security for a possible future money judgment to be rendered against CEMEX Colombia in these proceedings. The court determined that in order to lift this attachment and prevent further attachments, CEMEX Colo...
Other Legal Proceedings. Each Limited Partner acknowledges and agrees that such Limited Partner has a duty under this Section 6.10 to protect the confidentiality of Confidential Information in connection with legal proceedings in which such Limited Partner is a participant and which are not governed by Section 10.13. Without limitation on such Limited Partner’s other obligations under this Agreement, but subject to Sections 6.10(b) and 6.10(c), in connection with any such proceeding, such Limited Partner shall use reasonable efforts to protect Confidential Information from being entered into a public record of such proceeding, including by means of submitting such information to any applicable court or other adjudicative or regulatory body under seal.
Other Legal Proceedings. On June 1, 1998, a civil action, Andrews, et al. v. Goodyear, et al. (Docket No. L-5595-98) was filex xx xxeven hourly employees at Goodyear's New Brunswick; New Jersey warehouse facility in the Superior Court of New Jersey, Middlesex County (Law Division), against Goodyear and four other employees of Goodyear alleging, among other things, that (i) the defendants engaged in conduct constituting discrimination on the basis of race in violation of a New Jersey law prohibiting discrimination in the workplace, (ii) Goodyear failed to promote the plaintiffs in violation of said New Jersey law, and (iii) the defendants' actions inflicted emotional distress and caused loss of consortium. The plaintiffs are seeking injunctive relief, unspecified actual damages, including back pay, punitive damages aggregating $124 million, costs and attorneys' fees.
Other Legal Proceedings. Seller has no Actual Knowledge that there are any pending or threatened actions, suits, arbitrations, mediations, administrative proceedings, legal proceedings or other proceedings involving the Property or any portion thereof which might materially or adversely affect the transactions contemplated by this Agreement, other than such regular proceedings before the City of Bakersfield as may be necessary with respect to Seller’s Development Activities.
Other Legal Proceedings. If, prior to the date of execution of this Agreement, you, or your attorney or representative, have filed any legal charge(s), complaint(s) or action(s) against Cowen or its affiliates related to any matter released or waived herein, you agree to withdraw or discontinue such matter(s) with prejudice and to execute all documents necessary to effectuate such withdrawal or discontinuance. You acknowledge that the consideration provided in this Agreement shall be accepted in full satisfaction of any claim(s) asserted and as sufficient basis for the immediate withdrawal or dismissal. You agree that you will not voluntarily participate or assist others in any lawsuit or judicial proceedings against Cowen or its affiliates. You further agree that you will fully cooperate with Cowen or its affiliates in connection with any legal proceeding by providing necessary information or cooperation, including but not limited to meeting with representatives of Cowen or its affiliates or their respective legal counsel, or providing testimony when necessary.
Other Legal Proceedings. In March 2001, 42 transporters filed a civil liability suit in the civil court of Ibague, Colombia, against three of our Colombian subsidiaries. The plaintiffs contend that these subsidiaries are responsible for alleged damages caused by the breach of raw material transportation contracts. The plaintiffs asked for relief in the amount of CoP127,242 million (approximately U.S.$ 72 million as of April 24, 2007, based on an exchange rate of CoP1765 to U.S.$1.00, which was the Colombian Peso/Dollar exchange rate on April 24, 2008, as published by the Banco de la República de Colombia, the central bank of Colombia). On Xxxxxxxx 00, 0000, XXXXX Xxxxxxxx was notified of the judgment of the court, dismissing the claims of the plaintiffs. The case is currently under review by the appellate court. On August 5, 2005, a lawsuit was filed against a subsidiary of CEMEX Colombia, claiming that it was liable along with the other members of the Asociación Colombiana de Productores de Concreto, or ASOCRETO, a union formed by all the ready-mix concrete producers in Colombia, for the premature distress of the roads built for the mass public transportation system of Bogotá using ready-mix concrete supplied by CEMEX Colombia and other ASOCRETO members. The plaintiffs allege that the base material supplied for the road construction failed to meet the quality standards offered by CEMEX Colombia and the other ASOCRETO members and/or that they provided insufficient or inaccurate information in connection with the product. The plaintiffs seek the repair of the roads in a manner which guarantees their service during the 20-year period for which they were originally designed, and estimate that the cost of such repair will be approximately U.S.$45 million. The lawsuit was filed within the context of a criminal investigation of two ASOCRETO officers and other individuals, alleging that the ready-mix concrete producers were liable for damages if the ASOCRETO officers were criminally responsible. The court completed the evidentiary stage, and on August 17, 2006 dismissed the charges against the members of ASOCRETO. The other defendants (one ex-director of the Distrital Institute of Development, the legal representative of the constructor and the legal representative of the auditor) were formally accused. The decision was appealed, and on December 11, 2006, the decision was reversed and the two ASOCRETO officers were formally accused as participants (determiners) in the execution of a stat...
Other Legal Proceedings. Notwithstanding anything contained in Section 6.1(a), any of the parties shall be entitled to (i) commence such legal proceedings seeking mandatory, declaratory or injunctive relief as may be necessary to define or protect the rights and enforce the obligations contained in this Agreement pending the settlement of a controversy in accordance with the arbitration procedures set forth in this Article 6, (ii) commence legal proceedings involving the enforcement of an arbitration decision or award arising out of this Agreement, or (iii) join any arbitration proceeding arising out of this Agreement with any other arbitration proceeding arising out of this Agreement.
Other Legal Proceedings. The Company is also involved in certain legal proceedings and claims, which arise in the ordinary course of business. In the opinion of the Company, based on consultations with outside counsel, the results of any of these ordinary course matters, individually and in the aggregate, are not expected to have a material effect on its results of operations, financial condition, or cash flows. As more information becomes available, if the Company should determine that an unfavorable outcome is probable on such a claim and that the amount of such probable loss that it will incur on that claim is reasonably estimable, it will record a reserve for the claim in question. If and when the Company records such a reserve, it could be material and could adversely impact its results of operations, financial condition, and cash flows. The Company’s policy is to accrue estimated legal fees and other directly related costs as part of its loss contingency accrual.
Other Legal Proceedings. In addition to the foregoing, the Company and its subsidiaries, in the ordinary course of business, are the subject of, or a party to, other various pending or threatened legal proceedings. The Company believes that any ultimate liability arising from these actions would not have a material effect on the Trust. SCHEDULE D ERISA MATTERS
Other Legal Proceedings. In addition to the foregoing, the Company and Triad Chemical are the subject of, or a party to, other various pending legal or threatened proceedings on environmental matters which the Company believes will not result in ultimate liability with a material effect on the Trust Estate. SCHEDULE G June 17, 1994 NationsBank of Tennessee, N.A. 0 XxxxxxxXxxx Xxxxx Xxxxxxxxx, Xxxxxxxxx 00000-0000 Attn: Large Commercial Division RE: $20,000,000 PRINCIPAL AMOUNT AMENDED AND RESTATED REVOLVING CREDIT AND TERM LOAN NOTE, SERIES I, FINAL MATURITY JUNE 30, 2001 AND $30,000,000 PRINCIPAL AMOUNT REVOLVING CREDIT NOTE, SERIES J, FINAL MATURITY JUNE 30, 1997 Gentlemen: I refer to the following:
