Related to Kansas Litigation
Person means any individual, corporation, limited liability company, partnership, joint venture, association, joint-stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
Exchange Act means the Securities Exchange Act of 1934, as amended.
Affiliate of any specified Person means any other Person directly or indirectly controlling or controlled by or under direct or indirect common control with such specified Person. For the purposes of this definition, “control” when used with respect to any specified Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.
Business Day means any day except any Saturday, any Sunday, any day which is a federal legal holiday in the United States or any day on which banking institutions in the State of New York are authorized or required by law or other governmental action to close.
U.S. Litigation means the consolidated class action proceedings, in which a plaintiff alleges that certain auto parts manufacturers rigged bids for, and/or conspired to raise, fix, maintain or stabilize the prices of High Intensity Discharge Ballasts, in which the Settling Defendants are named as parties, currently pending in the United States District Court for the Eastern District of Michigan, Southern Division, including the actions under the captions In re Automotive Parts Antitrust Litigation, HID Ballasts Cases, Case No. 2:13-cv-01701 (MOB), In re Automotive Parts Antitrust Litigation, HID Ballasts Cases, Case No. 2:13-cv-01702 (MOB), In re Automotive Parts Antitrust Litigation, HID Ballasts Cases, Case No. 2:13-cv-01703 (MOB), and includes all class actions transferred by the Judicial Panel for Multidistrict Litigation for coordination, all class actions pending such transfer, all class actions that may be transferred in the future and all class proceedings alleging price-fixing of High Intensity Discharge Ballasts, to the extent that the Settling Defendants are named as parties.
Existing Litigation see Section 10.1.3.
Lawsuit shall have the meaning set forth in the recitals hereto.
Pending Litigation means the litigation matters that are described under “CPS – Recent Developments” in the Confidential Private Placement Memorandum dated as of March 10, 2014.
Transaction Litigation has the meaning set forth in Section 6.11.
Civil action means all suits or claims of a civil nature in a state or federal court, whether cognizable as cases at law or in equity or admiralty. "Civil action" does not include any of the following:
Litigation has the meaning ascribed to it in Section 3.13.
Arbitration means any arbitration whether or not administered by a permanent arbitral institution;
Commissioners Court means the governing body of the County.
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.
Trust-Related Litigation As defined in Section 3.32.
Litigation Control As defined in Section 3.32.
Defendants’ Counsel means Sullivan & Cromwell LLP; Morris, Nichols, Arsht & Tunnell LLP; Gibson, Dunn & Crutcher LLP; Richards, Layton & Finger, P.A.; Wachtell, Lipton, Rosen & Katz; Seitz Ross Aronstam & Moritz LLP; and Skadden, Arps, Slate, Meagher & Flom LLP.
Complaint Investigation means an investigation of any complaint that has been made to a proper authority that is not covered by an abuse investigation.
Legal Action has the meaning set forth in Section 3.6(g).
Defendants’ Releasees means Activision, Defendants, defendants in the Miller Action, and any other current or former officer, director, or employee of Activision or of Vivendi, and their respective past, present, or future family members, spouses, heirs, trusts, trustees, executors, estates, administrators, beneficiaries, distributees, foundations, agents, employees, fiduciaries, partners, partnerships, general or limited partners or partnerships, joint ventures, member firms, limited liability companies, corporations, parents, subsidiaries, divisions, affiliates, associated entities, stockholders, principals, officers, directors, managing directors, members, managing members, managing agents, predecessors, predecessors-in-interest, successors, successors-in-interest, assigns, financial or investment advisors, advisors, consultants, investment bankers, entities providing any fairness opinion, underwriters, brokers, dealers, financing sources, lenders, commercial bankers, attorneys, personal or legal representatives, accountants, associates and insurers, co-insurers and re-insurers except with respect to claims by any Defendant or Nominal Defendant against such insurer, co-insurer, or re-insurer that have not otherwise been released pursuant to other documentation.
Material Litigation is defined in Section 6.7.
Plaintiffs’ Counsel means Lead Counsel and all other legal counsel who, at the direction and under the supervision of Lead Counsel, performed services on behalf of the Settlement Class in the Action.
Patent Prosecution means the responsibility and authority for (a) preparing, filing and prosecuting applications (of all types) for any Patent, (b) paying, filing and maintenance fees relating to any Patent, (c) managing any interference, opposition, re-issue, reexamination, revocation, nullification, or cancellation proceeding relating to the foregoing, (d) deciding to abandon Patent(s) and (e) settling any interference, opposition, revocation, nullification or cancellation proceeding.
Superior Court means a provincial or local division of the Supreme Court established under the Supreme Court Act, 1959 (Act 59 of 1959);
Defendants means all of the Individual Defendants and the Corporate Defendants, individually, collectively, or in any combination.