Proper Parties Sample Clauses

Proper Parties. The Parties each represent and warrant to each other that no rights or any claim or cause of action in the Litigation or ownership rights in any instrument or share of stock have been assigned to any other person or entity.
Sample 1
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Proper Parties. 12 The Ministry of the Attorney General of British Columbia ("Attorney General") received notice of the Band's petition and is the appropriate representative of the Lieutenant Governor in Council. In this capacity, the Attorney General has a right to be heard. However, the Attorney General argues that it is also a necessary party to any proceeding in which the validity of an Order in Council is challenged, and therefore, the proceedings are defective for failure to properly name the Attorney General. In support of this position, the Attorney General relies upon s. 16 of the Judicial Review Procedure Act; Xxxxx and Xxxxx, Judicial Review of Administrative Action in Canada, loose-leaf (consulted on July 2010), (Toronto: Canvasback Publishing, 2009), at para. 4:4300; Carrier-Sekani Tribal Council v. Canada (Minister of the Environment) (1992), 93 D.L.R. (4th) 198, 5 Admin L.R. (2d) 38 (F.C.A.) at paras. 28-29, leave to appeal to SCC refused, [1992] S.C.C.A. No. 360; and Vancouver Island Peace Society v. Canada, [1994] 1 F.C. 102 (T.D.) [Vancouver Island Peace Society], aff'd (1995), 89 F.T.R. 136 (C.A.), leave to appeal to SCC refused, [1995] S.C.C.A. No. 103. 13 The Band argues that while it must give notice to the Attorney General, it is only the Lieutenant Governor in Council that is a party to the petition. Section 15 of the Judicial Review Procedure Act provides that the decision maker is a party to the petition at their option. The Band maintains the Lieutenant Governor in Council exercised his statutory authority under s. 11 of the Local Government Act to issue letters patent to create a mountain resort municipality. The Band argues that the role of the Attorney General is to represent a ministry of the government in proceedings and this role is identified in s. 2(i) of the Attorney General Act, R.S.B.C. 1996, c. 22 [Attorney General Act]. Lastly, the Band argues that the authorities cited by the Attorney General involve proceedings against the Federal government where s. 23 of the Crown Liability and Proceedings Act, R.S.C. 1985, c. C-50 [Crown Proceedings Act] permits proceedings against the Crown to be in the name of the Attorney General. 14 There is no statute or rule in force in B.C. that requires the Attorney General to be named as a party to any proceeding that questions a decision of the Crown made by the Lieutenant Governor in Council. Section 2(i) of the Attorney General Act reposes in the Attorney General the duty and power over, "regulation...
Sample 1
Proper Parties. Each of Take and Bake, Xx. Xxxxx and Xx. Xxxxxxx represent and warrant that Take and Bake is a Washington corporation and that references to Take and Bake, Inc., d/b.a. X.X. XxXxxxx Pizza Co., a Washington limited liability company, in the Asset Purchase Agreement were intended to refer to Take and Bake, Inc., doing business as X.X. XxXxxxx Pizza Company, a Washington corporation.
Sample 1

Related to Proper Parties

  • MCUA PARTIES Any of the following types of entities that have executed a Master Contract Usage Agreement with Enterprise Services: ▪ Political subdivisions (e.g., counties, cities, school districts, public utility districts) in the State of Washington; ▪ Federal governmental agencies or entities; ▪ Public-benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit corporations that receive federal, state, or local funding); and ▪ Federally-recognized Indian Tribes located in the State of Washington.

  • Covered Entities No Loan Party is a Covered Entity.

  • Contractor Parties A Contractor’s members, directors, officers, shareholders, partners, managers, principal officers, representatives, agents, servants, consultants, employees or any one of them or any other person or entity with whom the Contractor is in privity of oral or written contract and the Contractor intends for such other person or entity to Perform under the Contract in any capacity.

  • Non-Parties If a Tax Indemnitee is not a party to this Agreement, Owner may require the Tax Indemnitee to agree in writing, in a form reasonably acceptable to Owner, to the terms of this Section 8.3 and Section 15.8 prior to making any payment to such Tax Indemnitee under this Section 8.3.

  • Parties This Agreement shall each inure to the benefit of and be binding upon the Underwriters and the Company and their respective successors. Nothing expressed or mentioned in this Agreement is intended or shall be construed to give any person, firm or corporation, other than the Underwriters and the Company and their respective successors and the controlling persons and officers and directors referred to in Sections 6 and 7 and their heirs and legal representatives, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision herein contained. This Agreement and all conditions and provisions hereof are intended to be for the sole and exclusive benefit of the Underwriters and the Company and their respective successors, and said controlling persons and officers and directors and their heirs and legal representatives, and for the benefit of no other person, firm or corporation. No purchaser of Securities from any Underwriter shall be deemed to be a successor by reason merely of such purchase.

  • Affiliates and Third Parties If the Asset Representations Reviewer processes the PII of the Issuer’s Affiliates or a third party when performing a Review, and if such Affiliate or third party is identified to the Asset Representations Reviewer, such Affiliate or third party is an intended third-party beneficiary of this Section 4.10, and this Agreement is intended to benefit the Affiliate or third party. The Affiliate or third party may enforce the PII related terms of this Section 4.10 against the Asset Representations Reviewer as if each were a signatory to this Agreement.

  • Necessary Parties All of the understandings, agreements, representations and warranties contained herein are solely for the benefit of the Fund and the Custodian, and there are no other parties who are intended to be benefited by this Agreement.

  • Interested Parties The Issuing Entity and each other party identified or described in the Pooling Agreement or the Further Transfer Agreements as having an interest as owner, trustee, secured party or holder of Securities.

  • Independent Parties This Agreement shall not be deemed to create any partnership, joint venture, or agency relationship between the Parties. Each Party shall act hereunder as an independent contractor.

  • Covenants of the Company and the Operating Partnership The Company and the Operating Partnership, jointly and severally, covenant with each Underwriter as follows:

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