Underlying Action definition

Underlying Action means a civil, criminal, or
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Underlying Action refers to the entire matter titled Xxxxxxxxxx XX Fund I, LLC v. City of Escondido, et al., in the Superior Court of the State of California, County of San Diego, Case No. 37-2020-00020856-CU-BC-NC, including the City’s Cross-Complaint.
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Underlying Action has the meaning referred to in Recital C of this Agreement.
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Examples of Underlying Action in a sentence

  • The Zalogas had further alleged that their attempts to resolve the dispute had caused the Insureds to violate the Zalogas’ First Amendment and Due Process rights.The Insureds notified Darwin about the Underlying Action.

  • Service Provider Deduction Per Pay Service Provider EMPLOYER: HARTLAND CONSOLIDATED SCHOOLS By: Dated: EMPLOYEE: Signature SERVICE PROVIDER: Dated: Dated: Signature Please Print Agent’s Name By signing above, Employee acknowledges receipt of attached Part 4, Additional Terms of Agreement.

  • The Mandamus Complaint was dismissed on June 5, 2006, though the court ordered that “upon proper application, the [Zalogas] shall be granted a hearing before the Moosic Zoning Hearing Board.”After Darwin denied coverage, the Insureds brought suit in the U.S. District Court for the Middle District of Pennsylvania, seeking a declaration that Darwin owed them a duty to defend and to indemnify with respect to the Underlying Action.

  • On December 23, 2010, Edward and Jeanne Zaloga brought a lawsuit against the Insureds under 42 U.S.C. § 1983 alleging violations of the Zalogas’ civil rights (Underlying Action).

  • Darwin filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), arguing that the Insureds had not demonstrated that the Underlying Action was covered by their policy for the reasons stated in the denial letter.

  • Borough of Moosic and various government officials, (4) the Mandamus Complaint, and (5) the Borough of Moosic’s motion to dismiss the Underlying Action.

  • Darwin explained that the Underlying Action and several other actions brought by the Zalogas were related claims under the policy.

  • The Underlying Action provided as factual background that the Zalogas lived next door to and, since 2005, had been in an ongoing dispute with Jack Williams Tire & Auto Service Center over land use issues.

  • Darwin denied coverage for the defense or indemnity of the Underlying Action in a letter dated June 2, 2011.

  • On January 15, 2014, Cathie Brady, Risk Manager for ProStaffing, advised Zurich that Roth had named OEM as a defendant in the Underlying Action.


More Definitions of Underlying Action

Underlying Action means Charles L. Williams, et al. v. Abex Corp., et al., Case No.
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Underlying Action means the antitrust action that has resulted or may result in a judgment that gives rise to a contribution claim.
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Underlying Action or “Litigation” shall mean the lawsuit styled Xxxxxx v. Joliet Cold Storage, LLC, Case No. 2019 L 000182, currently pending in the Court.
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Underlying Action or “Action” shall mean the lawsuit styled XxXxxxxx v. IKO Midwest, Inc., Case No. 2020 CH 05114, currently pending in the Circuit Court of Xxxx County, Illinois, County Department, Chancery Division.
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Underlying Action means the litigation entitled Karina Rios
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Related to Underlying Action

  • Underlying Asset means the object or underlying asset in a CFD which may be Currency Pairs (for FX Contracts), Equity Indices, base or precious Metals, Forwards, Commodities, Stocks, Shares Indices and Futures. It is understood that the list is subject to change and Clients must refer each time on the Trading Platform.

  • Underlying Assets With respect to a Loan, any property or other assets designated and pledged as collateral to secure repayment of such Loan, including, without limitation, to the extent provided for in the relevant Underlying Instruments, a pledge of the stock, membership or other ownership interests in the related Obligor and all Proceeds from any sale or other disposition of such property or other assets.

  • Underlying Note means the one or more promissory notes executed by an obligor evidencing a Loan.

  • Underlying Collateral means, with respect to a Loan Asset, any property or other assets designated and pledged or mortgaged as collateral to secure repayment of such Loan Asset, as applicable, including, without limitation, mortgaged property and/or a pledge of the stock, membership or other ownership interests in the related Obligor and all proceeds from any sale or other disposition of such property or other assets.

  • Purchase Transaction means a purchase of scrap metal, or the purchase of property described in section 10 if the knowing purchase or offer to purchase that property is not prohibited by that section, by a scrap metal dealer. The term does not include any of the following:

  • Additional Purchased Securities Securities provided by Seller to Buyer pursuant to Paragraph 4(a) hereof;

  • Underlying Agreement means an agreement that is an underlying agreement for the purposes of paragraph 48 or Schedule 6 to the Act.

  • Additional Purchased Assets shall have the meaning set forth in Subsection 3(a).

  • Underlying Documents means, together, the Contracts, the Refund Guarantees, the Supervision Agreements and the Management Agreements and “Underlying Document” means any of them.

  • Underlying Securities Issuer With respect to an Underlying Security, the issuer thereof (including, if applicable, the guarantor of the Underlying Security), as identified in the Underlying Securities Schedule.

  • Underlying Obligor means with respect to an Underlying Obligation, the issuer in the case of a Bond, the borrower in the case of a Loan, or the principal obligor in the case of any other Underlying Obligation.

  • Derivative Transaction means any agreement, arrangement, interest or understanding entered into by, or on behalf or for the benefit of, any Proposing Shareholder or any of its affiliates or associates, whether of record or beneficial: (1) the value of which is derived in whole or in part from the value of any class or series of shares or other securities of the Company, (2) which otherwise provides any direct or indirect opportunity to gain or share in any gain derived from a change in the value of securities of the Company, (3) the effect or intent of which is to mitigate loss, manage risk or benefit of security value or price changes, or (4) which provides the right to vote or increase or decrease the voting power of, such Proposing Shareholder, or any of its affiliates or associates, with respect to any shares or other securities of the Company, which agreement, arrangement, interest or understanding may include, without limitation, any option, warrant, debt position, note, bond, convertible security, swap, stock appreciation right, short position, profit interest, hedge, right to dividends, voting agreement, performance-related fee or arrangement to borrow or lend shares (whether or not subject to payment, settlement, exercise or conversion in any such class or series), and any proportionate interest of such Proposing Shareholder in the securities of the Company held by any general or limited partnership, or any limited liability company, of which such Proposing Shareholder is, directly or indirectly, a general partner or managing member.

  • repurchase transaction means a transaction governed by an agreement by which a counterparty transfers securities or guaranteed rights relating to title to securities where that guarantee is issued by a recognised exchange which holds the rights to the securities and the agreement does not allow a counterparty to transfer or pledge a particular security to more than one counterparty at a time, subject to a commitment to repurchase them, or substituted securities of the same description at a specified price on a future date specified, or to be specified, by the transferor, being a repurchase agreement for the counterparty selling the securities and a reverse repurchase agreement for the counterparty buying them;

  • Additional Purchase Price has the meaning provided in Section 1.2(b).

  • Underlying Securities means any securities issuable on conversion, exchange or exercise of compensation securities.

  • Underlying Securities Trustee means The Bank of New York.

  • underlying interest means, for a derivative, the security, commodity, financial instrument, currency, interest rate, foreign exchange rate, economic indicator, index, basket, agreement, benchmark or any other reference, interest or variable, and, if applicable, the relationship between any of the foregoing, from, to or on which the market price, value or any payment obligation of the derivative is derived, referenced or based; and

  • Underlying Market means the relevant market where the Underlying Asset of a CFD is traded.

  • Underlying Shares means the shares of Common Stock issuable upon conversion of this Debenture or as payment of interest in accordance with the terms hereof.

  • Derivative Transactions means any swap transaction, option, warrant, forward purchase or sale transaction, futures transaction, cap transaction, floor transaction or collar transaction relating to one or more currencies, commodities, bonds, equity securities, loans, interest rates, prices, values, or other financial or nonfinancial assets, credit-related events or conditions or any indexes, or any other similar transaction or combination of any of these transactions, including collateralized mortgage obligations or other similar instruments or any debt or equity instruments evidencing or embedding any such types of transactions, and any related credit support, collateral or other similar arrangements related to such transactions.

  • Pawn transaction means the same as that term is defined in Section 13-32a-102.

  • Underlying Instrument means the loan agreement, credit agreement or other customary agreement pursuant to which a Collateral Obligation has been created or issued and each other agreement that governs the terms of or secures the obligations represented by such Collateral Obligation or of which the holders of such Collateral Obligation are the beneficiaries.

  • Permitted Securitization Transaction Any financing transaction undertaken by the Seller or an Affiliate of the Seller that is secured, directly or indirectly, by the Collateral or any portion thereof or any interest therein, including any sale, lease, whole loan sale, asset securitization, secured loan or other transfer.

  • Manufactured-home transaction means a secured transaction:

  • Underlying Reference means as set out in §25(a) below.

  • Purchased Asset means (i) with respect to any Transaction, the Eligible Asset sold by Seller to Buyer in such Transaction and (ii) with respect to the Transactions in general, all Eligible Assets sold by Seller to Buyer (other than Purchased Assets that have been repurchased by Seller).