Delaware Derivative Action definition

Delaware Derivative Action means the shareholder derivative action titled Daniel v. Waldis, No. 2019-0189-JTL (Del. Ch.).
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Delaware Derivative Action means the derivative action now pending in the Court of Chancery of the State of Delaware, captioned “Xxxxxx Xxxxxx v. Xxxxxx X. Xxxx, et al.,” Civil Action No. 4399-CC. Settlement Agreement Case No. 06-04592 JF
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Delaware Derivative Action means the consolidated shareholder derivative action in the Delaware Court, captioned In re Diamond Foods, Inc. Deriv. Litig., Case No. 7657-CS (Del. Ch.).
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Examples of Delaware Derivative Action in a sentence

  • Ch.).On April 17, 2019, plaintiff LeBoeuf filed a motion to intervene and stay the Delaware Derivative Action.

  • To avoid duplicative efforts and to reduce costs related to the proposed settlement described below, the plaintiffs in the Delaware Derivative Action ("Derivative Action Plaintiffs") filed a complaint in this Court (the "Colorado Derivative Action") on October 17, 1997, captioned FRANK, ET AL.

  • On January 5, 2021, the Byroade Action and Mongiello Action were consolidated as the District of Delaware Derivative Action and stayed pending resolution of the defendants’ motion to dismiss in a related federal securities class action, captioned Michael Tollen v.

  • Upon approval of the Settlement by the Court in Colorado, the parties to the Derivative Action will dismiss the Delaware Derivative Action with prejudice based upon the dismissal in the Colorado Derivative Action.

  • The Delaware Derivative Action purports to allege that certain of the officers and directors of Resort breached their fiduciary duties to Resort, wasted Resort assets and that C.

  • The parties’ agreement was approved and entered by the Delaware Court on May 20, 2019.After the Court granted defendants’ motion for reconsideration and granted the motion to dismiss with leave to amend in the Related Federal Derivative Action, the parties to the Delaware Derivative Action agreed to continue the stay pending the defendants’ anticipated motion to dismiss any amended complaint filed in the Related Federal Derivative Action.

  • The Alpert Action and Frank Action were consolidated on August 21, 1995 (collectively referred to as the "Delaware Derivative Action").

  • The complaints in the Federal Derivative Action and the Delaware Derivative Action (collectively the "Derivative Actions") generally allege that Rite Aid's directors, including Alex Grass, Philip Neivert, Gerald Tsai, Jr., William J.

  • The complaint filed in the Colorado Derivative Action contains substantially similar allegations and claims as those asserted in the Delaware Derivative Action.

  • On June 8, 2021, the parties in the District of Delaware Derivative Action agreed to a further stay through resolution of Defendants’ then-forthcoming motion to dismiss in this Action.


More Definitions of Delaware Derivative Action

Delaware Derivative Action means the consolidated Alpert Action and Frank Action.
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Related to Delaware Derivative Action

  • Derivative Action means any Action brought by or in the right of the Corporation and/or an Affiliate.

  • Delaware LLC Act means the Delaware Limited Liability Company Act, as amended from time to time.

  • Administrative Action has the meaning set forth in paragraph 4(a) of Annex I.

  • Delaware LLC Division means the statutory division of any Delaware LLC into two or more Delaware LLCs pursuant to Section 18-217 of the Delaware Limited Liability Company Act.

  • Delaware LP Act means the Delaware Revised Uniform Limited Partnership Act.

  • Avoidance Action means any claim or cause of action of an Estate arising out of or maintainable pursuant to sections 502, 510, 541, 542, 543, 544, 545, 547, 548, 549, 550, 551, or 553 of the Bankruptcy Code or under any other similar applicable law, regardless of whether or not such action has been commenced prior to the Effective Date.

  • Tort action means a civil action for damages for injury, death, or loss to person or property other than a civil action for damages for a breach of contract or another agreement between persons or government entities.

  • Delaware LLC means any limited liability company organized or formed under the laws of the State of Delaware.

  • Delaware Business Trust Act means Chapter 38 of Title 12 of the Delaware Code, 12 Del. Code Section 3801 et seq., as it may be amended from time to time.

  • Avoidance Actions means any and all avoidance, recovery, subordination, or other claims, actions, or remedies that may be brought by or on behalf of the Debtors or their Estates or other authorized parties in interest under the Bankruptcy Code or applicable non-bankruptcy law, including actions or remedies under sections 502, 510, 542, 544, 545, 547 through 553, and 724(a) of the Bankruptcy Code or under similar or related state or federal statutes and common law, including fraudulent transfer laws.

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

  • Corrective Action Plan has the meaning set forth in Section II.A.2.

  • Derivative Transaction means any agreement, arrangement, interest or understanding entered into by, or on behalf or for the benefit of, any Proposing Shareholder or any of its affiliates or associates, whether of record or beneficial: (1) the value of which is derived in whole or in part from the value of any class or series of shares or other securities of the Company, (2) which otherwise provides any direct or indirect opportunity to gain or share in any gain derived from a change in the value of securities of the Company, (3) the effect or intent of which is to mitigate loss, manage risk or benefit of security value or price changes, or (4) which provides the right to vote or increase or decrease the voting power of, such Proposing Shareholder, or any of its affiliates or associates, with respect to any shares or other securities of the Company, which agreement, arrangement, interest or understanding may include, without limitation, any option, warrant, debt position, note, bond, convertible security, swap, stock appreciation right, short position, profit interest, hedge, right to dividends, voting agreement, performance-related fee or arrangement to borrow or lend shares (whether or not subject to payment, settlement, exercise or conversion in any such class or series), and any proportionate interest of such Proposing Shareholder in the securities of the Company held by any general or limited partnership, or any limited liability company, of which such Proposing Shareholder is, directly or indirectly, a general partner or managing member.

  • Delaware Divided LLC means any Delaware LLC which has been formed upon the consummation of a Delaware LLC Division.

  • Delaware UCC means the Uniform Commercial Code as in effect in the State of Delaware from time to time.

  • Litigation Trust Agreement means the trust agreement dated as of the Plan Implementation Date, between SFC and the Litigation Trustee, establishing the Litigation Trust.

  • Affirmative action means action appropriate to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity.

  • Adverse action means a home or remote state action.

  • Delaware Statutory Trust Act means Chapter 38 of Title 12 of the Delaware Code.

  • Short Derivative Instrument means a Derivative Instrument (i) the value of which generally decreases, and/or the payment or delivery obligations under which generally increase, with positive changes to the Performance References and/or (ii) the value of which generally increases, and/or the payment or delivery obligations under which generally decrease, with negative changes to the Performance References.

  • Quebec Action means the Quebec Action as defined in Schedule A.

  • Delaware Bank has the meaning specified in the preamble to this Trust Agreement.

  • Derivative Transactions means any swap transaction, option, warrant, forward purchase or sale transaction, futures transaction, cap transaction, floor transaction or collar transaction relating to one or more currencies, commodities, bonds, equity securities, loans, interest rates, prices, values, or other financial or non-financial assets, credit-related events or conditions or any indexes, or any other similar transaction or combination of any of these transactions, including any collateralized debt or equity instruments evidencing or embedding any such types of transactions, and any related credit support, collateral or other similar arrangements related to such transactions.

  • Litigation Trust means the trust to be established on the Plan Implementation Date at the time specified in section 6.4(p) in accordance with the Litigation Trust Agreement pursuant to the laws of a jurisdiction that is acceptable to SFC and the Initial Consenting Noteholders, which trust will acquire the Litigation Trust Claims and will be funded with the Litigation Funding Amount in accordance with the Plan and the Litigation Trust Agreement.

  • Regulatory Action means an administrative, regulatory, or judicial enforcement action, proceeding, investigation or inspection, FDA Form 483 notice of inspectional observation, warning letter, untitled letter, other notice of violation letter, recall, seizure, Section 305 notice or other similar written communication, injunction or consent decree, issued by the FDA or a federal or state court.

  • Company Owned Intellectual Property means all Intellectual Property owned by the Company.