Xxxxxxxx I definition

Xxxxxxxx I is defined in the first paragraph of this Settlement Agreement.
Xxxxxxxx I is a lawsuit filed on March 7, 2011 in the United States District Court for the Northern District of California alleging, among other things, that the defendants breached their fiduciary duties and wasted corporate assets in connection with HP Inc.’s alleged violations of the Foreign Corrupt Practices Act of 1977 (“FCPA”), HP Inc.’s severance payments made to Xxxx Xxxx (a former Chairman of HP Inc.’s board of directors and HP Inc.’s Chief Executive Officer), and HP Inc.’s acquisition of 3PAR Inc. The lawsuit also alleges violations of Section 14(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) in connection with HP Inc.’s 2010 and 2011 proxy statements. On February 8, 2012, the defendants filed a motion to dismiss the lawsuit. On October 10, 2012, the court granted the defendants’ motion to dismiss with leave to file an amended complaint. On November 1, 2012, the plaintiff filed an amended complaint adding an unjust enrichment claim and claims that the defendants violated Section 14(a) of the Exchange Act and breached their fiduciary duties in connection with HP Inc.’s 2012 proxy statement. On December 13, 14 and 17, 2012, the defendants moved to dismiss the amended complaint. On December 28, 2012, the plaintiff moved for leave to file a third amended complaint. On May 6, 2013, the court denied the motion for leave to amend, granted the motions to dismiss with prejudice and entered judgment in the defendants’ favor. On May 31, 2013, the plaintiff filed an appeal with the United States Court of Appeals for the Ninth Circuit. The appeal has been fully briefed and an oral argument date has been scheduled for October 20, 2015.
Xxxxxxxx I is defined in the recitals.

Examples of Xxxxxxxx I in a sentence

  • Date: By: ---------------------- ---------------------- Name: -------------------- Title: ------------------- LINCOLN LIFE & ANNUITY COMPANY OF NEW YORK Date: By: ---------------------- ---------------------- Name: -------------------- Title: ------------------- MATERIAL SENT VIA EXPRESS MAIL RE: Baron Fund Participation Agreement (FPA) Amendment Dear Xx. Xxxxxxxx: I have enclosed two fully executed originals of the FPA Amendment by and among Baron and Lincoln Life.

  • Very truly yours, (Original Signed By) Xxxx Xxxxxxxx I CONCUR: (Original Signed By) Xxxxxx X.

  • Ford denies and continues to deny any wrongdoing or legal liability arising out of any of the allegations, claims and contentions made against Ford in Xxxxxxxx I or Xxxxxxxx II and in the course of the negotiation of the MOU or this Settlement Agreement.

  • Ford shall continue to deposit into the Existing External VEBA the wage and COLA deferrals set forth in Section 13.B of the Xxxxxxxx I Settlement Agreement (including the COLA deferrals and non-payment of the September 18, 2006 general increase to the hourly wage rate) until the termination of the Existing External VEBA.

  • The term “Stock Contribution Obligation” shall mean any and all obligations Ford may have to the Existing External VEBA under Section 13.C of the Xxxxxxxx I Settlement Agreement relating to cash contributions based on an increase in the value of Ford common stock.

  • Without limiting in any manner whatsoever the generality of the foregoing, the performance of any Settlement Actions by Ford may not be construed, viewed or used as an Admission by or against Ford that, following the termination of the Xxxxxxxx I Settlement Agreement, it does not have the unilateral right to modify or terminate retiree health care benefits.

  • A retiree participant may elect or withdraw consent for pension withholdings at any time by providing 45 days written notice to the Pension Plan administrator or such shorter period that may be required by law; provided, however, that Ford will not be required to obtain new affirmative consents from existing retiree participants who provided consent pursuant to the Xxxxxxxx I Settlement Agreement to the extent that any required contributions may be withheld in accordance with such prior consent.

  • For purposes of determining a Class or Covered Group member’s status as a Protected Retiree under the terms of the Xxxxxxxx I settlement agreement, any pension increase negotiated in the 2007 Ford-UAW National Agreement shall not be included in the determination of pension income.

  • This transfer of assets and liabilities shall include, but not be limited to, the transfer of all rights and obligations granted to or imposed on the Existing External VEBA under Section 14.C of the Xxxxxxxx I Settlement Agreement and Ford agrees that, on the day following the Implementation Date, the New VEBA shall be substituted for the Existing External VEBA for such purposes.

  • With respect to claims incurred on or prior to the Implementation Date, Retiree Medical Benefits for the Class and the Covered Group shall continue to be provided by the Ford Retiree Health Plan and the Existing External VEBA at the same level and scope as provided for by the Ford Retiree Health Plan and the Existing External VEBA under the Xxxxxxxx I Settlement Agreement, including Mitigation from the Existing External VEBA (for those entitled to it).


More Definitions of Xxxxxxxx I

Xxxxxxxx I means Xxxxxxxx, et al. x. Xxxxx, Xxxxxxx & Xxxxxxxx Inc., et al., Case No. 17-cv-6685 (S.D.N.Y.), and any and all cases consolidated therewith.
Xxxxxxxx I is a lawsuit filed on March 7, 2011 in the United States District Court for the Northern District of California alleging, among other things, that the defendants breached their fiduciary duties and wasted corporate assets in connection with Parent’s alleged violations of the Foreign Corrupt Practices Act of 1977 (“FCPA”), Parent’s severance payments made to Xxxx Xxxx (a former Chairman of Parent’s board of directors and Parent’s Chief Executive Officer), and Parent’s acquisition of 3PAR Inc. The lawsuit also alleges violations of Section 14(a) of the Securities Exchange Act of 1934 (the “Exchange Act”) in connection with Parent’s 2010 and 2011 proxy statements. On February 8, 2012, the defendants filed a motion to dismiss the lawsuit. On October 10, 2012, the court granted the defendants’ motion to dismiss with leave to file an amended complaint. On November 1, 2012, the plaintiff filed an amended complaint adding an unjust enrichment claim and claims that the defendants violated Section 14(a) of the Exchange Act and breached their fiduciary duties in connection with Parent’s 2012 proxy statement. On December 13, 14 and 17, 2012, the defendants moved to dismiss the amended complaint. On December 28, 2012, the plaintiff moved for leave to file a third amended complaint. On May 6, 2013, the court denied the motion for leave to amend, granted the motions to dismiss with prejudice and entered judgment in the defendants’ favor. On May 31, 2013, the plaintiff filed an appeal with the United States Court of Appeals for the Ninth Circuit. The appeal has been fully briefed and an oral argument date has been scheduled for October 20, 2015.

Related to Xxxxxxxx I

  • Xxxxxxxx Xxxxxxxx has entered into a Management Agreement dated June 15, 1995 ("Management Agreement") with PaineWebber PACE Select Advisors Trust (formerly known as Managed Accounts Services Portfolio Trust ("Trust")), an open-end management investment company registered under the Investment Company Act of 1940, as amended ("1940 Act"), with respect to PACE GLOBAL FIXED INCOME INVESTMENTS ("Portfolio");

  • Xxxxx Xxxxxxxxxx means, with respect to XXXXX, 0.0326% per annum.

  • Xxxxxxxx Xxxxxxx “Xxxxxxx Xxx”

  • Xxxxxxx Xxxxxxxx whose address and tax identification number shall be provided within five (5) days after this Settlement Agreement is fully executed by the Parties;

  • Xxxxxx Xxxxxxxxx “Xxxx Xxxxxx”

  • Xxxxxxxxx means XxxxXxxxx Energy, Inc., a Delaware corporation.

  • Xxxxxxxxxx means Xxxxxxxxxx Broadcasting Corporation, a Maryland corporation.

  • Xxxxxxxxxxx xxxxx a corporation, association, company, joint-stock company or business trust.

  • Xxxxxxxx means Xxxxxxxx Nominees Pty. Ltd. a company incorporated in the State as trustee of The Xxxxxx Xxxxxxxx Family Trust;

  • Xxxxxx Xxxxxxxx Xxx XxXxxx” ”Xxxx Xxxxx” ”Xxxxx Xxxxxxx” ”Xxxxx Xxxxxxxx” ”Xxxxxxxxx Xxxxxxx” ”Xxxxx Xxxxxx”

  • Xxxxxxx Xxxxxxx whose address and tax identification number shall be provided within five (5) days after this Settlement Agreement is fully executed by the Parties;

  • Xxxxx Xxxxxxxxx “Xxxx Xxxxxx” “X. Xxxx” “Xxxxxxx Xxxxx” LETTER #8 LETTER OF UNDERSTANDING Between THE CITY OF SAULT STE. XXXXX and LOCAL 67 C.U.P.E.

  • Xxxxxxxx Xxxxxx “Xxxxxxxxx Xxxx”

  • Xxxx Xxxxxxxxx “Xxxxx Xxxx”

  • Xxxxxxxx Xxxx means the type of charge that a xxxxxxx has on somebody else’s goods when he does work on the goods. The xxxxxxx may keep the goods until he is paid for the work and if he is not paid he may sell them. A mechanic will have a xxxxxxx’x xxxx on your car if he does work on it at his garage. Any expression not described or defined in this agreement shall have the meaning given to it in the Credit Contracts and Consumer Finance Act 2003 unless the context requires otherwise. Unless the context prevents it, the singular shall include the plural and vice versa and one gender includes others to the effect that, for example, “he” includes “they”, “she” and “it”.

  • Xxxxxx Xxxxxxx Xxxxx Xxxxxxx”

  • Xxxxx Xxxxxxxx Xxxxxxxxx Xxxxxxx” ”Xxxxx Xxxxxx”

  • Xxxxxxx Xxxxxx xxxxx xxx Xxxxxx xx Xxxxxxx Xxxxxxxxxx.

  • Xxxxxxxx-Xxxxx means the Xxxxxxxx-Xxxxx Act of 2002.

  • Xxxxxxx means an employee elected or appointed by the Union who is authorized to represent the Union, an employee or both.

  • Xxxx Xxxxxxxx Xxxxx Xxxxxxxx”

  • Xxx Xxxxxxxx “Xxxxx Xxxxxxx”

  • Xxxxxxx Xxxx Xxxx Xxxxx”

  • Sxxxxxxx-Xxxxx means the Sxxxxxxx-Xxxxx Act of 2002.

  • Xxxxxxx Xxxxx means Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated.

  • Xxxxxx Xxxxxx “Xxxxx Xxxxxxxx”