Fraud Claim definition
Fraud Claim means any claim based in whole or in part upon fraud, willful misconduct or intentional misrepresentation.
Fraud Claim means any claim based upon intentional fraud as defined under the common law of the State of Delaware.
Fraud Claim means any Action to the extent based upon Fraud.
Examples of Fraud Claim in a sentence
All representations and warranties of the Parties contained in this Agreement (including all schedules and exhibits hereto and all certificates, documents and instruments furnished pursuant to this Agreement on or after the Signing Date), shall terminate at, and not survive, the Closing and no claim (including any Fraud Claim) for indemnification or breach of contract may be made with respect thereto.
More Definitions of Fraud Claim
Fraud Claim means any claim based in whole or in part upon fraud (which means, with respect to any Person, the making of a statement of fact in the express representations and warranties set forth in this Agreement or any certificate delivered pursuant hereto, with the intent to deceive another Person and which requires the elements defined by Delaware common law) against the Person who committed a fraud, which such claim can only be brought by the Person alleged to have suffered from such alleged fraud. In no event shall fraud hereunder or a Fraud Claim include any claim for equitable fraud, promissory fraud, unfair dealings fraud, or any torts (including a claim for fraud) based on negligence or recklessness.
Fraud Claim means any claim, to the extent based on fraud or on an action constituting a material breach of this Agreement taken intentionally by a Warrantor with the actual knowledge that such action was a breach of this Agreement, including the making of a false representation by Warrantor hereunder with the actual knowledge that such representation was false, with the intention by Warrantor to induce reliance on such action and upon which Purchaser did in fact rely, resulting in the claimed Losses.
Fraud Claim means a claim that the Debtors fraudulently induced the Claimant to settle one or more Claims of Abuse prior to the Petition Date. Fraud Claims are listed on Exhibit 2.63; provided, however, that any Claim not listed on Exhibit 2.63 may be characterized as a Fraud Claim pursuant to further Order of the Bankruptcy Court.
Fraud Claim means a claim against a Person for fraud, as defined under the Laws of the State of Delaware (excluding any theories of equitable or constructive fraud or negligent misrepresentation), of such Person with respect to the making of the representations and warranties of such Person set forth in this Agreement when made; provided, that no Person shall be liable for or as a result of any other Person’s fraud.
Fraud Claim means any claim based in whole or in part upon fraud, willful misconduct or intentional misrepresentation. “GAAP” means generally accepted accounting principles as in effect in the United States of America.
Fraud Claim means a claim that a Debtor fraudulently induced the Claimant to settle one or more claims of Abuse prior to the Petition Date. Fraud claims are listed on Exhibit 2.62 to the Plan.
Fraud Claim means any claim, to the extent based on fraud or on an action constituting a material breach of this Agreement taken intentionally by the Seller with the actual knowledge that such action was a breach of this Agreement, including the making of a false representation by the Seller hereunder with the actual knowledge that such representation was false, with the intention by the Seller to induce reliance on such action and upon which the Purchaser did in fact rely, resulting in actual Losses.