Proceeding

Proceeding. Shall include any threatened, pending, or completed action, suit, arbitration or proceeding, whether or not brought by or in the right of the IRS or any other taxing authority, and whether of a civil, criminal, administrative or investigative nature, against Indemnitee in connection with the Repayment Agreement, involving or otherwise as a result of Section 409A.

Proceeding. Any threatened, pending, or completed action, suit, self-help action by a third party, proceeding or alternative dispute resolution mechanism, or any hearing, inquiry, or investigation that Indemnitee in good faith believes might lead to the institution of any such action, suit, self-help action, proceeding, hearing, or alternative dispute resolution mechanism, whether civil, criminal, judicial, administrative, investigative or otherwise, including, but not limited to, the Pacific Capital... Lawsuit. View More

Proceeding. Shall include any threatened, pending or completed action, suit, arbitration, alternate dispute resolution mechanism, investigation (including but not limited to any internal corporate investigation), inquiry, administrative hearing or any other actual, threatened or completed proceeding, including any and all appeals, whether brought in the right of the Company or otherwise and whether of a civil, criminal, administrative or investigative nature, in which Director was, is, or will be a party... to, a witness in or otherwise participates in by reason of the fact that Director is or was a director or officer of the Company, by reason of any action taken by him or of any action on his part while acting as director or officer of the Company, or by reason of the fact that he is or was serving at the request of the Company as a director, officer, employee or agent of another Enterprise, in each case whether or not serving in such capacity at the time any liability or expense is incurred for which indemnification, reimbursement, or payment of expenses can be provided under this Agreement; except one initiated by a Director to enforce his rights under this Agreement. Any Director serving, in any capacity, (i) another corporation of which a majority of the shares entitled to vote in the election of its directors is held by the Company, or (ii) any employee benefit plan of the Company or of any corporation referred to in clause (i), shall be deemed to be doing so at the request of the Company. View More

Proceeding. Means (a) any insolvency, bankruptcy, receivership, custodianship, liquidation, reorganization, readjustment, composition, or other similar proceeding relating to Borrower or any of its respective properties, whether under any bankruptcy, reorganization, or insolvency laws or any law relating to relief of debtors, readjustment of indebtedness, reorganization, composition, or extension; (b) any proceeding for the liquidation, liquidating distribution, dissolution, or other winding up of... Borrower, voluntary or involuntary, whether or not involving insolvency or bankruptcy proceedings; (c) any assignment for the benefit of creditors of Borrower; or (d) any other marshalling of the assets of Borrower. View More

Proceeding. Includes any legal proceeding or investigative action, whether current, threatened, pending or completed; and

Proceeding. Includes any threatened, pending or completed action, suit or proceeding, whether of a civil, criminal, administrative, arbitrative or investigative nature (including all appeals therefrom), or any inquiry or investigation that could lead to such an action, suit or proceeding.

Proceeding. Means the Chapter 11 Case of the Debtor. 5

Proceeding. Means any action, claim, suit, arbitration, inquiry, notice of violation, investigation or other proceeding.

Proceeding. Shall include (i) any written demand for monetary or non-monetary relief; (ii) any pending or completed action, suit or proceeding, including any appeals of the foregoing, whether brought by third parties or by or in the right of the Company; or (iii) any formal civil, criminal, administrative or regulatory proceeding or investigation, in which the Indemnitee may be or may have been involved as a party or otherwise, by reason of any action taken by Indemnitee, or of any inaction on his or her... part, while acting in his or her capacity as such a Director or Office, or by reason of the fact that he or she is or was serving at the request of the Company as a director, officer, employee or agent of another corporation, partnership joint venture, trust or other enterprise; in each case whether or not he or she is acting or serving in any such capacity at the time any liability or Defense Expenses are incurred for which indemnification or reimbursement can be provided under this Agreement. View More

Proceeding. An action, claim, suit or proceeding (including without limitation, an investigation or partial proceeding, such as a deposition), whether commenced or, to the knowledge of the Person subject thereto, threatened.