Amended pleading definition

Amended pleading means a pleading that completely restates and supersedes the pleading it amends for all purposes.
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Amended pleading means a pleading that completely restates and
Sample 1Sample 2

Examples of Amended pleading in a sentence

  • Notice of hearing of amended or supplemented pleadings (a) Amended pleading and amendment to a pleading An amended pleading or an amendment to a pleading requires the same notice of hearing (including publication) as the pleading it amends.

  • Id.To the extent that counterclaims two and three challenge the process by which Defendant was removed from his position as a board member, Plaintiffs point out that the appropriate manner in which to challenge the removal was by commencing a proceeding pursuant to CPLR Article 78, a proceeding which is now time-barred.In Defendant’s opposition papers, he agreed to withdraw counterclaims two and three from his Amended pleading.

  • Amended pleading – seeks a more onerous judgment (i.e., more money) or adds another cause of action, every court has held that you must re-serve the respondent rather than just sending a copy.

  • Later on, this occupancy model was combined with the approach developed by Yao and Steemers [26] for generating switch-on events of electric appliances to create a new probabilistic model that has found widespread application in the literature [18].

  • The Amended pleading did not allay the 1st Defendant’s concerns; the application was renewed on March 8, 2011.

  • Amended pleading to be supplied to adverse party‌Where a pleading is amended by order of the court, the pleading shall be redrawn in its amended form and a copy thereof supplied to the opposite party if the court so order, subject to any order as to costs which the court may think fit to make.

  • The regulation at 52 Pa. Code §5.101(h) states: (h) Amended pleading.

  • Mr Carr QC for the Defendants, acknowledged that for his part 24 application to be worth while it would be necessary for him also to attack the proposed amendment on the basis that permission to amend ought not to be granted because there was no real prospect of the Amended pleading succeeding.

  • Many candidates focussed on the specific financial yields and ratios, as in 7(b).

  • All requests for continuances, except for stipulations, shall be by written motion, unless made during the course of a hearing.(e) Amended pleading.

Related to Amended pleading

  • Information Statement has the meaning set forth in Section 6.6.

  • Termination statement means an amendment of a financing statement which:

  • Counterpart Agreement means a Counterpart Agreement substantially in the form of Exhibit H delivered by a Credit Party pursuant to Section 5.10.

  • Name Change has the meaning set forth in Section 6.3.

  • Consent Solicitation Statement means the consent solicitation statement issued on June 15, 2020 by Odebrecht Engenharia e Construção S.A., among others.

  • Additional Form 10-K Disclosure As defined in Section 11.05.

  • Reaffirmation Agreement means the Reaffirmation Agreement dated as of the Closing Date by the Borrower and the Guarantors to the Administrative Agent for the benefit of the Secured Parties.

  • Reorganization Documents means the Reorganization Agreement, this Agreement, the Tax Receivable Agreement, the Exchange Agreement, the Registration Rights Agreement, the Clear Secure Subscription Agreement and the MIP.

  • Certificate of eligibility means a document issued by the bureau stating that the criminal record and all records of arrest, investigation, and detention associated with a case that is the subject of a petition for expungement is eligible for expungement.

  • Stockholder Agreement means the Stockholder Agreement, dated as of August 29, 2003, among the Company and its stockholders, as amended and in effect from time to time.

  • Best execution means prompt and reliable execution at the most favorable security price, taking into account the other provisions hereinafter set forth. The determination of what may constitute best execution and price in the execution of a securities transaction by a broker involves a number of considerations, including, without limitation, the overall direct net economic result to the Fund (involving both price paid or received and any commissions and other costs paid), the efficiency with which the transaction is effected, the ability to effect the transaction at all where a large block is involved, availability of the broker to stand ready to execute possibly difficult transactions in the future, and the financial strength and stability of the broker. Such considerations are judgmental and are weighed by the Manager in determining the overall reasonableness of brokerage commissions.

  • Tender Offer Documents means the documents provided to the holders of the Auction Preferred Shares by or on behalf of the Fund in connection with the Tender Offer.

  • Disclosure Statement means the written disclosure statement that relates to this Plan, as approved by the Bankruptcy Court pursuant to section 1125 of the Bankruptcy Code and Bankruptcy Rule 3017, as such disclosure statement may be amended, modified or supplemented from time to time.

  • UCC Financing Statement A financing statement filed, or to be filed, pursuant to the UCC.

  • Amendments are any changes that are not specifically covered by the terms and conditions of the Centralized Contract, but inclusion is found to be in the best interest of the State. A request to change a contractual term and condition is an example of an amendment.

  • Acknowledgment Agreement The document, substantially in the form of Exhibit B, to be executed by the Owner and the Servicer on or prior to each Closing Date which document shall amend the Mortgage Loan Schedule attached as Exhibit A hereto to reflect the addition of Mortgage Loans to such Exhibit A and which document reflects the addition of Mortgage Loans which are subject to the terms and conditions of this Agreement.

  • Best Execution Policy means the Company’s prevailing policy available at our website regarding best execution when executing client orders.

  • Agreement Execution Date means the date this Agreement has been fully executed and delivered by all parties hereto.

  • Prospectus Amendment means any amendment to the Preliminary Prospectus or the Final Prospectus;

  • Verification on oath or affirmation means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true.

  • Reorganization Agreement has the meaning set forth in the recitals.

  • Certificate of Amalgamation means the certificate of amalgamation to be issued by the Director in respect of the Amalgamation;

  • Certificate of Amendment means the Certificate of Amendment to Amended and Restated Certificate of Incorporation of the Company, substantially in the form attached to this Agreement as Exhibit A.

  • Delaware Secretary of State means the Secretary of State of the State of Delaware.

  • Reorganization Plan means a plan of reorganization in any of the Cases.

  • Restatement Agreement has the meaning set forth in the introductory statement of this Agreement.