Bank Proceeding definition

Bank Proceeding means an Action by or on behalf of the Bank.
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Bank Proceeding shall have the meaning assigned to that term in Section 2.20.
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Bank Proceeding has the meaning set forth in Section 8.5.
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Examples of Bank Proceeding in a sentence

  • Except as may be required by any applicable Banking Regulations in any Bank Proceeding, Indemnitee shall qualify for Expense Advances solely upon the execution and delivery to the Company of an undertaking in form and substance reasonably satisfactory to the Company providing that Indemnitee undertakes to repay the Expense Advance if and to the extent that it is ultimately determined that Indemnitee is not entitled to be indemnified by the Company.

  • Such Independent Counsel, among other things, shall render its written opinion to the Company and, unless prohibited by applicable Banking Regulations in a Bank Proceeding, to Indemnitee, as to whether and to what extent Indemnitee should be permitted to be indemnified under applicable law.

  • The termination of any Proceeding or Bank Proceeding by judgment, order, settlement (other than a criminal Proceeding), conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that (i) the Officer did not act in good faith and in a manner reasonably believed to be in the best interests of the Bank or (ii) with respect to any Proceeding or Bank Proceeding, had reasonable cause to believe that the person’s conduct was unlawful.

  • Such Independent Counsel, among other things, shall render its written opinion to the Company and, unless prohibited by any applicable Banking Regulations in a Bank Proceeding, to Indemnitee, as to whether and to what extent Indemnitee should be permitted to be indemnified under applicable law.

  • Except to the extent prohibited by any applicable Banking Regulations in a Bank Proceeding, in the event that any Proceeding to which Indemnitee is a party is resolved in any manner other than by adverse judgment against Indemnitee (including, without limitation, settlement of such Proceeding with or without payment of money or other consideration), it shall be presumed that Indemnitee has been successful on the merits or otherwise in such Proceeding.

  • The Officer’s entitlement to advancement of Expenses shall include Expenses incurred in connection with any Proceeding or Bank Proceeding that seeks a determination, adjudication, or award in arbitration pursuant to this Agreement.

  • The Director’s entitlement to advancement of Expenses shall include Expenses incurred in connection with any Proceeding or Bank Proceeding that seeks a determination, adjudication, or award in arbitration pursuant to this Agreement.

  • The termination of any Proceeding or Bank Proceeding by judgment, order, settlement (other than a criminal Proceeding), conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create a presumption that (i) the Director did not act in good faith and in a manner reasonably believed to be in the best interests of the Bank or (ii) with respect to any Proceeding or Bank Proceeding, had reasonable cause to believe that the person’s conduct was unlawful.

  • Except for any applicable Banking Regulations in a Bank Proceeding, this Agreement and the legal relations among the parties shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware, without regard to its conflict-of-laws rules.

  • After a Change in Control of the Company or a Change in Control of a Subsidiary and except as may be required by any applicable Banking Regulations in a Bank Proceeding, the Reviewing Party shall be the Independent Counsel referred to below.


More Definitions of Bank Proceeding

Bank Proceeding means any threatened, pending or completed action, suit, arbitration, alternative dispute mechanism, inquiry, administrative or legislative hearing, investigation or any other actual, threatened or contemplated proceeding, including any and all appeals, conducted by any federal or state banking, savings and loan or other financial institution governmental or regulatory agency that has proper jurisdiction over the applicable Bank, whether civil, criminal, administrative, investigative or other, and in each case whether or not commenced prior to the date of this Agreement, that relates to an Indemnifiable Event.
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Related to Bank Proceeding

  • Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

  • Secured Bank Product Obligations Debt, obligations and other liabilities with respect to Bank Products owing by an Obligor to a Secured Bank Product Provider; provided, that Secured Bank Product Obligations of an Obligor shall not include its Excluded Swap Obligations.

  • Bank Product means any one or more of the following financial products or accommodations extended to any Loan Party or any of its Subsidiaries by a Bank Product Provider: (a) credit cards (including commercial cards (including so-called “purchase cards”, “procurement cards” or “p-cards”)), (b) payment card processing services, (c) debit cards, (d) stored value cards, (e) Cash Management Services, or (f) transactions under Hedge Agreements.

  • foreign proceeding means a collective judicial or administrative proceeding in a foreign State, including an interim proceeding, pursuant to a law relating to insolvency in which proceeding the assets and affairs of the debtor are subject to control or supervision by a foreign court, for the purpose of reorganization or liquidation;

  • Criminal proceeding means a proceeding instituted by means of the swearing of an information, the laying of a charge or the return of an indictment, before a Court of competent jurisdiction in Canada with jurisdiction to hear and determine the charges referred to therein, alleging or charging that the "Insured" has contravened the provisions of any Provincial or Federal statute, including the Criminal Code, R.S.C. 1985 ch. C-46 as amended, which creates an offence or crime and which provides for conviction thereunder, whether by way of summary conviction or indictment, and as a result of which the "Insured" is liable to be convicted, fined or sentenced to some form of imprisonment or other punishment.

  • Bank Products means any service or facility extended to any Loan Party by any Lender or its Affiliates including: (a) credit cards, (b) credit card processing services, (c) debit cards, (d) purchase cards, (e) ACH Transactions, (f) cash management, including controlled disbursement, accounts or services, or (g) Hedging Agreements.

  • Bank Product Obligations means all obligations, liabilities, contingent reimbursement obligations, fees, and expenses owing by a Company to Agent or any Lender (or an affiliate of a Lender) pursuant to or evidenced by the Bank Product Agreements.

  • Bankruptcy Proceeding means any case, action or proceeding before any court or other Governmental Authority relating to any Bankruptcy Event.

  • ADR Proceeding means either an Arbitration or a Mediation.

  • Insolvency Proceeding means any proceeding commenced by or against any Person under any provision of the Bankruptcy Code or under any other state or federal bankruptcy or insolvency law, assignments for the benefit of creditors, formal or informal moratoria, compositions, extensions generally with creditors, or proceedings seeking reorganization, arrangement, or other similar relief.

  • Derivative proceeding means a civil suit in the right of a domestic corporation or, to the extent

  • DIP Obligations means “DIP Obligations” as defined in the DIP Order.

  • Bank Product Collateralization means providing cash collateral (pursuant to documentation reasonably satisfactory to Agent) to be held by Agent for the benefit of the Bank Product Providers (other than the Hedge Providers) in an amount determined by Agent as sufficient to satisfy the reasonably estimated credit exposure with respect to the then existing Bank Product Obligations (other than Hedge Obligations).

  • Borrower Credit Agreement Obligations the collective reference to the unpaid principal of and interest on the Loans and Reimbursement Obligations and all other obligations and liabilities of the Borrower (including, without limitation, interest accruing at the then applicable rate provided in the Credit Agreement after the maturity of the Loans and Reimbursement Obligations and interest accruing at the then applicable rate provided in the Credit Agreement after the filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding, relating to the Borrower, whether or not a claim for post-filing or post-petition interest is allowed in such proceeding) to the Administrative Agent or any Lender, whether direct or indirect, absolute or contingent, due or to become due, or now existing or hereafter incurred, which may arise under, out of, or in connection with, the Credit Agreement, this Agreement, or the other Loan Documents, or any Letter of Credit, or any other document made, delivered or given in connection therewith, in each case whether on account of principal, interest, reimbursement obligations, fees, indemnities, costs, expenses or otherwise (including, without limitation, all fees and disbursements of counsel to the Administrative Agent or to the Lenders that are required to be paid by the Borrower pursuant to the terms of any of the foregoing agreements).

  • Canadian Obligations means all Obligations owing by the Canadian Borrower.

  • Discharge of Credit Agreement Obligations means, with respect to any Shared Collateral, the Discharge of the Credit Agreement Obligations with respect to such Shared Collateral; provided that the Discharge of Credit Agreement Obligations shall not be deemed to have occurred in connection with a Refinancing of such Credit Agreement Obligations with an Additional Senior Debt Facility secured by such Shared Collateral under one or more Additional Senior Debt Documents which has been designated in writing by the Administrative Agent (under the Credit Agreement so Refinanced) to the Designated Senior Representative as the “Credit Agreement” for purposes of this Agreement.

  • Secured Cash Management Obligations means Obligations under Secured Cash Management Agreements.

  • Cash Management Obligation means, as applied to any Person, any direct or indirect liability, contingent or otherwise, of such Person under or in respect of a Cash Management Agreement.

  • Credit Party Obligations means, without duplication, (a) all of the obligations of the Credit Parties to the Lenders (including the Issuing Lender) and the Administrative Agent, whenever arising, under this Credit Agreement, the Notes, or any of the other Credit Documents to which any Credit Party is a party and (b) all liabilities and obligations owing from such Credit Party to any Lender, or any Affiliate of a Lender, arising under Hedging Agreements.

  • Lender Creditors shall have the meaning provided in the recitals of this Agreement.

  • Bank Product Provider means Xxxxx Fargo or any of its Affiliates.