Covenants Not to Sxx. Effective upon the delivery of the Settlement Shares by the Company in accordance with the Settlement Instructions, the Lender agrees that it shall not file suit or initiate legal proceedings against any person for events occurring prior to the date of this Agreement for the collection of the Outstanding Facility Debt or any claim for relief arising under the Indebtedness Documents or the obligation evidenced thereby.
Covenants Not to Sxx. Individual agrees and covenants not to sxx or prosecute any claim that might now or ever be asserted arising out of or pertaining to Individual’s employment with the Company and any of its predecessors or affiliates.
Covenants Not to Sxx. (a) MIPS and its Affiliates covenant not to Assert any Claim against (i) Broadcom or any of its Affiliates, for infringement of any Licensed Patent (whether direct, contributory or by inducement, and whether or not willful) resulting from the use, manufacture, Sale, offer to Sell or import of any Broadcom Licensed Product, regardless of whether such Claim arose before or after the Effective Date, but only to the extent such use, manufacture, Sale or import of the applicable Broadcom Licensed Product, would, if it occurred after the Effective Date, be within the scope of the license set forth in Section 3.1.
Covenants Not to Sxx. Effective upon the delivery of the Settlement Amount by the Company to the Holders in accordance with this Agreement, each Holder agrees that it shall not file suit or initiate legal proceedings against the Company, each of the Company’s past or present shareholders, members, predecessors, successors, parents and subsidiaries, partners, officers, directors, managers, employees, agents, servants, attorneys, assigns, transferees, beneficiaries, subrogees, insurers, or underwriters solely for the Company’s failure to deliver the Dividend Payment to any Holder when due pursuant to the terms of the Series A Certificate of Designation.
Covenants Not to Sxx. (a) Except for the Unreleased Rapparport Claims, the Rapparport Releasors also agree not to initiate a lawsuit or proceeding or bring a claim against any of the iGo Releasees, in any court, or otherwise, relating or pertaining to any matter which is subject to the release set forth in Section 2(a) above, including, but not limited to, any claim under any common law, whether in law or equity, or federal, state or local statute, ordinance or rule of law.
Covenants Not to Sxx. (a) The Parties hereby covenant and agree not to commence against each other any action or proceeding of any nature whatsoever with respect to any of the claims hereby released. The Parties hereby further covenant and agree not to join in or to participate in any action or proceeding based upon, arising out of or relating to the claims hereby released, unless such participation is compelled by order of a court of competent jurisdiction.
Covenants Not to Sxx. (a) Besins hereby covenants, on behalf of itself and its Affiliates, successors and assigns, not to sxx or otherwise bring a claim against Atossa or its Affiliates or Atossa Third Party Resellers, during the Term, asserting that their conduct of the following activities infringes any Regulatory Information and/or Intellectual Property that is Controlled by Besins and not licensed to Atossa pursuant to this Agreement: (i) making, having made, manufacturing, having manufactured, using, selling, having sold, offering to sell, having offered to sell, importing, having imported, exporting, have exported, or otherwise transferring, disposing of, distributing, or Developing Afimoxifene Gel for the sole purposes of obtaining Regulatory Approval and Commercialization of Afimoxifene Gel for any Indication in the Field and practicing in the Field in the Territory any method using Afimoxifene Gel claimed by intellectual property that is Controlled by Besins and not licensed to Atossa pursuant to this Agreement. In addition to Atossa and its Affiliates, the covenant set forth in this Section 2.3(a) shall extend to (1) Third Parties, including Sublicensees and Atossa Suppliers, to whom Atossa has granted sublicenses to the rights obtained by Atossa under Section 2 of this Agreement, or who purchase or otherwise receive Afimoxifene Gel for use in the Field from Atossa consistent with the terms of this Agreement; (2) other of Atossa’s Sublicensees of the rights obtained by Atossa under Section 2 of this Agreement, including Atossa Third Party Resellers and customers who receive Afimoxifene Gel for use in the Field in the Territory consistent with the terms of this Agreement; and (3) any successors and assigns of Atossa or Affiliates thereof.
Covenants Not to Sxx. With the exception of the duties and obligations that are set forth herein, or imposed by any statute, code, rule, court order, compulsory process or law, the parties agree and covenant not to sxx, prosecute or assist, directly or indirectly, in suing or prosecuting any claims or seeking recovery of any damages against any other party for any claims that are released in this Agreement. Altron and Viseon each acknowledge and agree that pursuant to the terms of this Agreement, any and all claims that either Party could have made against the other Party have been in all things satisfied and resolved.
Covenants Not to Sxx. (a) Nortel, on behalf of itself and its Affiliates, owners, predecessors, successors in interest, assigns, agents, directors, officers, employees, representatives, attorneys, and all persons acting by, through, under, or in concert with any of them, hereby covenants and agrees not to (and not to assist any other person to) maintain or initiate any claim, suit, challenge, reexamination or other proceedings against Foundry, its current Affiliates, predecessors and successors in interest, agents, directors, officers, employees, distributors and all licensees and customers, direct and indirect, in which the basis of the proceedings is related to any of the claims made by either Party in the Massachusetts Action or the California Action provided however, this covenant shall not apply with respect to any future claim, or any defense thereto (including defenses and declaratory judgment claims as asserted in the Actions), for any future infringement damages that may be incurred as the result of conduct occurring after the expiration or termination of the License Agreement.
Covenants Not to Sxx. Each of the Borrower Releasing Parties hereby promises, covenants and agrees not to sxx any of the Lender Released Parties, and not to bring any legal action or proceeding of any kind against any of the Lender Released Parties, in any court or administrative proceeding, in any venue, which legal action or proceeding directly or indirectly seeks to (a) obtain or procure issuance of any temporary restraining order, or a preliminary injunction, or a permanent injunction, or any other equitable or provisional relief against any of the Lender Released Parties based on acts or omissions which occurred prior to the Effective Date of this Agreement, or (b) impose any Lender Liability Claims on or against any of the Lender Released Parties based on acts or omissions which occurred prior to the Effective Date of this Agreement, or (c) obtain or impose on any of the Lender Released Parties any Injunctive Relief based on acts or omissions which occurred prior to the Effective Date of this Agreement, or (d) which legal action or proceeding violates any covenant, condition, representation or warranty made by the Borrower Releasing Parties in this Agreement.
