Pursuant to the Order Clause Samples

Pursuant to the Order. Approving Settlement and Final Judgment, without further action by anyone, on and after the Effective Date, Class Counsel, on behalf of themselves, their heirs, executors, administrators, predecessors, successors, Affiliates, assigns, and any person or entity claiming by or through any of them, for good and sufficient consideration, the receipt and adequacy of which are hereby acknowledged, shall be deemed to have, and by operation of law and of the Final Order and the Judgment shall have, fully, finally, and forever released, relinquished, settled, and discharged Defendants’ Counsel and all other Releasees from any and all Claims that relate in any way to any and all acts directly or indirectly relating to the prosecution, defense, or settlement of the Producer Class Action or the Nebraska Action or to the Producer Class Action Settlement Agreement, except to the extent otherwise specified in the Producer Class Action Settlement Agreement. Pursuant to the Order Approving Settlement and Final Judgment, without further action by anyone, on and after the Effective Date, Defendants, Releasees, and Defendants’ Counsel, on behalf of themselves, their heirs, executors, administrators, predecessors, successors, Affiliates, assigns, and any person or entity claiming by or through any of them, for good and sufficient consideration, the receipt and adequacy of which are hereby acknowledged, shall be deemed to have, and by operation of law and of the Final Order and the Judgment shall have, fully, finally, and forever released, relinquished, settled, and discharged Representative Plaintiffs and their agents, advisors, and counsel, including Class Counsel, from any and all Claims that relate to any and all acts directly or indirectly relating to the prosecution, defense, or settlement of the Producer Class Action or the Nebraska Action or to the Producer Class Action Settlement Agreement, except to the extent otherwise specified in the Producer Class Action Settlement Agreement.
View SourceView Similar (2)
Pursuant to the Order of Certification issued by the Illinois Educational Labor Relations Board on May 28, 2014, in case number 2013-RC-0008-S, the University recognizes the Uni Faculty Organization/IEA/NEA as the exclusive representative for purposes of collective bargaining for the bargaining unit described below and such other classifications as may be added in accordance with the law:
View Source
Pursuant to the Order. Approving Settlement and Final Judgment, without further action by anyone, on and after the Effective Date, each and all Defendants, on behalf of themselves and their respective legal representatives, heirs, executors, administrators, predecessors, successors in interest, transferees and assignees, in their capacities as such, for good and sufficient consideration, shall be deemed to have, and by operation of law and of the Order Approving Settlement and Final Judgment shall have, fully, finally, and forever released, relinquished, settled, and discharged all Released Defendants’ Claims against each and every one of the Plaintiffs’ Releasees, except to the extent otherwise specified in this Settlement Agreement.
View Source
Pursuant to the Order the Trust agrees that its Board of Trustees will monitor for the existence of any material irreconcilable conflict between the interests of the investors in all separate accounts of life insurance companies utilizing the Trust ("Participating Insurance Companies"), including each Separate Account and each Contract, and participants in all qualified retirement and pension plans investing in the Trust ("Participating Plans"). GWL&A agrees to inform the Board of Trustees of the Trust of the existence of, or any potential for, any such material irreconcilable conflict of which it is aware. The concept of a "material irreconcilable conflict" is not defined by the 1940 Act or the rules thereunder, but the Parties recognize that such a conflict may arise for a variety of reasons, including, without limitation: (a) an action by any state insurance or other regulatory authority; (b) a change in applicable federal or state insurance, tax or securities laws or regulations, or a public ruling, private letter ruling, no-action or interpretative letter, or any similar action by insurance, tax or securities regulatory authorities; (c) an administrative or judicial decision in any relevant proceeding; (d) the manner in which the investments of any Fund are being managed; (e) a difference in voting instructions given by variable annuity contract and variable life insurance Contract owners or by the separate accounts of different Participating Insurance Companies; (f) a decision by a Participating Insurance Company to disregard the voting instructions of Contract owners; or (g) a decision by a Participating Plan to disregard the voting instructions of Plan participants. GWL&A will assist the Board of Trustees in carrying out its responsibilities under the Order by providing the Board of Trustees with all information reasonably necessary for the Board of Trustees to consider any issue of material irreconcilable conflict raised, including information as to a decision by GWL&A to disregard voting instructions of its Contract owners.
View Source
Pursuant to the Order. Prejudgment For Writ of Replevin and Prejudgment Writ of Replevin entered by the Court and Clerk of Court on October 3, 2003 and October 7, 2003, respectively, CIT shall be and is entitled to possession of the equipment returned to CIT, which equipment is defined in the Settlement Agreement as the “Returned Equipment” (other than the equipment comprising Purchase Order #1049595), as against Digital and all parties or creditors acting by or through Digital and such determination of possession is binding and final for all purposes and shall survive dismissal of this Action.
View Source

Related to Pursuant to the Order

  • Pursuant to the Act The Company has filed with the Commission a registration statement and any amendment thereto, on Form S-1 (File No. 333-[●]), including any related preliminary prospectus (the “Preliminary Prospectus”, including any prospectus that is included in the registration statement immediately prior to the effectiveness of the registration statement), for the registration of the Units under the Act, which registration statement and amendment or amendments have been prepared by the Company in conformity with the requirements of the Act, and the rules and regulations (the “Regulations”) of the Commission under the Act. The conditions for use of Form S-1 to register the Offering under the Act, as set forth in the General Instructions to such Form, have been satisfied. Except as the context may otherwise require, such registration statement, as amended, on file with the Commission at the time the registration statement became effective, including the prospectus, financial statements, schedules, exhibits and all other documents filed as a part thereof or incorporated therein and all information deemed to be a part thereof as of such time pursuant to Rule 430A of the Regulations, together with the registration statement filed by the Company pursuant to Rule 462(b) under the Act registering additional Public Securities (the “Rule 462(b) Registration Statement”), is hereinafter called the “Registration Statement,” and the form of the final prospectus dated the Effective Date included in the Registration Statement (or, if applicable, the form of final prospectus containing information permitted to be omitted at the time of effectiveness by Rule 430A of the Regulations, filed by the Company with the Commission pursuant to Rule 424 of the Regulations), is hereinafter called the “Prospectus.” For purposes of this Agreement, “Applicable Time,” as used in the Act, means 5:00 p.m. New York City time, on the date of this Agreement. Prior to the Applicable Time, the Company prepared a Preliminary Prospectus, which was included in the Registration Statement filed on [●], 2021, for distribution by the Underwriters (such Preliminary Prospectus used most recently prior to the Applicable Time, the “Statutory Prospectus”). Other than the Registration Statement, together with any correspondence letters between the Company and/or counsel for the Company and the Commission, no other document with respect to the Registration Statement has been filed under the Act with the Commission. All of the Public Securities have been or will be registered for public sale under the Act pursuant to the Registration Statement. The Registration Statement has been declared effective by the Commission on the date hereof. If, subsequent to the date of this Agreement, the Company or the Representative determines that, at the Applicable Time, the Statutory Prospectus included an untrue statement of a material fact or omitted a statement of material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading and the Company and the Representative agree to provide an opportunity to purchasers of the Units to terminate their old purchase contracts and enter into new purchase contracts, then the Statutory Prospectus will be deemed to include any additional information available to purchasers at the time of entry into the first such new purchase contract.

  • Agreement Subject to the Plan This Agreement is subject to the provisions of the Plan and shall be interpreted in accordance therewith. The Holder hereby acknowledges receipt of a copy of the Plan.

  • Pursuant to the Company's customary policies in force at the time of payment, Executive shall be promptly reimbursed, against presentation of vouchers or receipts therefor, for all authorized expenses properly incurred by Executive on the Company's behalf in the performance of Executive's duties hereunder.

  • Termination Procedures and Compensation During Dispute 7.1. After a Change in Control and during the term of this Agreement, any purported termination of the Executive's employment (other than by reason of death) shall be communicated by written Notice of Termination from one party hereto to the other party hereto in accordance with Section 10 hereof. For purposes of this Agreement, a "Notice of Termination" shall mean a notice which shall indicate the specific termination provision in this Agreement relied upon and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of the Executive's employment under the provision so indicated. Further, a Notice of Termination for Cause issued by the Company is required to include a copy of a resolution duly adopted by the affirmative vote of not less than three-quarters (3/4) of the entire membership of the Board at a meeting of the Board which was called and held for the purpose of considering such termination (after reasonable notice to the Executive and an opportunity for the Executive, together with the Executive's Counsel, to be heard before the Board) finding that, in the good faith opinion of the Board, the Executive engaged in conduct set forth in clause (i) or (ii) of the definition of Cause herein, and specifying the particulars thereof in detail.

  • Pursuant to the Exchange Act The Company has filed with the Commission a Form 8-A (File Number 000-_____) providing for the registration under the Securities Exchange Act of 1934, as amended ("Exchange Act"), of the Units, the Common Stock and the Warrants. The registration of the Units, Common Stock and Warrants under the Exchange Act has been declared effective by the Commission on the date hereof.