Derivative Application definition

Derivative Application means the application brought in Indiana Electrical Workers Pension Trust Fund IBEW and Laborers Local 100 and 397 Pension Fund v. Nortel Networks Corporation, Ontario Superior Court of Justice, Court File No. 49059 for leave pursuant to the Canada Business Corporations Act to commence a representative action in the name of and on behalf of Nortel against certain of the Released Parties.
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Examples of Derivative Application in a sentence

  • Other products of the Company may be altered or modified to produce Derivative Application Packages only in the event additional licenses have been purchased as provided in the End User Software License Agreement.

  • An Application Package shall be considered a Derivative Application Package so long as any portion of the Parameters or software programs associated with the modified Proprietary Application Package remain.

  • This portion of the motion to address the potential of the Receiver pursuing the Derivative Application was addressed on a preliminary basis in the First Report and adjourned by an Order of the Court pending further discussions between Harcourt and the Receiver.

  • It was alleged in the Derivative Application that when the Belmont Fund was established, Fanconi, Harcourt and the General Partner agreed that Harcourt, through Vontobel, would invest the Seed Capital directly in the Belmont Fund; however, instead of buying units of the Belmont Fund, Vontobel invested in the Segregated Portfolio.

  • In the First Report the Receiver advised this Honourable Court that it was investigating the claims in the Derivative Application and holding discussions with Harcourt with respect to the priority of the Vontobel Redemption Requests.

  • According to the Derivative Application, by investing directly in the Segregated Portfolio, Vontobel was able to remove its investment ahead of the Limited Partners, and at a favourable NAV.

  • In the Appointment Order, the Court ordered that the Derivative Application was to be dealt with by the Receiver and considered by the Court on the return of the Dissolution Hearing.

  • This report will:• describe activities of the Receiver;• review of the Segregated Portfolio’s financial position and estimated valuations;• review of the redemption requests of Vontobel and proposed settlement of Derivative Application (as herein defined);• review of funds held pending the resolution of the remaining disputed claims from the claims procedure (the “Disputed Claims”); and• describe certain of the Receiver’s next steps.

  • As discussed above, since its appointment the Receiver has continued to investigate the claims in the Derivative Application and to hold discussions with Harcourt with respect to the priority of the Vontobel Redemption Requests.

  • In addition to the Derivative Application that was sought by the Cross Applicants, correspondence was exchanged between Harcourt/Vontobel and the Counterparty (as shareholder in the Segregated Portfolio) in respect of the then proposed redemption requests.

Related to Derivative Application

  • Derivative Product means a written contract or agreement between the Authority and a Reciprocal Payor, which provides that the Authority’s obligations thereunder will be conditioned on the absence of (a) a failure by the Reciprocal Payor to make any payment required thereunder when due and payable, or (b) a default thereunder with respect to the financial status of the Reciprocal Payor; and:

  • Mobile Application means a specialized software program downloaded onto a wireless communication device.

  • Fee Application means an application for allowance and payment of a Fee Claim (including Claims for “substantial contribution” pursuant to section 503(b) of the Bankruptcy Code).

  • Account Application or “Application” shall mean the application, as may be amended from time to time, by which this Agreement is established between the Depositor (or following the death of the Depositor, the Beneficiary) and the Custodian. The statements contained therein shall be incorporated into this Agreement.

  • SAP Application(s) means all Packages (i.e. all Software and Third Party Software) licensed under the Agreement and/or SAP cloud services for which Customer has a valid subscription, excluding User Interfaces for ERP, SAP Technology Solutions and all database Packages.

  • Athlete Application means the form set by the NZOC that must be completed by any Athlete applying to be nominated and selected to the Games Team.

  • Software Application means a digital product or service as defined in Article 2, point 13, of Regulation (EU) …/… [on contestable and fair markets in the digital sector (Digital Markets Act)];

  • Access Application means an application for Access Rights as described in section 3.7;

  • Regulatory Approval Application means any application submitted to an appropriate Regulatory Authority seeking any Regulatory Approval.

  • FCC Applications means those applications and requests for waivers required to be filed with the FCC to obtain the approvals and waivers of the FCC pursuant to the Communications Act and FCC Rules necessary to consummate the transactions contemplated by this Agreement.

  • L/C Application means an application and agreement for the issuance or amendment of a Letter of Credit in the form from time to time in use by the L/C Issuer.

  • Complete application means a document prepared in

  • Development Application means the development application identified in Item 5 of Schedule 1 and includes all plans, reports models, photomontages, material boards (as amended supplemented) submitted to the consent authority before the determination of that Development Application.

  • Approval Application means a BLA, NDA or similar application or submission for a Product filed with a Regulatory Authority in a country or group of countries to obtain marketing approval for a biological or pharmaceutical product in that country or group of countries.

  • Derivative Positions means, with respect to a stockholder or any Stockholder Associated Person, any derivative positions including, without limitation, any short position, profits interest, option, warrant, convertible security, stock appreciation right, or similar right with an exercise or conversion privilege or a settlement payment or mechanism at a price related to any class or series of shares of the Corporation or with a value derived in whole or in part from the value of any class or series of shares of the Corporation, whether or not such instrument or right shall be subject to settlement in the underlying class or series of capital stock of the Corporation or otherwise and any performance-related fees to which such stockholder or any Stockholder Associated Person is entitled based, directly or indirectly, on any increase or decrease in the value of shares of capital stock of the Corporation;

  • Project Application means the federal Section 5311 operating assistance project application submitted by the Municipal Corporation to, and as approved by the Commissioner for the Project described in Appendix C of this Agreement, including all project supporting information submitted therewith.

  • Creation Application means an application by a Participating Dealer for the creation and issue of Units in an Application Unit size (or whole multiples thereof) in accordance with the Operating Guidelines and the Trust Deed.

  • Client Application means an application developed by Licensee that a) utilizes the Runtime Product, b) is installed fully on an end user’s machine, with all report processing local to that machine, and c) adds significant and primary functionality to the Runtime Product.

  • Third Party Applications means online, Web-based applications and offline software products that are provided by third parties and are identified as third-party applications, including but not limited to those listed on the AppExchange and the Reseller Application.

  • Derivatives Any exchange-traded or over-the-counter (i) forward, future, option, swap, cap, collar, floor or foreign exchange contract or any combination thereof, whether for physical delivery or cash settlement, relating to any interest rate, interest rate index, currency, currency exchange rate, currency exchange rate index, debt instrument, debt price, debt index, depository instrument, depository price, depository index, equity instrument, equity price, equity index, commodity, commodity price or commodity index, (ii) any similar transaction, contract, instrument, undertaking or security, or (iii) any transaction, contract, instrument, undertaking or security containing any of the foregoing.

  • Initial application means the Application first provided to MFA on or before an Application Deadline to request an allocation of Tax Credits.

  • Regulatory asset means an asset recorded on the books of an

  • Leave application date means the date on which a person granted stateless leave made an application to remain in the UK as a stateless person under the immigration rules (within the meaning given in section 33(1) of the Immigration Act 1971).

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

  • Derivative Work means a work that is based on one or more preexisting works (such as a revision, translation, dramatization, motion picture version, abridgment, condensation, enhancement, modification, or any other form in which preexisting work may be recast, transformed, or adapted) which, if created without the authorization of the copyright owner of the preexisting work, would constitute copyright infringement.

  • Planning Application means the application for [outline/full] planning permission dated [ ] bearing the Council’s reference number [ ];