Commence Legal Action definition

Commence Legal Action means assert, participate in or bring, or join any other creditor of Kroll or the other Borrowers (other than Foothill) in asserting, participating in or bringing any sort of action, suit or proceeding (including, without limitation, any Insolvency Proceeding) either at law or in equity for the enforcement, collection or realization on the whole, or any part of, the Palisade Debt or the Collateral.
Commence Legal Action assert or participate in, or bring any legal action (including any bankruptcy or insolvency proceeding) either at law or in equity for the enforcement, collection or realization on all or any part of the Subordinated Debt from or against Dynavax or exercise any right of offset against amounts owing to Dynavax or any property of Dynavax at any time held by the Subordinating Creditor.
Commence Legal Action means (i) as to Senior Creditors, asserting, participating in or bringing any sort of action, suit or proceeding (including without limitation any insolvency proceeding) either at law or in equity for the enforcement, collection or realization of all, or any part of, the Senior Debt, and (ii) as to Junior Creditor, asserting, participating in or bringing any sort of action, suit or proceeding (including without limitation any insolvency proceeding) either at law or in equity for the enforcement, collection or realization of all, or any part of, the Subordinated Debt. “Commencing Legal Action” and “Commenced Legal Action” shall have the same meaning as Commence Legal Action.

Examples of Commence Legal Action in a sentence

  • If the Subordinating Creditors, in violation of this Subordination Agreement, shall Commence Legal Action against an Applicable Debtor, such Applicable Debtor may interpose as a defense or dilatory plea the making of this Subordination Agreement, and the Secured Parties are hereby irrevocably authorized to intervene and to interpose such defense or plea in their names or in the name of the related Applicable Debtor.

  • If Foothill takes any Lien Enforcement Action prior to the expiration of the Insolvency Extension Period, then the Collateral Agent shall not take any Lien Enforcement Action or Commence Legal Action.).

  • Request Approval, Resolution to Commence Legal Action to Abate County Code Violations : A motion was made, seconded and passed to approve Resolution No. 2006-12 – A Resolution Requesting The Prosecuting Attorne y To Commence Legal Action To Abate County Code Violations Constituting A Public Nuisance On Real Property Situated At 850 Monte-Elma Road and 864 Monte-Elma Road.

  • If the Collateral Agent or the Investors, in violation of this Agreement, shall Commence Legal Action against Kroll or any other Borrower, Kroll or any Borrower (as applicable) may interpose as a defense or dilatory plea the making of this Agreement, and Foothill is hereby irrevocably authorized to intervene and to interpose such defense or plea in its name or in the name of Kroll or any other Borrower.

  • Request Approval, Resolution to Commence Legal Action to Abate County Code Violations Constituting a Public Nuisance: A motion was made, seconded and passed to approve Resolution No. 2006-15 – A Resolution Requesting The Prosecuting Attorney To Commence Legal Action To Abate County Code Violations Constituting A Public Nuisance On Real Property Situated At 1542 State Route 105.

  • Request Approval, Resolution authorizing legal action in superior court to abate a public nuisance at 121 Stillson Road: A motion was made, seconded and passed to approve Resolution No. 2008-37- Requesting the Prosecuting Attorney to Commence Legal Action to Abate County Code Violations Constituting a Public Nuisance on Real Property Located at 120 Stillson Road, McCleary, Washington.

  • A motion was made, seconded and passed to approve Resolution No. 2008-30 – A Resolution Requesting the Prosecuting Attorney to Commence Legal Action to Abate County Code Violations Constituting a Public Nuisance on Real Property Located at 21 Griffard Street, Copalis Beach, Washington.

  • Program Sponsor 8Employer Identification Number (EIN) 8Program Year 9No Guarantee of Employment 9Reservation of Right to Amend or Terminate Program 9Assignment of Benefits 9Funding 9Program Administrator 9Limitations Period to Commence Legal Action 10Agent for Service of Legal Process 10 INTRODUCTIONThis document replaces the Summary Program Description (SPD) for the Nationwide Retiree Health Care Company Credit Program (Program).

  • Request Approval, Resolution authorizing legal action in superior court to abate a public nuisance at 114 Johns River Road: A motion was made, seconded and passed to approve Resolution No. 2008-40- Requesting the Prosecuting Attorney to Commence Legal Action to Abate County Code Violations Constituting a Public Nuisance on Real Property Located at 114 Johns River Road, McCleary, Washington.

  • Request Approval, Resolution Authorizing Abatement Action at 292 U.S. Highway 101: A motion was made, seconded and passed to authorize Resolution No. 2008-93, Requesting the Prosecuting Attorney to Commence Legal Action to Abate County Code Violations Constituting a Public Nuisance on Real Property Located at 292 US Hwy.

Related to Commence Legal Action

  • Legal Action means and includes any claim, counterclaim, demand, action, suit, counterclaim, arbitration, inquiry, proceeding or investigation before any

  • Lawsuit means any lawsuit, arbitration or other dispute resolution filed by either party herein pertaining to any of this Warrant, the Facility Agreement and the Registration Rights Agreement.

  • Informal proceedings means proceedings for probate of a will or appointment of a personal representative conducted by the probate register without notice to interested persons.

  • Legal Proceedings means any judicial, administrative or arbitral actions, suits, proceedings (public or private) or governmental proceedings.

  • Commenced means that an owner or operator has undertaken a continuous program of construction or modification or that an owner or operator has entered into a binding agreement or contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or modification.

  • Litigation means any action, suit or proceeding before any court, mediator, arbitrator or Governmental Authority.

  • legal or administrative action means any legal proceeding or arbitration and any administrative or regulatory action or investigation;

  • Formal proceedings means proceedings conducted before a judge with notice to interested persons.

  • Environmental Proceedings means any judicial or administrative proceedings arising from or in any way associated with any Environmental Requirement.

  • Adjudicative proceeding means the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.

  • Civil action means all suits or claims of a civil nature in a state or federal court, whether cognizable as cases at law or in equity or admiralty. "Civil action" does not include any of the following:

  • criminal proceedings means criminal proceedings in relation to which the strict rules of evidence apply;

  • CCAA Proceedings means the proceedings commenced by the Applicant under the CCAA as contemplated by the Initial Order;

  • Complaint Investigation means an investigation of any complaint that has been made to a proper authority that is not covered by an abuse investigation.

  • Initiated means start or ignite a fire or reignite or rekindle a fire.

  • Threatened litigation as used herein shall include governmental investigations and civil investigative demands. “Litigation” as used herein shall include administrative enforcement actions brought by governmental agencies. The Contractor must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, “material” refers, but is not limited, to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Contract or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the Contractor’s financial condition.

  • Improper governmental action means any action by a district officer or employee:

  • Adjudicatory hearing means a hearing to determine:

  • Infringement Action has the meaning set forth in Section 9.6(b).

  • Adjudicatory proceeding means a contested case, a proceeding that may culminate in a contested case, a petition for declaratory order, a petition for expedited resolution of a negotiability dispute, or any other proceeding which may require the board or its designee to issue a decision, order, or ruling.

  • civil proceedings means any proceedings in or before any court or tribunal that are not criminal proceedings;

  • Professional Claim means an Administrative Claim of a Professional for compensation for services rendered or reimbursement of costs, expenses, or other charges and disbursements incurred relating to services rendered or expenses incurred after the Petition Date and prior to and including the Confirmation Date.

  • Action shall have the meaning ascribed to such term in Section 3.1(j).

  • 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.

  • Complaints Procedure means the School's procedure for handling complaints from parents, as amended from time to time for legal or other substantive reasons, or in order to assist the proper administration of the School. It does not form part of the contract between you and the School. A copy of the most up-to-date procedure is on the School's website and is otherwise available from the School at any time upon request;

  • 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.