Joint Litigation Matter definition

Joint Litigation Matter means each Action (i) in which both a LE Entity and a SHC Entity are named as defendants or in which one or more officers or directors of any LE Entity and one or more officers or directors of any SHC Entity are named as defendants that is a LE Assumed Transaction Liability or (ii) that primarily relates to, arises out of or results from the LE Business, the LE Liabilities, the LE Assets (including product returns and other product Liability, litigation matters that have been commenced on or before the Effective Time and any Liabilities relating to, arising out of or resulting from the items set forth on Schedule B) or any actions, inactions, events, omissions, conditions, facts or circumstances by or under the control of a LE Entity that SHC believes (in its sole and absolute discretion) the unfavorable resolution of which could have an adverse effect on any SHC Entity or any of its Businesses; provided that for the avoidance of doubt, none of the Actions set forth on Schedule D (or any Actions arising out of such Actions or relating thereto) shall be deemed Joint Litigation Matters.
Joint Litigation Matter means each Action (i) in which both a LE Entity and a SHC Entity are named as defendants or in which one or more officers or directors of any LE Entity and one or more officers or directors of any SHC Entity are named as defendants that is a LE Assumed Transaction Liability or(ii) that primarily relates to, arises out of or results from the LE Business, the LE Liabilities, the LE Assets (including product returns and other product Liability, litigation matters that have been commenced on or before the Effective Time and any Liabilities relating to, arising out of or resulting from the items set forth on Schedule B) or any actions, inactions, events, omissions, conditions, facts or circumstances by or under the control of a LE Entity that SHC believes (in its sole and absolute discretion) the unfavorable resolution of which could have an adverse effect on any SHC Entity or any of its Businesses; provided that for the avoidance of doubt, none of the Actions set forth on Schedule D (or any Actions arising out of such Actions or relating thereto) shall be deemed Joint Litigation Matters.
Joint Litigation Matter means any Claim brought on or before the Demerger Date by or against any member of the Telecom Group that relates both to the Retained Business and the Demerged Business (excluding, for the avoidance of doubt, Vested Litigation Matters, Chorus Litigation Matters and Telecom Litigation Matters);

Examples of Joint Litigation Matter in a sentence

  • If any party hereto or any members of its Group receives notice or otherwise learns of the assertion of a Joint Litigation Matter, such party or member of its Group shall give the other party hereto written notice of such Joint Litigation Matter in reasonable detail.

  • The failure to give notice under this subsection shall not relieve any party hereto (or any member of its Group) its Liability for any Joint Litigation Matter as provided hereunder or under any Ancillary Agreement, except to the extent such party is actually prejudiced by the failure to give such notice.

  • Each Party shall bear its own costs and expenses in connection with any such Joint Litigation Matter.

  • The parties hereto shall be deemed to be on notice of any Joint Litigation Matter pending prior to the Effective Time.

  • The fees payable for subdivision and development applications are prescribed in Table 12.

  • New Telecom and New Chorus will share the Costs incurred in relation to each Joint Litigation Matter on and from the Demerger Date in proportion to the extent to which the benefits or liabilities accruing from such Joint Litigation Matter relate to the Retained Business, or to the Demerged Business (as the case may be).

  • To the extent that there is any disagreement between New Telecom and New Chorus in relation to any aspect of the management of the Joint Litigation Matter, the reasonable requirements and directions of the party managing the Joint Litigation Matter are to prevail.

  • On and from the Demerger Date, and subject to clause 12.12, New Telecom or New Chorus (as appropriate) will cause each Joint Litigation Matter to be managed by New Chorus (if the Joint Litigation Matter relates primarily to the Demerged Business) or New Telecom (if the Joint Litigation Matter relates primarily to the Retained Business).


More Definitions of Joint Litigation Matter

Joint Litigation Matter means each Action commenced before the Distribution Date that involves as a named party one or more members of the SDS Group or the Availability Group and is not an Availability Litigation Matter or an SDS Litigation Matter.
Joint Litigation Matter has the meaning set forth in Section 7.07.
Joint Litigation Matter means each Action (i) in which both a EATC NV Entity and a EATC UT Entity are named as defendants or in which one or more officers or directors of any EATC NV Entity and one or more officers or directors of any EATC UT Entity are named as defendants that is a EATC NV Assumed Transaction Liability or (ii) that primarily relates to, arises out of or results from the EATC NV Business, the EATC NV Liabilities, the EATC NV Assets or any actions, inactions, events, omissions, conditions, facts or circumstances by or under the control of a EATC NV Entity that EATC UT believes (in its sole and absolute discretion) the unfavorable resolution of which could have an adverse effect on any EATC UT Entity or any of its Businesses.
Joint Litigation Matter means each Action (i) in which both ACC and a HyperScale Entity are named as defendants or in which one or more officers or directors of ACC and one or more officers or directors of any HyperScale Entity are named as defendants that is an ACC Assumed Transaction Liability or (ii) that primarily relates to, arises out of or results from ACC's Business, Liabilities, or Assets (including product returns and other product Liability, litigation matters that have been commenced on or before the Effective Time and any Liabilities relating to, arising out of or resulting from the items set forth on Schedule B) or any actions, inactions, events, omissions, conditions, facts or circumstances by or under the control of ACC that HyperScale believes (in its sole and absolute discretion) the unfavorable resolution of which could have an adverse effect on any HyperScale Entity or any of its Businesses; provided that for the avoidance of doubt, none of the Actions set forth on Schedule D (or any Actions arising out of such Actions or relating thereto) shall be deemed Joint Litigation Matters.

Related to Joint Litigation Matter

  • Litigation Claims means the claims, rights of action, suits or proceedings, whether in law or in equity, whether known or unknown, that any Debtor or any Estate may hold against any Person or Entity, including, without limitation, the Causes of Action of the Debtors or their Estates, in each case solely to the extent of the Debtors’ or their Estates’ interest therein. A non-exclusive list of the Litigation Claims held by the Debtors as of the Effective Date will be Filed with the Plan Supplement, which will be deemed to include any derivative actions filed against any Debtor as of the Effective Date.

  • Pending Litigation means a proceeding in a court of law whose activity is in progress but not yet completed.

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

  • 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.

  • Tax Contest means an audit, review, examination, or any other administrative or judicial proceeding with the purpose or effect of redetermining Taxes (including any administrative or judicial review of any claim for refund).

  • Unresolved Claims has the meaning set forth in Section 7.6(c).

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Litigation means any action, suit or proceeding before any court, mediator, arbitrator or Governmental Authority.

  • Indemnification Claim has the meaning set forth in Section 10.3.

  • Tax Matter has the meaning set forth in Section 7.01.

  • Unresolved Claim means a Claim, which at the relevant time, in whole or in part: (a) has not been Finally Determined to be a Proven Claim in accordance with the Amended Claims Procedure Order and this Plan; (b) is validly disputed in accordance with the Amended Claims Procedure Order; and/or (c) remains subject to review and for which a Notice of Allowance or Notice of Revision or Disallowance (each as defined in the Amended Claims Procedure Order) has not been issued to the Creditor in accordance with the Amended Claims Procedure Order as at the date of this Plan, in each of the foregoing clauses, including both as to proof and/or quantum;

  • Third Party Infringement Claim has the meaning set forth in Section 5.4.

  • Indemnification Claim Notice has the meaning set forth in Section 11.3.

  • Third Party Claim has the meaning set forth in Section 7.05(a).

  • Third Party Claim Notice shall have the meaning set forth in Section 6.5(a).

  • dispute resolution proceeding ’ means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate;

  • Disclosed Litigation has the meaning specified in Section 3.01(b).

  • Joint Remediation Committee has the meaning set forth in Section II.A.2.

  • Indemnified Claims shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor’s subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard.

  • Tax Proceeding has the meaning set forth in Section 5.2(a).

  • Third party claimant means any individual, corporation, association, partnership, or other legal entity asserting a claim against any individual, corporation, association, partnership, or other legal entity insured under an insurance policy or insurance contract.

  • Agreement Disputes shall have the meaning set forth in Section 6.1.

  • Infringement Claim means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright.

  • Third Party Infringement has the meaning set forth in Section 5.1.

  • Indemnified Matter has the meaning specified in Section 11.4 (Indemnities).

  • Indemnity Claim has the meaning set forth in Section 8.3.