Common use of Certain Litigation Clause in Contracts

Certain Litigation. The Company shall promptly advise Parent orally and in writing of any litigation commenced after the date hereof against the Company or any of its directors by any Company Stockholders (on their own behalf or on behalf of the Company) relating to this Agreement or the transactions contemplated hereby (including the Offer and the Merger) and shall keep Parent reasonably informed regarding any such litigation. The Company shall give Parent the opportunity to consult with the Company regarding the defense or settlement of any such stockholder litigation and shall consider Parent’s views with respect to such stockholder litigation and shall not settle any such stockholder litigation without the prior written consent of Parent.

Certain Litigation. The Company shall promptly advise Parent orally and in writing of any litigation commenced after the date hereof against the Company or any of its directors (in their capacity as such) by any Company Stockholders (on their own behalf or on behalf of the Company) relating to this Agreement the Transaction Agreements or the transactions contemplated hereby (including the Offer and the Merger) Transactions, and shall keep Parent reasonably informed regarding any such litigation. The Company shall (i) control the defense of any such stockholder litigation and (ii) give Parent the opportunity to consult with the Company regarding participate at Parent’s expense in the defense or settlement of any such stockholder litigation and shall consider Parent’s views with respect to such stockholder litigation and shall not settle litigation. No settlement of any such stockholder litigation shall be agreed to without the Parent’s prior written consent of Parent(which consent shall not be unreasonably withheld, conditioned or delayed).

Certain Litigation. The Company shall promptly advise Parent orally and in writing of any litigation commenced after the date hereof against the Company or any of its directors by any Company Stockholders (on their own behalf or on behalf of the Company) relating to this Agreement or the transactions contemplated hereby (including the Offer and the Merger) and shall keep Parent reasonably informed regarding any such litigation. The Company shall control, and shall give Parent the opportunity to consult with the Company regarding the defense or settlement of any such stockholder litigation and shall consider Parent’s views with respect to such stockholder litigation and shall not settle any such stockholder litigation without the prior written consent of ParentParent (not to be unreasonably withheld, conditioned or delayed).

Certain Litigation. The Company shall promptly advise Parent orally and in writing of any litigation commenced after the date hereof against the Company or any of its directors by any Company Stockholders (on their own behalf or on behalf of the Company) relating to this Agreement or the transactions contemplated hereby (including the Offer and the Merger) and shall keep Parent reasonably informed regarding any such litigation. The Company shall give Parent the opportunity to consult with the Company regarding the defense or settlement of any such stockholder litigation and shall consider Parent’s views with respect to such stockholder litigation and shall not settle any such stockholder litigation without the prior written consent of Parent.

Certain Litigation. The Company shall promptly advise Parent orally and in writing of any litigation Legal Proceeding commenced after the date hereof against the Company or any of its directors (in their capacity as such) by any Company Stockholders (on their own behalf or on behalf of the Company) relating to this Agreement or the transactions contemplated hereby (including the Offer and the Merger) hereby, and shall keep Parent reasonably informed regarding any such litigationLegal Proceeding. The Subject to execution of a customary joint defense agreement, and except if the Company Board has made a Company Board Recommendation Change, the Company shall give Parent the opportunity to participate in and consult with the Company regarding the defense or settlement of any such stockholder litigation and shall consider (at Parent’s views with respect to such stockholder litigation expense), and the Company shall not offer to settle any such stockholder litigation litigation, nor shall any such settlement be agreed to without the Parent’s prior written consent of Parent(not to be unreasonably withheld, conditioned or delayed).

Certain Litigation. The Company shall promptly advise Parent orally and in writing after becoming aware of any litigation Legal Proceeding commenced after the date hereof against the Company or any of its directors by any stockholder of the Company Stockholders (on their own behalf or on behalf of the Company) relating to this Agreement or the transactions contemplated hereby (including the Offer and the Merger) and shall keep Parent reasonably informed regarding any such litigationLegal Proceeding. The Company shall give Parent the opportunity to consult with the Company regarding the defense or settlement of any such stockholder litigation and shall consider Parent’s views with respect to such stockholder litigation and shall not settle any such stockholder litigation without the prior written consent of ParentParent (which consent shall not be unreasonably withheld, delayed or conditioned).

Certain Litigation. The Company shall promptly advise Parent orally and in writing after becoming aware of any litigation Legal Proceeding commenced after the date hereof against the Company or any of its directors by any stockholder of the Company Stockholders (on their own behalf or on behalf of the Company) relating to this Agreement or the transactions contemplated hereby (including the Offer and the Merger) and shall keep Parent reasonably informed regarding any such litigationLegal Proceeding. The Company shall give Parent the opportunity to consult with the Company regarding the defense or settlement of any such stockholder litigation and shall consider Parent’s views with respect to such stockholder litigation and shall not settle any such stockholder litigation without the prior written consent of ParentParent (which consent shall not be unreasonably withheld, conditioned or delayed).

Certain Litigation. The Company shall promptly advise Parent orally and in writing of any litigation Legal Proceeding commenced after the date hereof against the Company or any of its directors (in their capacity as such) by any Company Stockholders (on their own behalf or on behalf of the Company) relating to this Agreement or the transactions contemplated hereby (including the Offer and the Merger) hereby, and shall keep Parent reasonably informed regarding any such litigationLegal Proceeding. The Subject to execution of a customary joint defense agreement, and except if the Company Board has made a Company Board Recommendation Change, the Company shall give Parent the opportunity to participate in and consult with the Company regarding the defense or settlement of any such stockholder litigation and shall consider (at Parent’s views with respect to such stockholder litigation expense), 42 and the Company shall not offer to settle any such stockholder litigation litigation, nor shall any such settlement be agreed to without the Parent’s prior written consent of Parent(not to be unreasonably withheld, conditioned or delayed).

Certain Litigation. The Company shall promptly advise Parent orally and in writing of any litigation commenced after the date hereof against the Company or any of its directors or officers (in their capacity as such) by any Company Stockholders (on their own behalf or on behalf of the Company) relating to this Agreement or the transactions contemplated hereby (including the Offer and the Merger) hereby, and shall keep Parent reasonably informed regarding any such litigation. The Company shall give Parent the opportunity to consult with the Company regarding the defense or settlement of any such stockholder litigation and shall consider Parent’s views with respect to such stockholder litigation and litigation. The Company shall not settle any such stockholder litigation without the Parent’s prior written consent of Parent(which consent shall not be unreasonably withheld).

Certain Litigation. The Company shall promptly advise Parent orally and in writing of any litigation Legal Proceeding commenced after the date hereof against the Company or any of its directors by any stockholder of the Company Stockholders (on their own behalf or on behalf of the Company) relating to this Agreement or the transactions contemplated hereby (including the Offer and the Merger) and shall keep Parent reasonably informed regarding any such litigationLegal Proceeding. The Company shall give Parent the opportunity to consult with the Company regarding the defense or settlement of any such stockholder litigation and shall consider Parent’s views with respect to such stockholder litigation in good faith, and shall not settle any such stockholder litigation without the prior written consent approval of ParentParent (which will not be unreasonably withheld, conditioned or delayed).