Fraud Claim definition

Fraud Claim means any claim based in whole or in part upon fraud, willful misconduct or intentional misrepresentation.
Fraud Claim means any claim based upon intentional fraud as defined under the common law of the State of Delaware.

Examples of Fraud Claim in a sentence

  • Notwithstanding the foregoing, nothing contained in this Agreement shall operate as a waiver of a Fraud Claim.

  • The ways in which such authority is pooled or divided is determined by market power and negotiated arrangements which may be understood as designs or patterns.

  • The Fraud Claim (Count IX) The Moving Defendants seek to dismiss Binks’s fraud claim (Count IX) on the grounds that it does not allege a claim against any of them.97 Binks concedes no substantive reason why the derivative claims at issue here ought to be considered direct claims.

  • The ACR shall evaluate each Abuse Claim and shall determine whether the Abuse Claim is an Abuse Claim by an adult, a Sexual Abuse Claim by a child, a Fraud Claim or a Physical Abuse Claim.

  • Nothing in this Section 13.6 shall have the effect of excluding or limiting any liability for or remedy in respect of a Fraud Claim.


More Definitions of Fraud Claim

Fraud Claim means any claim, to the extent based on fraud or on an action constituting a material breach of this Agreement taken intentionally by a Warrantor with the actual knowledge that such action was a breach of this Agreement, including the making of a false representation by Warrantor hereunder with the actual knowledge that such representation was false, with the intention by Warrantor to induce reliance on such action and upon which Purchaser did in fact rely, resulting in the claimed Losses.
Fraud Claim means a claim that the Debtors fraudulently induced the Claimant to settle one or more Claims of Abuse prior to the Petition Date. Fraud Claims are listed on Exhibit 2.63; provided, however, that any Claim not listed on Exhibit 2.63 may be characterized as a Fraud Claim pursuant to further Order of the Bankruptcy Court.
Fraud Claim means any claim based in whole or in part upon fraud, willful misconduct or intentional misrepresentation. “GAAP” means generally accepted accounting principles as in effect in the United States of America.
Fraud Claim means any claim based in whole or in part upon fraud (which means, with respect to any Person, the making of a statement of fact in the express representations and warranties set forth in this Agreement or any certificate delivered pursuant hereto, with the intent to deceive another Person and which requires the elements defined by Delaware common law) against the Person who committed a fraud, which such claim can only be brought by the Person alleged to have suffered from such alleged fraud. In no event shall fraud hereunder or a Fraud Claim include any claim for equitable fraud, promissory fraud, unfair dealings fraud, or any torts (including a claim for fraud) based on negligence or recklessness.
Fraud Claim means a claim against a Person for fraud, as defined under the Laws of the State of Delaware (excluding any theories of equitable or constructive fraud or negligent misrepresentation), of such Person with respect to the making of the representations and warranties of such Person set forth in this Agreement when made; provided, that no Person shall be liable for or as a result of any other Person’s fraud.
Fraud Claim means any claim based common law fraud under New York Law.
Fraud Claim means any claim based on actual fraud involving a knowing and intentional misrepresentation or omission in making such Party’s representations and warranties expressly set forth in this Agreement or any Ancillary Document with the intent that any other Party rely thereon (as opposed to any fraud claim based on constructive knowledge, negligent misrepresentation or omission or a similar theory).
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