based upon definition

based upon means the same thing in both clauses.” Id. at 37 (citations omitted). Accordingly, the Court held that “a suit against a foreign sovereign may proceed under clause two only if the ‘act performed in the United States in connection with a commercial activity of the foreign state elsewhere’ establishes a fact without which the plaintiff will lose.” Id. at 38 (quoting Nelson, 507 U.S. at 357).
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based upon means "based upon," "attributable to," "arising out of," "in connection with" or "in any way related to," with those terms having ascribed to them the fullest meanings under the law.
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based upon means “derived from” and because his discovery of the alleged fraud occurred prior to the public disclosure, his Complaint cannot be based upon that later-occurring event; (2) his Complaint contains more specific allegations than the public disclosure and these more specific allegations of fraud should not be subject to the bar; and (3) the public disclosure does not identify the unallowable costs as “false claims” while his Complaint constitutes the first use of the statutory lexicon. Fine made these same arguments in another appeal of a qui tam action. We found them to be without merit, rejected them, and do so again here. United States ex rel. Fine v. MK-Ferguson Co., Nos. 95-2011, 95- 2021, slip op. at 19 (10th Cir. — 1996).
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Related to based upon

  • Termination Upon a Change in Control means a termination of Officer’s employment with Corporation within 12 months following a “Change in Control” that constitutes a Termination Other Than For Cause described in Section 2.1(b).

  • Tax Event Upon Merger has the meaning specified in Section 5(b).

  • Debenture Tax Event" means a "Tax Event" as defined in the Indenture.

  • Investment Company Event means the receipt by the Debenture Issuer and the Trust of an opinion of counsel experienced in such matters to the effect that, as a result of the occurrence of a change in law or regulation or written change (including any announced prospective change) in interpretation or application of law or regulation by any legislative body, court, governmental agency or regulatory authority, there is more than an insubstantial risk that the Trust is or, within 90 days of the date of such opinion, will be considered an Investment Company that is required to be registered under the Investment Company Act which change or prospective change becomes effective or would become effective, as the case may be, on or after the date of the issuance of the Debentures.

  • B-BBEE status level of contributor means the B-BBEE status of an entity in terms of a code of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;