DEFERRED PROSECUTION AGREEMENT Sample Clauses

DEFERRED PROSECUTION AGREEMENT. Defendant Alcon Pte Ltd (the “Company”), pursuant to the authority granted by the Company’s Board of Directors reflected in Attachment B, which is incorporated by reference into this Agreement, and the United States Department of Justice, Criminal Division, Fraud Section (the “Fraud Section”) and the United States Attorney’s Office for the District of New Jersey (the “Office”), enter into this deferred prosecution agreement (the “Agreement”). Alcon Inc., which is not a defendant in this matter, also agrees, pursuant to the authority granted by Alcon Inc.’s Board of Directors, to certain terms and obligations of the Agreement as described below. The terms and conditions of this Agreement are as follows:

DEFERRED PROSECUTION AGREEMENT. This Deferred Prosecution Agreement between the United States Attorney for the Northern District of Illinois, XXXX X. XXXXXX, XX. (the “government”), and defendant COMMONWEALTH EDISON COMPANY (“ComEd”), by its undersigned representative and attorneys, pursuant to authority granted by the Board of Directors of Exelon Corporation (“Exelon”), is made pursuant to the terms and conditions set forth below.

DEFERRED PROSECUTION AGREEMENT. Effective as of the Effective Time, Parent agrees to be bound, and the Surviving Entity shall continue to be bound, by the obligations of the Company set forth in the Deferred Prosecution Agreement, dated November 4, 2010, between the Company and the U.S. Department of Justice, to the extent required thereby.

DEFERRED PROSECUTION AGREEMENT. In May 2009, the Company entered into a Deferred Prosecution Agreement (the “DPA”) to resolve the previously disclosed investigation. A copy of the DPA and the accompanying documents can be found on the Company’s website at xxx.xxxxxxxx.xxx. The term of the DPA is thirty-six months, but such term may be reduced by the USAO Florida to twenty-four months upon consideration of certain factors set forth in the DPA, including the Company’s continued remedial actions and compliance with all federal and state health care laws and regulations. As a part of the DPA, the Company retained an independent monitor (the “Monitor”) for a period of 18 months from August 19, 2009 to February 18, 2011. The Monitor was selected by the USAO Florida after consultation with the Company and was retained at the Company’s expense. In addition, the Company agreed to continue undertaking remedial measures to ensure full compliance with all federal and state health care laws. Among other things, the Monitor reviewed and evaluated the Company’s compliance with the DPA and all applicable federal and state health care laws, regulations and programs. The Monitor also reviewed, evaluated and, as necessary, made written recommendations concerning certain of WellCare’s policies and procedures.

DEFERRED PROSECUTION AGREEMENT. Defendant Raytheon Company (the “Company”), pursuant to authority granted by the Company’s Board of Directors reflected in Attachment B, and the United States Department of Justice, Criminal Division, Fraud Section (the “Fraud Section”) and the United States Attorney’s Office for the District of Massachusetts (the “Office”), enter into this deferred prosecution agreement (the “Agreement”). RTX Corporation (“RTX”), which is not a defendant in this matter, also agrees, pursuant to the authority granted by RTX’s Board of Directors, to certain terms and obligations of the Agreement as described below. The terms and conditions of this Agreement are as follows:

DEFERRED PROSECUTION AGREEMENT. Separately, Practice Fusion and the Office have entered into the DPA pursuant to which the Office will file a criminal information charging Practice Fusion with two criminal offenses relating to its interactions with an extended release opioid ("ERO") company (the "Information"). Upon successful completion of the term of the DPA, the United States agrees to seek dismissal, with prejudice, of the Information filed against Practice Fusion.

DEFERRED PROSECUTION AGREEMENT. The United States Department of Justice Tax Division and the United States Attorney’s Office for the Southern District of Florida (the “Government”) and the defendant UBS AG (“UBS”), by its Group General Counsel and undersigned attorneys, pursuant to the authority granted to them by its Board of Directors in the form of a Board Resolution, attached hereto as Exhibit A, hereby enter into this Deferred Prosecution Agreement (the “Agreement”).

DEFERRED PROSECUTION AGREEMENT. This Deferred Prosecution Agreement between the United States Attorney for the Northern District of Illinois, XXXX X. XXXXXX, XX. (the “government”), and defendant Illinois Bell Telephone Company, LLC, d/b/a AT&T Illinois (“AT&T Illinois”), by its undersigned representative and attorneys, pursuant to authority granted by the Board of Directors of AT&T Inc., is made pursuant to the terms and conditions set forth below.

DEFERRED PROSECUTION AGREEMENT. Parent and Merger Sub acknowledge that AGA Medical Corporation, the Company's wholly-owned subsidiary ("AGA Sub") is a party to a Deferred Prosecution Agreement dated June 2, 2008 (the "Deferred Prosecution Agreement") with the United States Department of Justice. Parent and Merger Sub have been provided a copy of and understand the terms of and AGA Sub's obligations under the Deferred Prosecution Agreement. Parent and Merger Sub agree that upon the Closing of the Merger, Parent, Merger Sub, any Affiliate of Parent into which the Company is merged or which controls the Company subsequent to the Closing, and any successor in interest to any of the foregoing, shall be bound by the obligations of AGA Sub contained in the Deferred Prosecution Agreement; provided, however, in no event shall the Deferred Prosecution Agreement or any obligations thereunder be interpreted to bind or be applicable to any Affiliates, Subsidiaries, divisions or business operations of Parent other than with respect to the business operations of AGA Sub. ARTICLE VII

DEFERRED PROSECUTION AGREEMENT. Defendant ArthroCare Corporation (the “Company”), by its undersigned representatives, pursuant to authority granted by the Company’s Board of Directors, and the United States Department of Justice, Criminal Division, Fraud Section (the “Department”), enter into this deferred prosecution agreement (the “Agreement”), the terms and conditions of which are as follows: