Xxxxxxxx II definition

Xxxxxxxx II is defined in the first paragraph of this Settlement Agreement.
Xxxxxxxx II is a lawsuit filed on February 10, 2014 in the United States District Court for the Northern District of California alleging, among other things, that the defendants used their control over Parent and its corporate suffrage process in effectuating, directly participating in and/or aiding and abetting violations of Section 14(a) of the Exchange Act and Rule 14a-9 promulgated thereunder, and violations of Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5 promulgated thereunder. The complaint asserts claims for breach of fiduciary duty, waste of corporate assets, unjust enrichment, and breach of the duty of candor. The claims arise out of the circumstances at Parent relating to its 2013 and 2014 proxy statements, the departure of Xx. Xxxx as Chairman of Parent’s board of directors and Parent’s Chief Executive Officer, alleged violations of the FCPA, and Parent’s acquisition of 3PAR Inc. and Autonomy Corporation plc (“Autonomy”). On February 25, 2014, the court issued an order granting Parent’s administrative motion to relate Xxxxxxxx II to Xxxxxxxx I. On April 8, 2014, the court granted the parties’ stipulation to stay the action pending resolution of Xxxxxxxx I by the United States Court of Appeals for the Ninth Circuit.
Xxxxxxxx II is a lawsuit filed on February 10, 2014 in the United States District Court for the Northern District of California alleging, among other things, that the defendants used their control over HP Inc. and its corporate suffrage process in effectuating, directly participating in and/or aiding and abetting violations of Section 14(a) of the Exchange Act and Rule 14a-9 promulgated thereunder, and violations of Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5 promulgated thereunder. The complaint asserts claims for breach of fiduciary duty, waste of corporate assets, unjust enrichment, and breach of the duty of candor. The claims arise out of the circumstances at HP Inc. relating to its 2013 and 2014 proxy statements, the departure of Xx. Xxxx as Chairman of HP Inc.’s board of directors and HP Inc.’s Chief Executive Officer, alleged violations of the FCPA, and HP Inc.’s acquisition of 3PAR Inc. and Autonomy Corporation plc (“Autonomy”). On February 25, 2014, the court issued an order granting HP Inc.’s administrative motion to relate Xxxxxxxx II to Xxxxxxxx I. On April 8, 2014, the court granted the parties’ stipulation to stay the action pending resolution of Xxxxxxxx I by the United States Court of Appeals for the Ninth Circuit.

Examples of Xxxxxxxx II in a sentence

  • 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.

  • Each of the UAW, the Class Representatives and the Class Members claim and continue to claim that the allegations, claims and contentions made against Ford in Xxxxxxxx II have merit.

  • See 00 XXX §00, Xxxxxxxx II, Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.

  • The respective Boards of Directors of Dala DE and Dala NV, along with Dala DE, as the sole stockholder of Merger Subsidiary, and Dala NV’s sole stockholder Xxxxxxxx II, which owned 100% of the outstanding voting securities of Dala NV, approved the Merger by written consent, and Articles of Merger were filed with the Secretary of State of the State of Nevada on June 3, 2014, effecting the Merger.

  • The Merger Shares were then immediately distributed by Xxxxxxxx II on a pro rata basis to its members, including the Xxxxxxxx II Members that are party to this Agreement.

  • The City Board will have sole discretion to modify or eliminate any current Court-ordered Xxxxxxxx II program or expenditure not identified in Sections 1 or 2 of this Agreement, and not necessary for purposes of Section 3.

  • All of them have similar central technical characteristics, like homeowner budget evaluation and realty specialist verification are common.

  • As consideration for the Merger, Dala DE issued 10,000,000 shares of its common stock (the “Merger Shares”) to Dala NV’s sole member Xxxxxxxx II in exchange for receiving all of the outstanding shares of common stock of Dala NV.

  • Except for fees and expenses incurred in connection with the court proceedings to obtain the Amendment Approval Order and any appeals therefrom, each party to this Settlement Agreement agrees not to seek any other future fees or expenses from any other party in connection with either Xxxxxxxx II or Xxxxxxxx I.

  • If Xxxxxxxx II is enjoined or stayed, either Ford, the UAW, or Class Counsel on behalf of the Class Representatives may terminate this Settlement Agreement by 30 days’ written notice to the other party; provided however, that this Settlement Agreement may not be terminated pursuant to this subparagraph A if Xxxxxxxx II is stayed by the parties because this Settlement Agreement is approved as a superseding settlement through the Xxxxxxxx I litigation.


More Definitions of Xxxxxxxx II

Xxxxxxxx II is defined in the recitals.

Related to Xxxxxxxx II

  • 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");

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

  • Xxxxxxxxxx means Xxxxxxxxxx Broadcasting Corporation, a Maryland corporation.

  • 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;

  • Xxxxxxxx Xxxxxxx “Xxxxxxx Xxx”

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

  • Xxxxxx Xxxxxxxxx “Xxxx Xxxxxx”

  • 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;

  • Xxxxxxxx Xxxxxx “Xxxxxxxxx Xxxx”

  • 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 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”.

  • Xxxx Xxxxxxxxx “Xxxxx Xxxx”

  • Xxxxxx Xxxxxxx Xxxxx Xxxxxxx”

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

  • Xxxxx Xxxxxxxx Xxxxxxxxx Xxxxxxx” ”Xxxxx Xxxxxx”

  • Xxxxxxx Xxxxxx xxxxx xxx Xxxxxx xx Xxxxxxx Xxxxxxxxxx.

  • 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”