Commencement of Actions. Neither party may bring an action, regardless of form, arising out of the Agreement more than two (2) years after the later to occur of the date on which the cause of action has arisen or the date such cause of action was or should have been discovered.
Commencement of Actions. Neither Party may bring an action, regardless of form, arising out of this Agreement more than four (4) years after the later to occur of the date on which the cause of action has arisen or the date such cause of action was or should have been discovered.
Commencement of Actions. The Shareholder (in his capacity as a shareholder of the Company) agrees not to commence or participate in, whether or not in connection with any class action, any claim, derivative or otherwise, against Parent, Merger Sub, the Company or any of their respective successors relating to the negotiation, execution or delivery of this Agreement or the Merger Agreement or the consummation of the Transactions, including the Merger, including any claim (i) challenging the validity of or seeking to enjoin the operation of any provision of this Agreement or (ii) alleging a breach of any fiduciary duty of the Company Board in connection with the Merger Agreement or the Transactions contemplated thereby; provided, that the foregoing covenants shall not be deemed a consent to or waiver of any rights by the Shareholder of any breach of this Agreement by Parent or Merger Sub.
Commencement of Actions. NO ACTION AGAINST THE LICENSOR OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR SHAREHOLDERS, REGARDLESS OF FORM (INCLUDING NEGLIGENCE) ARISING OUT OF ANY CLAIMED BREACH OF THIS AGREEMENT OR IN ANY OTHER WAY RELATED TO THIS AGREEMENT MAY BE BROUGHT BY THE CUSTOMER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS
Commencement of Actions. All actions by the Company to seek indemnification pursuant hereto shall be controlled by a majority of the members of the Board of Directors of the Company appointed by the Purchasers as provided in the Shareholders Agreement.
Commencement of Actions. No action arising out of any claimed breach of this Agreement or the services to be provided hereunder may be brought by either party more than one (1) year after the cause of action has occurred except that a claim for payments due hereunder may be brought within the period of the statute of limitations.
Commencement of Actions. Commence any action to enforce any rights or remedies in or in connection with, or to foreclose upon, any of the Lomax Xxxn Collateral, except and only to the extent permitted by, and then only in accordance with, the prior written consent of Agent.
Commencement of Actions. Notwithstanding anything to the contrary in subsection 10.17 hereof or in any Loan Document, Administrative Agent will not commence judicial proceedings against any Loan Party in any court other than a state or federal court in the State, County and City of New York without the consent of Syndication Agent.
Commencement of Actions. Each Shareholder agrees not to commence or participate in, whether or not in connection with any class action, any claim, derivative or otherwise, against Parent, Merger Sub, the Company or any of their respective successors relating to the negotiation, execution or delivery of this Agreement or the Merger Agreement or the consummation of the Transactions, including the Merger, including any claim (i) challenging the validity of or seeking to enjoin the operation of any provision of this Agreement or (ii) alleging a breach of any fiduciary duty of the Company Board in connection with the Merger Agreement or the Transactions contemplated thereby; provided, that the foregoing covenants shall not be deemed a consent to or waiver of any rights by any Shareholder of any breach of this Agreement by Parent or Merger Sub.
