Existing Actions definition

Existing Actions means all Actions, Claims and Enforcements to which Palm, Inc. is a party, existing as of December 4, 2002 and listed on Schedule 2 to this Agreement, as such schedule may be updated within ten (10) business days of the Execution Date.
Existing Actions is defined in Section 5.01(e). ---------------- ---------------
Existing Actions means any actions, suits, investigations, litigation or proceedings with respect to QPI and its Subsidiaries (and, after the Tender Offer Funding Date, WCP and its Subsidiaries) disclosed in the Public Information (and, after the Tender Offer Funding Date, with respect to WCP and its Subsidiaries, in the Merger Disclosure);

Examples of Existing Actions in a sentence

  • Notwithstanding anything to the contrary in this Agreement, all Existing Actions shall be treated as Actions, Enforcements or Claims subject to the Exclusive Control of PalmOne, except that PalmOne’s right to modify the claims made thereunder, appeal any award or judgment, or settle an Existing Action shall be subject to the prior consent of PalmSource, which consent shall not be unreasonably withheld.

  • Xxxxxx Title: Senior VP & General Counsel Title: President Date: September 24, 2003 Date: September 24, 2003 SCHEDULES AND EXHIBITS Schedule 1: Palm Marks Schedule 2: Existing Actions Schedule 3: Existing Licenses Schedule 4: Territories Schedule 5: Transition Marks Schedule 6: Intentionally omitted Schedule 7: Intentionally omitted Schedule 8: Palm Domain Names Schedule 9: Palm One Marks Exhibit A: Intentionally omitted Exhibit B: Palm Powered Logo Schedule 1 Palm Marks [Palm Marks has been omitted.

  • There has occurred no change or development in the Existing Actions from that disclosed on Schedule 6.01-K (without giving effect to any amendment to --------------- such Schedule made pursuant to Section 5.02(a)(ii)), which change or ------------------- development, when aggregated with all such changes or developments, has or could reasonably be expected to have a Material Adverse Effect.

  • There has occurred no change or development in the Existing Actions from that disclosed in the Public Information, the Company Disclosure Letter or the Parent Disclosure Letter, which change or development, when aggregated with all such changes or developments, has or could reasonably be expected to have a Material Adverse Effect.

  • There has occurred no change or development in the Existing Actions from that disclosed on Schedule -------- 6.01-K to the Original Credit Agreement (without giving effect to any amendment ------ to such Schedule made pursuant to Section 5.01(a)(ii)), which change or ------------------ development, when aggregated with all such changes or developments, has or could reasonably be expected to have a Material Adverse Effect.

  • There has occurred no change or development in the Existing Actions from that disclosed on Schedule 6.01-K, which change or --------------- development, when aggregated with all such changes or developments, has or could reasonably be expected to have a Material Adverse Effect.

  • A copy of this schedule will be furnished supplementally to the Commission upon request.] Schedule 2: Existing Actions [Existing Actions has been omitted.

  • There has occurred no change or development in the Existing Actions from that disclosed in the Public Information or the Merger Disclosure, which change or development, when aggregated with all such changes or developments, has or could reasonably be expected to have the consequences referred to in the preceding sentence.


More Definitions of Existing Actions

Existing Actions means those Actions (other than Assumed Actions) in which Cal Dive or any other member of the Cal Dive Group has been named as a defendant or is the party against whom any claim or investigation is directed, including those listed on Schedule 6.15(b).
Existing Actions means those Actions (other than Assumed Actions) in which Outdoor or any other member of the Outdoor Group has been named as a defendant or is the party against whom any claim or investigation is directed, including those listed on Schedule 6.15(c).
Existing Actions means those Actions (other than Assumed Actions) in which Entertainment or any other member of the Entertainment Group has been named as a defendant or is the party against whom any claim or investigation is directed, including those listed on Schedule 7.3(c).
Existing Actions means In re Liberate Technologies Securities Litigation, Master File No.: C-02-5017 MJJ, USDC, Northern District of California, and the Existing Derivative Action, each as they exist on the Effective Date.
Existing Actions means those Actions (other than Assumed Actions) in which Brands or any other member of the Brands Group has been named as a defendant or is the party against whom any claim or investigation is directed, including those listed on Schedule 6.11(c).

Related to Existing Actions

  • Closing Transactions has the meaning set forth in Section 11.8(a)(i) of these Bylaws.

  • Existing Agreements means the [*****].

  • Financing Transactions means (a) the execution, delivery and performance by each Loan Party of the Loan Documents to which it is to be a party, (b) the borrowing of Loans hereunder and the use of the proceeds thereof and (c) the issuance, amendment or extension of Letters of Credit hereunder and the use of proceeds thereof.

  • Specified Merger Agreement Representations means such of the representations and warranties made with respect to the Company and its Subsidiaries by the Company in the Merger Agreement to the extent a breach of such representations and warranties is material to the interests of the Lenders.

  • Related Transactions Documents means the Loan Documents and all other agreements or instruments executed in connection with the Related Transactions.

  • Transactional Agreements means: (a) the Agreement; (b) the Assignment and Assumption Agreement; (c) the Voting Agreements; (d) the Credit Agreement; (e) the Patent License Agreement; (f) the Patent Standstill Agreement; and (g) the Stay Orders.

  • Restructuring Transactions means the transactions described in Article IV.B of the Plan.

  • Pre-Closing Restructuring has the meaning specified in Section 6.14(a).

  • Acquisition Transactions means the transactions contemplated by the Acquisition Agreement.

  • Contemplated Transactions means all of the transactions contemplated by this Agreement.

  • Refinancing Transactions means the issuance and sale of the Notes pursuant to the Offering Memorandum, the incurrence of indebtedness on or about the Issue Date pursuant to any Credit Agreement and/or the repricing, refinancing, amendment, restatement or supplement, in whole or in part, of any Credit Agreement and the redemption (including any satisfaction and discharge in connection therewith) of all of the Company’s outstanding 7.875% Senior Notes due 2019 and the payment of fees and expenses in connection therewith.

  • Closing Date Transactions means, collectively (a) the funding of the Loans on the Closing Date and the execution and delivery of Loan Documents to be entered into on the Closing Date, (b) the Debt Proceeds Transfer, and (c) the payment of Closing Date Transaction Expenses.

  • Financing Parties means Parties financing the Project, pursuant to Financing Documents.

  • Existing Credit Documents means (a) the Existing Credit Agreement, (b) the promissory notes made by Borrower thereunder, and (c) all deeds of trust, mortgages, security agreements, and other documents, instruments or agreements executed and delivered in connection therewith by any Restricted Person, or any predecessor in interest to any Restricted Person.

  • Related Transactions means the initial borrowing under the Revolving Loan on the Closing Date, the Refinancing, the payment of all fees, costs and expenses associated with all of the foregoing and the execution and delivery of all of the Related Transactions Documents.

  • Second Lien Documents means, collectively, the indenture, credit agreement or other agreement or instrument evidencing or governing or securing each Series of Second Lien Debt and the Second Lien Security Documents.

  • Existing Credit Agreements has the meaning set forth in the recitals hereto.

  • Pre-Closing Tax Periods means any and all Tax periods that end on or before the Closing Date and the portion of any Straddle Period ending at the end of day on which the Closing occurs.

  • Existing Loan Documents means the “Loan Documents” as defined in the Existing Credit Agreement.

  • Debt Financing Sources means the Persons that have committed to provide, or otherwise entered into agreements in connection with, the Debt Financing (including the parties to any joinder agreements, credit agreements or other definitive agreements relating thereto) and their respective Affiliates and such Person’s (and their respective Affiliates’), officers, directors, employees, attorneys, advisors, agents and representatives involved in the Debt Financing and their successors and permitted assigns.

  • Merger Transactions means the Merger and the other transactions relating thereto or contemplated by the Merger Agreement.

  • Additional Senior Debt Parties means, with respect to any series, issue or class of Additional Senior Debt, the holders of such Indebtedness, the Representative with respect thereto, any trustee or agent therefor under any related Additional Senior Debt Documents and the beneficiaries of each indemnification obligation undertaken by the Borrower or any Guarantor under any related Additional Senior Debt Documents.

  • Restructuring Documents means, collectively, the documents and agreements (and the exhibits, schedules, annexes and supplements thereto) necessary to implement, or entered into in connection with, this Plan, including, without limitation, the Plan Supplement, the Exhibits, the Plan Schedules, the Amended/New Organizational Documents, the Exit Facility Loan Documents, and the Plan Securities and Documents.

  • Debt Financing Documents means the agreements, documents and certificates contemplated by the Debt Financing.

  • Financing Transaction means a transaction in which a licensed provider obtains financing from a financing entity including any secured or unsecured financing, any securitization transaction, or any securities offering which is either registered or exempt from registration under federal and state securities law.