Dismissal of All Pending Litigation Sample Clauses

Dismissal of All Pending Litigation. As set forth in Recital D, Xxxxxxxxx’x and the City agree and acknowledge that as of the Effective Date of this Agreement, only one of the four Actions filed by Xxxxxxxxx’x against the City remains pending, all others having been fully and finally resolved, with the exception of Xxxxxxxxx’x pending post-judgment attorney’s fee motion in the Public Records Act case. The Tax Refund case is the surviving lawsuit, which has been stayed by operation of the MOU and subsequent extensions of its term, and pursuant to Court orders approving stipulations for stay. The stay of the litigation in the Tax Refund case expires on December 15, 2020, and a joint status report is due to be filed on the status of the Agreement on or before November 16, 2020. 12.1.1 Within thirty (30) calendar days after the adoption of the Authorizing Ordinance, Xxxxxxxxx’x shall file a Request for Dismissal, with prejudice, of the entire action in the Tax Refund case, and shall serve a conformed copy thereof upon counsel for the City. Xxxxxxxxx’x hereby also agrees to permanently abandon and not, at any time or for any reason, reinstate its attorney’s fees motion in the Public Records Act case. 12.1.2 Immediately upon the approval of this Agreement by all Parties or by November 16, 2020, whichever occurs earlier, Xxxxxxxxx’x and the City shall file a Joint Status Report when due, advising that the Agreement has been approved and/or hearing on its approval is imminent, and that dismissal of the Tax Refund case will be filed pursuant to the terms of the Agreement, and jointly seek a brief extension of the stay beyond its current December 15, 2020 expiration, to allow time for the Agreement to be approved and become effective in accordance with its terms.
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Dismissal of All Pending Litigation. The Parties agree that all claims, asserted or assertable by any Parties, in the following cases (the “Litigations”) shall be dismissed with prejudice: 1. CNX Gas Company LLC v. NBL Midstream, LLC and Noble Energy, Inc., No. GD 17-007405, in the Court of Common Pleas of Allegheny County, Pennsylvania and No. 1666 WDA 2017 in the Superior Court of Pennsylvania, (together the “CONE Gathering LLC Agreement Litigation”); 2. CNX Gas Company LLC x. Xxxxx Energy, Inc., Case No. 2:17-cv-00680-DSC, in the Western District of Pennsylvania (the “Rig Stacking Litigation”); and 3. Noble Energy, Inc. v. CNX Gas Company LLC, Case No. 2:17-cv-01588-DSC, in the Western District of Pennsylvania (the “Water Assets Litigation”). Simultaneously with the execution of this Settlement Agreement, the Parties will deliver a Joint Stipulation of Dismissal of All Claims with prejudice in the above Litigations. The Parties agree that they or their appropriate subsidiary will file such stipulations with the appropriate court within five (5) days following the Execution Date.
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Related to Dismissal of All Pending Litigation

  • Dismissal of Litigation Within five (5) days of the Effective Date, Summit, VISX and Pillar Point shall cause all of the Summit/VISX Litigation (as hereinafter defined) to be dismissed with prejudice, with each party to bear its own costs and attorneys' fees. As used herein, "Summit/VISX Litigation" means VISX Partner, Inc. v. Summit Partner, Inc., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. CV 772057; VISX, Incorporated v. Pillar Point Partners, et al., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. 770042; and VISX Partner, Inc., on behalf Pillar Point Partners, United States District Court, District Of Massachusetts, Case No. 96-11739-PBS. The term "Summit/VISX Litigation" includes all counterclaims, cross-claims and the like asserted in the foregoing actions.

  • Pending Litigation Financial position and prospective long-term profitability of the Single Tenderer, and in the case the Tenderer is a JV, of each member of the JV, shall remain sound according to criteria established with respect to Financial Capability under paragraph I (i) above assuming that all pending litigation will be resolved against the Tenderer. Tenderer shall provide information on pending litigations as per Form CON-2.

  • No Pending Litigation There is no action, suit, proceeding, investigation or litigation pending or, to the Purchaser’s knowledge, threatened, which either in any one instance or in the aggregate, if determined adversely to the Purchaser would adversely affect the purchase of the Mortgage Loans by the Purchaser hereunder, or the Purchaser’s ability to perform its obligations under this Agreement; and

  • Claims and Litigation No pending or, to the Company's knowledge, threatened, claims, suits or other proceedings exist with respect to any Employee Benefit Plan other than normal benefit claims filed by participants or beneficiaries.

  • Certain Litigation The Company agrees that it shall not settle any litigation commenced after the date hereof against the Company or any of its directors by any shareholder of the Company relating to the Offer, the Merger, this Agreement, or the Shareholder Agreement, without the prior written consent of Parent. In addition, except as provided in Section 6.2(c), the Company shall not voluntarily cooperate with any third party that may hereafter seek to restrain or prohibit or otherwise oppose the Offer or the Merger and shall cooperate with Parent and Sub to resist any such effort to restrain or prohibit or otherwise oppose the Offer or the Merger.

  • Third Party Litigation The undersigned agrees to be available to the Company and its affiliates on a reasonable basis in connection with any pending or threatened claims, charges or litigation in which the Company or any of its affiliates is now or may become involved, or any other claims or demands made against or upon the Company or any of its affiliates, regardless of whether or not the undersigned is a named defendant in any particular case.

  • Investigations; Litigation There is no investigation or review pending (or, to the knowledge of Parent, threatened) by any Governmental Entity with respect to Parent or any of its Subsidiaries which would have, individually or in the aggregate, a Parent Material Adverse Effect, and there are no actions, suits, inquiries, investigations or proceedings pending (or, to Parent’s knowledge, threatened) against or affecting Parent or its Subsidiaries, or any of their respective properties at law or in equity before, and there are no orders, judgments or decrees of, or before, any Governmental Entity, in each case which would have, individually or in the aggregate, a Parent Material Adverse Effect.

  • Certain Litigation Matters The Owner Trustee shall provide prompt written notice to the Depositor, the Seller and the Servicer of any action, proceeding or investigation known to the Owner Trustee that could reasonably be expected to adversely affect the Trust or the Owner Trust Estate.

  • Shareholder Litigation The Company shall give Parent the opportunity to participate in the defense or settlement of any shareholder litigation against the Company and/or its directors relating to the transactions contemplated by this Agreement, and no such settlement shall be agreed to without Parent’s prior written consent.

  • Litigation; Claims Any rights (including indemnification) and claims and recoveries under litigation of Seller against third parties arising out of or relating to events prior to the Closing Date;

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