Operative Facts definition

Operative Facts means those facts and circumstances that provide the factual predicate for the claims asserted in the Action and shall include, among other things:
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Operative Facts means those facts and circumstances that provide the factual predicate for the claims asserted in the Action and shall include the following to the extent they provide the bases for the claims asserted in the Action:
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Examples of Operative Facts in a sentence

  • The Locus of Operative Facts and Access to Evidence The alleged accident occurred in the Virgin Islands.

  • Thus, this factor counsels against transfer.4. Locus of the Operative Facts Defendants argue that this case arises entirely from actions taken by Defendants in New York City, which makes New York the locus of the operative facts.

  • Locus of Operative Facts and ProofThe operative facts for a matter arising out of a contract are “where the contract was negotiated or executed, where it was to be performed, and where the alleged breach occurred.” Oubre v.

  • Subject to the provisions of the Confidentiality Agreement, Schein has been providing Lead Counsel with reasonable Due-Diligence Discovery regarding the Operative Facts underlying the claims in the Complaint to allow Lead Plaintiff and Lead Counsel to determine whether the proposed Settlement is fair, reasonable, and adequate.

  • If the charter of the company does not stipulate a time-limit, then the Board of Management must convene a General Meeting of Shareholders within a time-limit of thirty (30) days as from the date on which the number of remaining members of the Board of Management is as stipulated in sub-clause (b) hereof or from the date of receipt of the request stipulated in sub-clauses (c) and (d) of clause 3 of this article.

  • Mutually Released Claims” means each and every Claim that, as of, on or before the Final Settlement Date, was, could have been or could be alleged by any Derivative Defendant against any other Derivative Defendant and that arises directly or indirectly out of, or in any way relates to, any of the Operative Facts.

  • No Common Nucleus of Operative Facts After a Change in Circumstances {¶26} In applying the doctrine of res judicata, the Ohio Supreme Court has clarified that the phrase “arising out of the same transaction or occurrence that was the subject matter of the previous action” means that the claims have a “common nucleus of operative facts.” Grava, 73 Ohio St.3d at 382-383, 653 N.E.2d 226.

  • Substantial Connection between Contacts with Texas and Operative Facts of the LitigationFor a nonresident defendant’s forum contacts to support an exercise of specific jurisdiction, there also must be a substantial connection between those contacts and the operative facts of the litigation.

  • Henry Schein, Inc., No. 2:19-cv-5530 (E.D.N.Y.), or any cases consolidated into that action; (iii) any claims asserted in the Antitrust Proceedings or by any governmental entity that arise out of any governmental investigation of Defendants relating to the Operative Facts except to the extent that any such claims arise from or are based on the purchase of Schein common stock during the Class Period; or (iv) any claims to enforce this Settlement Agreement.

  • Subject to the provisions of the Confidentiality Agreement, Defendant will provide Class Counsel with reasonable Confirmatory Discovery (as described in Section II.B below) regarding the Operative Facts underlying the claims in the Complaint to allow Lead Plaintiff and Class Counsel to explore whether the underlying Operative Facts are consistent with Lead Plaintiff’s and Class Counsel’s current understanding that the proposed Settlement is fair, reasonable and adequate.

Related to Operative Facts

  • Aquaculture facility means the same as that term is defined in Section 4-37-103.

  • Cost of idle facilities or idle capacity means costs such as maintenance, repair, housing, rent, and other related costs, e.g., insurance, interest, property taxes and depreciation or use allowances.

  • Sub-acute facility means a facility that provides intermediate care on short-term or long-term basis.

  • Test Facility means any WRAS suitably accredited test laboratory;

  • Condominium Property means the lands, leaseholds, and personal property that are subjected to condominium ownership, whether or not contiguous, and all improvements thereon and all easements and rights appurtenant thereto intended for use in connection with the condominium.

  • Sub-project means a specific development project to be carried out by a Beneficiary utilizing the proceeds of a Sub-loan; and

  • Permitted Facility means a facility authorized by the general permit to discharge total nitrogen or

  • Condominium Project Real estate including the separate ownership in fee, or on a satisfactory leasehold estate, of a particular residential unit with an indivisible interest in the real estate designated for common ownership strictly by unit owners.

  • Operating Property means any property owned, leased, or operated by the Party in question or by any of its Subsidiaries or in which such Party or Subsidiary holds a security interest or other interest (including an interest in a fiduciary capacity), and, where required by the context, includes the owner or operator of such property, but only with respect to such property.

  • Single-family dwelling unit means a structure that is usually occupied by just one household or family and for the purposes of this Policy is expected to generate an average of 250 gallons per day of wastewater.

  • Idle facilities means completely unused facilities that are excess to the governmental unit's current needs.

  • Vending facility means automatic vending machines, cafeterias, snack bars, cart service, shelters, counters, and such other appropriate auxiliary equipment which may be operated by licensed managers and which is necessary for the sale of newspapers, periodicals, confections, tobacco products, foods, beverages, and other articles or services dispensed automatically or manually and prepared on or off the premises in accordance with all applicable health laws and including the vending or exchange of chances for any lottery authorized by State Law and conducted by an agency of a State within such State. [CFR 34, Part 395.1(X)]

  • Undeveloped Property means all Assessor’s Parcels of Taxable Property which are not Developed Property.

  • Project Facility means facility being one or more of the following facilities as specified in the Special Conditions of Contract, being developed in accordance with the Project and the Detailed Project Implementation Report and includes all its buildings, equipment, facilities, software and systems and includes without limitation, where the circumstances so require, any expansion thereof from time to time and may include any new location to be separately mentioned in the Special Conditions of Contract.

  • Project Facilities means any facilities to be constructed, provided, rehabilitated, operated and/or maintained under the Project;

  • Residential facility means a home or facility that is licensed by the department of developmental disabilities under section 5123.19 of the Revised Code and in which a child with a developmental disability resides.

  • Dwelling unit means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

  • Residential child care facility means a twenty-four-hour residential facility where children live together with or are supervised by adults who are not their parents or relatives;

  • Project Property means the real property on or for which preconstruction service or construction work is or will be provided.

  • Public works project means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.