Disqualifying Conduct means (A) the act or omission of Director was material to the matter giving rise to the Proceeding and (1) was committed in bad faith or (2) was the result of active and deliberate dishonesty, (B) Director actually received an improper personal benefit in money, property or services, or (C) in the case of any criminal Proceeding, Director had reason to believe that his conduct was unlawful.

Disqualifying Conduct means (i) acts were committed by Executive in bad faith or were the result of active and deliberate dishonesty by Executive and were material to the cause of action or (ii) that Executive personally gained in fact a financial profit or other advantage to which he was not legally entitled.

Disqualifying Conduct means (i) acts were committed by Director in bad faith or were the result of active and deliberate dishonesty by Director and were material to the cause of action or (ii) that Director personally gained in fact a financial profit or other advantage to which he was not legally entitled.

Examples of Disqualifying Conduct in a sentence

Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s Disqualifying Conduct.
In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s Disqualifying Conduct.
Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent's Disqualifying Conduct.
In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person's duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person's Disqualifying Conduct.
WM Advisors shall indemnify and hold harmless the Sub-Advisor from and against any and all claims, losses, liabilities or damages (including reasonable attorneys' fees and other related expenses), howsoever arising from or in connection with this Agreement or the performance by the Sub-Advisor of its duties hereunder; provided, however, that nothing contained herein shall require that the Sub-Advisor be indemnified for Disqualifying Conduct.

More Definitions of Disqualifying Conduct

Disqualifying Conduct means, as determined by the Company: (i) willful misconduct or gross negligence as to a material matter in connection with your duties; (ii) any act constituting material dishonesty or fraud with respect to the Company; (iii) the indictment for, conviction of, or a plea of guilty or nolo contendere to, a felony under applicable law; (iv) material violation of a material term of any written Company policy made available to you; (v) failure to attempt in good faith to (A) perform your duties in all material respects or (B) follow a clear, lawful and reasonable directive of the Board; or (vi) material breach of a fiduciary duty owed to the Company that has caused or could reasonably be expected to cause a material injury to the business; provided, that in no event shall your employment be terminated for Cause unless (A) an event or circumstance set forth in clauses (i), (ii), (iv) or (v) has occurred and the Company provides you with written notice after the Company has knowledge of the occurrence of existence of such event or circumstance, which notice reasonably identifies the event or circumstance that the Company believes constitutes Cause and (B) with respect to the events and circumstances set forth in clauses (iv) and (v) only, you fail to substantially cure the event or circumstance so identified within 30 days of the receipt of such notice; and

Disqualifying Conduct means conduct by any person who:

Disqualifying Conduct shall have the meaning given it in Article VII, Section 1(b) of this Declaration of Trust.

Disqualifying Conduct means an activity conducted on the property for which a criminal citation was issued, or a criminal prosecution initiated, for violation of a local, state, or federal law. For purposes of this definition, any activity must concern the property itself such that the activity did, or likely could, have an adverse impact on neighboring residents. Examples include, but are not limited to, (1) arson or attempted arson, (2) violent crimes committed on the property, or attempted on the property, involving the use of deadly force; (3) criminal abuse or abandonment of animals on the property, or harboring of dangerous animals on the property; (4) criminal disorderly conduct or sexual conduct committed on the property and witnessed by

Disqualifying Conduct means the occurrence, by any person who establishes, maintains, administers, oversees, manages, operates, or works at the subject massage establishment, of any of the following events within ten (10) years immediately preceding the date of filing of the application in question or, in the case of revocation or suspension proceedings, within ten (10) years of the date of notice of hearing pursuant to Section 5.07.410 (Notice of revocation ):

Disqualifying Conduct definition

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