FCPA Action definition

FCPA Action means (a) the internal investigation by the Audit Committee of the Board of Directors of the Administrative Borrower about, among other things, the legality under the Foreign Corrupt Practices Act of certain payments made prior to the Initial Closing Date by, or on behalf of, certain Foreign Subsidiaries of the Administrative Borrower to third parties interacting with government officials in Africa, including payments related to the payment of taxes, the importing of equipment and the employment of expatriates and (b) the related review and settlement of these matters by the United States Department of Justice and the Securities and Exchange Commission, including both the payment of a monetary fine and the disgorgement of any improper benefits realized by the Administrative Borrower and its Subsidiaries.
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Examples of FCPA Action in a sentence

  • FCPA Action Level Tests We begin by examining the Proportionality claim that the most severe sanctions will be imposed in actions involving the most culpable defendants where culpability is measured by factors that enhance recommended penalties under the Sentencing Guidelines, including the egregiousness and extensiveness of the wrongdoing and whether the defendants voluntarily reported their wrongdoing and cooperated with authorities.

  • On June 2, 2021, Cognizant’s counsel requested an opportunity to respond to Mr. Schwartz’s motion in the FCPA Action.

  • N.J.) (the “Derivative Action” and, together with the FCPA Action, the SEC Action, and the Class Action, the “Proceedings”).

  • In the Court’s Advancement Orders, this Court retained jurisdiction to enforce the Court’s determination that the conclusive presumption applies to the Bohrer Firm’s legal expenses incurred in defending Mr. Schwartz in the SEC Action and FCPA Action.

  • This motion is currently pending before the Court in the FCPA Action.

  • Furthermore, the Court held that this “conclusive presumption” would “apply to future invoices of the Bohrer firm” in the FCPA Action and SEC Action.

  • Failure to furnish such notice within the said period shall not invalidate any claims provided that it is shown not to havebeen reasonably possible to furnish such notice and that such notice was furnished as soon as was reasonably possible.

  • The Court held that the Indemnification Agreement’s provision that any written demand by Mr. Schwartz for advances of fees and expenses certified by counsel as being reasonable “shall be presumed conclusively to be reasonable,” Ex. G at § 2(b)(vi)(g) (the “conclusive presumption”), and applied to all of the Bohrer Firm’s bills in the FCPA Action and the SEC Action except for a “contract attorney issue” that the Court carved out as the sole issue for trial.

  • First, Mr. Schwartz and his counsel in the Proceedings are now required to defend a fifth action while preparing for trial in the FCPA Action.

Related to FCPA Action

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

  • Adverse action means a home or remote state action.

  • resolution action means the decision to place an institution or entity referred to in point (b), (c) or (d) of Article 1(1) under resolution pursuant to Article 32 or 33, the application of a resolution tool, or the exercise of one or more resolution powers;

  • 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.

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

  • Transaction Litigation has the meaning set forth in Section 5.2(d).

  • Response Action means the investigation, cleanup, removal, remediation, containment, control, abatement, monitoring of or any other response action to the presence of Regulated Substances or Contamination in, on, at, under or emanating from the Stadium Site, including the correction or abatement of any violation required pursuant to Environmental Laws or by a Governmental Authority.

  • Class Action means a legal action:

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

  • Tax Action means any claim, action, suit, complaint, arbitration, audit, investigation, review, assessment, notice of deficiency or other proceeding relating to any Tax or Return by or before any Tax Authority.

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

  • Environmental Action means any action, suit, demand, demand letter, claim, notice of non-compliance or violation, notice of liability or potential liability, investigation, proceeding, consent order or consent agreement relating in any way to any Environmental Law, Environmental Permit or Hazardous Materials or arising from alleged injury or threat of injury to health, safety or the environment, including, without limitation, (a) by any governmental or regulatory authority for enforcement, cleanup, removal, response, remedial or other actions or damages and (b) by any governmental or regulatory authority or any third party for damages, contribution, indemnification, cost recovery, compensation or injunctive relief.

  • Adverse employment action means an action that affects an em- ployee ’s compensation, promotion, transfer, work assignment, or performance evaluation, or any other employment action that would dissuade a reasonable employee from making or supporting a report of abuse or neglect under Family Code 261.101.

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

  • Bankruptcy Action shall have the meaning assigned to such term in Section 4.5(a).

  • Class Action Waiver BY ENTERING INTO THIS CONTRACT, YOU ARE GIVING UP YOUR RIGHT TO ARBITRATE OR LITIGATE IN COURT ANY DISPUTE OR CLAIM AS A CLASS ACTION OR COLLECTIVE ACTION, EITHER AS A CLASS REPRESENTATIVE OR MEMBER OR COLLECTIVE ACTION PARTICIPANT. YOU FURTHER AGREE THAT YOUR RIGHTS AS A CONSUMER UNDER THE CCPA ARE NEITHER WAIVED NOR IMPAIRED BY VIRTUE OF PROCEEDING IN A NON-CLASS, NON-CONSOLIDATED AND NON-JOINT ARBITRATION AUTHORIZED UNDER THIS AGREEMENT, NOR SHALL PROCEEDING IN A NON-CLASS, NON-COLLECTIVE OR NON-CONSOLIDATED AND NON-JOINT ARBITRATION BE DEEMED OR DETERMINED TO CONSTITUTE A WAIVER OR IMPAIRMENT OF YOUR RIGHTS. IN THE EVENT AN ARBITRATOR DEEMS THIS CLASS ACTION WAIVER INVALID, THEN THE ARBITRATION PROVISION ABOVE SHALL BE NULL AND VOID. Waiver of Right to Trial by Jury: IN ARBITRATION, EACH PARTY EXPRESSLY AND IRREVOCABLY WAIVES THEIR RIGHT TO A TRIAL BY JURY OF ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING CLAIMS ARISING UNDER THE CALIFORNIA CONSUMER PRIVACY ACT OR ANY OTHER FEDERAL OR STATE LAWS. Force Majeure, Uncontrollable Circumstances: XOOM will not be responsible for supplying gas in the event of circumstances beyond its control such as events of Force Majeure, including but not limited to, acts of terrorism, sabotage, or acts of God. XOOM may cancel this Agreement if there is any change in regulation, law, pricing structure, tariff, or change in procedure required by a third party that results in XOOM being prevented, prohibited, or frustrated from carrying out the terms of this Agreement.

  • Enforcement Action means any action of any kind to:

  • Third Party Action means any suit or proceeding by a person or entity other than a Party for which indemnification may be sought by a Party under Article VI.

  • Disciplinary Action means any action that can be taken on the completion of / during the investigation proceedings including but not limiting to a warning, imposition of fine, suspension from official duties or any such action as is deemed to be fit considering the gravity of the matter.

  • 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.

  • 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.

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

  • 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.

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

  • Environmental Actions means any complaint, summons, citation, notice, directive, order, claim, litigation, investigation, judicial or administrative proceeding, judgment, letter, or other communication from any Governmental Authority, or any third party involving violations of Environmental Laws or releases of Hazardous Materials from (a) any assets, properties, or businesses of any Borrower or any predecessor in interest, (b) from adjoining properties or businesses, or (c) from or onto any facilities which received Hazardous Materials generated by any Borrower or any predecessor in interest.

  • Governmental Action means all authorizations, consents, approvals, waivers, exceptions, variances, orders, licenses, exemptions, publications, filings, notices to and declarations of or with any Governmental Authority (other than requirements the failure to comply with which will not affect the validity or enforceability of any Loan Document or have a material adverse effect on the transactions contemplated by any Loan Document or any material rights, power or remedy of any Person thereunder or any other action in respect of any Governmental Authority).