Court Intervention Sample Clauses

Court Intervention. Should the actionable steps identified in the mediation referenced above in Section IV.B.3 not result in the exit criteria being met, or if a party seeks to modify the exit criteria, either party may choose to request Court intervention. If a party chooses to request Court intervention, that party shall provide the other party with notice of intent to seek Court intervention prior to filing. Such notice shall describe with particularity the issues for which the party is seeking Court intervention. Within ten business days, the receiving party shall have an opportunity to address those issues prior to the moving party seeking Court intervention. Any relief or modification sought shall be limited to a request for specific performance or specific modification of the provision at issue. Any initial filing with the Court shall not seek any contempt remedy.
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Court Intervention. If Defendants’ performance does not meet the applicable Performance Criteria in the monitoring report immediately subsequent to the corrective action planning process set forth above in Section IV.3.B., Plaintiffs shall have the right to seek relief from the federal District Court based on the full scope of its equitable and contempt powers. The Parties agree that the informal dispute resolution procedure set forth in Section IV.3.A is a condition precedent to seeking court intervention under the terms of this Paragraph.
Sample 1
Court Intervention. After complying with Paragraph 16.1 above, if the Parties are unable to resolve their dispute, then the Parties may seek Court intervention. The moving papers shall explain the facts and circumstances that allegedly necessitate immediate action by the Court. If any such matter is brought before the Court requesting immediate Court action, the opposing party shall be provided with appropriate actual notice, and an opportunity to be heard in opposition to the motion, pursuant to the Local Rules of the Court and the Federal Rules of Civil Procedure. The Court in its discretion may set such procedures for emergency consideration as are appropriate to the particular facts and circumstances, but no such matter may be conducted on an ex parte basis.
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Court Intervention. Notwithstanding any other provision to the contrary, the Company shall not be obligated to indemnify or advance Liabilities to an Indemnitee to the extent that a court having jurisdiction over the matter shall enjoin or otherwise forbid the Company, either temporarily or permanently, from providing such indemnification or advancements.
Sample 1

Related to Court Intervention

  • Government Intervention The authority of any member of the NCLC Group in the conduct of its business shall be wholly or substantially curtailed by any seizure or intervention by or on behalf of any authority and within 90 days of the date of its occurrence any such seizure or intervention is not relinquished or withdrawn and the Facility Agent reasonably considers that the relevant occurrence is or might be expected to become materially prejudicial to the interests, rights or position of the Agents and/or the Lenders; provided that the Borrower shall not be entitled to the aforesaid 90 day period if the seizure or intervention executed by any authority is due to an act or omission of any member of the NCLC Group and the Facility Agent is satisfied, in its sole discretion, that the interests of the Agents and/or the Lenders might reasonably be expected to be materially adversely affected; or

  • Proceeding For the purposes of this Agreement, “proceeding” means any threatened, pending, or completed action, suit or other proceeding, whether civil, criminal, administrative, or investigative.

  • Court Proceedings Subject to the terms of this Agreement, First Majestic will cooperate with and assist Silvermex in seeking the Interim Order and the Final Order, including by providing Silvermex on a timely basis any information reasonably required to be supplied by First Majestic in connection therewith. Silvermex will provide legal counsel to First Majestic with reasonable opportunity to review and comment upon drafts of all material to be filed with the Court in connection with the Arrangement, and will give reasonable consideration to all such comments. Subject to applicable Law, Silvermex will not file any material with the Court in connection with the Arrangement or serve any such material, and will not agree to modify or amend materials so filed or served, except as contemplated by this Section 2.6 or with First Majestic’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed; provided, however, that nothing herein shall require First Majestic to agree or consent to any increase in consideration or other modification or amendment to such filed or served materials that expands or increases First Majestic’s obligations set forth in any such filed or served materials or under this Agreement or the Arrangement. Silvermex shall also provide to First Majestic’s legal counsel on a timely basis copies of any notice of appearance or other Court documents served on Silvermex in respect of the application for the Interim Order or the Final Order or any appeal therefrom and of any notice, whether written or oral, received by Silvermex indicating any intention to oppose the granting of the Interim Order or the Final Order or to appeal the Interim Order or the Final Order. Silvermex will ensure that all materials filed with the Court in connection with the Arrangement are consistent in all material respects with the terms of this Agreement and the Plan of Arrangement. In addition, Silvermex will not object to legal counsel to First Majestic making such submissions on the hearing of the motion for the Interim Order and the application for the Final Order as such counsel considers appropriate; provided, however, that Silvermex is advised of the nature of any submissions prior to the hearing and such submissions are consistent with this Agreement and the Plan of Arrangement. Silvermex will also oppose any proposal from any party that the Final Order contain any provision inconsistent with this Agreement, and, if at any time after the issuance of the Final Order and prior to the Effective Date, Silvermex is required by the terms of the Final Order or by Law to return to Court with respect to the Final Order, it shall do so after notice to, and in consultation and cooperation with, First Majestic.

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