Factual Basis definition

Factual Basis means all information of any kind of which You are aware whether such information is admissible or inadmissible in evidence. A response setting forth the “Factual Basis” shall include the name and address of any such Persons involved, the identification of any Documents involved, the time and date of the described circumstances, the name and address of any witnesses to the circumstances described, and an exhaustive description of the circumstances and factual aspects of the subject of inquiry. All written statements pertaining to the factual basis as defined in this paragraph must be identified in your response.
Sample 1
Factual Basis. If stipulate, court shall determine whether the allegations form factual basis for finding child is in need of care AND parents deny OR admit allegations.
Sample 1

Examples of Factual Basis in a sentence

  • Legal and Factual Basis for Permit ConditionsThe State and Federally-enforceable conditions of the Title V Operating Permits are based upon the requirements of the State of West Virginia Operating Permit Rule 45CSR30 for the purposes of Title V of the Federal Clean Air Act and the underlying applicable requirements in other state and federal rules.

  • A detailed8 statement of each party's position on the relief9 claimed, particularly itemizing all elements of10 damages claimed as well as witnesses, documents or other11 evidentiary material to be presented concerning the12 amount of those damages.13 (2) The Factual Basis of the Action.14 (A) Undisputed Facts.

  • The decision whether any public statement by any such person contradicting the facts contained in the Factual Basis section of this Plea Agreement was made on behalf of the defendant for the purpose of determining whether it has violated this Plea Agreement will be at the sole discretion of the United States.

  • The defendant expressly agrees that it will not, through current or future attorneys, directors, officers, employees, agents, or any other person authorized by the defendant to speak on its behalf, make any public statement, in litigation or otherwise, contradicting the acceptance of responsibility by the defendant set forth above or the facts contained in the Factual Basis section of this Plea Agreement.

  • The defendant will be permitted to raise defenses and to assert affirmative claims in other proceedings relating to the matters set forth in the Factual Basis section of this Plea Agreement provided that such defenses and claims do not contradict, in whole or in part, the facts contained in the Factual Basis section of this Plea Agreement.

  • If the United States determines that a public statement by any such person contradicts the facts contained in the Factual Basis section of this Plea Agreement, the United States shall so notify the defendant, and the defendant may avoid a violation of this Plea Agreement by publicly repudiating such statement(s) within five (5) business days after notification.

  • Beal, Challenging the Factual Basis and Rationality of a Rule Under APTRA, 45 Baylor L.

  • The Factual Basis The most provocative and intellectually intriguing standing claim presented by this case is that based upon federal abdication.44 This theory describes a situation when the federal government asserts sole authority over a certain area of American life and excludes any authority or regulation by a state; yet subsequently refuses to act in that area.

  • But in the unusual case where production will also provide a tangible or strategic benefit to the responding party, that fact may weigh against shifting costs.D. A Factual Basis Is Required to Support the Analysis Courts applying Rowe have uniformly favored cost- shifting largely because of assumptions made concerning the likelihood that relevant information will be found.

  • A Report of Unsuccessful Treatment will be Evaluated by the CA and a MHB Hearing held if Factual Basis is Determined.

Related to Factual Basis

  • Pre-Contractual Statement means a draft agreement, undertaking, representation, warranty, promise, assurance or arrangement of any nature whatsoever, whether or not in writing, relating to this Agreement made or given by a Party to this Agreement or any other person at any time prior to the date of this Agreement.

  • Financial Covenants means the covenants set forth in Section 6.2.

  • Explanatory Statement means the explanatory statement which forms part of the Notice;

  • Pro Forma Financial Statements shall have the meaning set forth in Section 5.5(b) hereof.

  • Statutory Statement means a statement of the condition and affairs of the Company, prepared in accordance with SAP, and filed with the Applicable Insurance Regulatory Authority.

  • Target Financial Statements has the meaning set forth in Section 3.4(a).

  • Financial Statements has the meaning set forth in Section 3.06.

  • Actual Uptime means, of the Total Operation Hours, the aggregate number of hours in any month during which each equipment is actually available for use.

  • Buyer Financial Statements has the meaning set forth in Section 4.7.

  • NAIC Annual Statement is defined in Section 6.2(a).

  • Financial Statement has the meaning set forth in Section 4(g) below.

  • Annual Statement means that statement required by Iowa Code section 508.11 to be filed annually by the company with the office of the commissioner.

  • Statutory Statements has the meaning set forth in Section 3.6(a).

  • Pro Forma Compliance Certificate means a certificate of a Responsible Officer of the Borrower containing reasonably detailed calculations of the financial covenants set forth in Section 7.11 recomputed as of the end of the period of the four fiscal quarters most recently ended for which the Borrower has delivered financial statements pursuant to Section 6.01(a) or (b) after giving effect to the applicable transaction on a Pro Forma Basis.

  • Audited Statements means the Consolidated balance sheets of the Borrower as at December 31, 2009, and the related Consolidated statements of income and cash flows of the Borrower for the fiscal year then ended, accompanied by the opinion thereon of the Borrower’s independent public accountants.

  • Consolidated Adjusted EBITDA means, for any period, an amount determined for Borrower and its Subsidiaries on a consolidated basis equal to Consolidated Net Income for such period, plus, (i) to the extent deducted in determining Consolidated Net Income for such period, the sum, without duplication of amounts for:

  • Financial Covenant Debt of any Person means Indebtedness of the type specified in clauses (a), (b), (d), (e), (f) and (h) of the definition of “Indebtedness,” non-contingent obligations of the type specified in clause (c) of such definition and Guaranty Obligations of any of the foregoing.

  • Unaudited Financial Statements has the meaning set forth in Section 3.4(a).

  • Financial Covenant has the meaning specified in Section 7.08.

  • Annual Statement of Compliance As defined in Section 3.13.

  • Financial Statement Date has the meaning set forth in Section 4.05 hereof.

  • Final Statement means the statement defined in Sub-Clause 14.11 [Application for Final Payment Certificate].

  • Financial Covenant Default has the meaning assigned to such term in Section 8.01(6).

  • Seller Financial Statements has the meaning set forth in Section 3.5(a).

  • Pro Forma means producing a balance sheet that reflects a reasonably accurate financial statement of the Failed bank through the date of closing. The pro forma financial statements serve as a basis for the opening entries of both the Assuming Institution and the Receiver.