Common use of Dismissal of Claims Clause in Contracts

Dismissal of Claims. A. Upon the execution of this Agreement, while awaiting formal approval of the Agreement by the Nassau and Suffolk County Legislatures, the Parties agree to stay or extend all deadlines and proceedings in the Actions as to Allergan and to jointly move for the claims against Allergan to be severed from the Actions. It is the Parties’ intent that all litigation activities in the Actions relating to the State’s and Nassau and Suffolk Counties’ claims against Allergan shall immediately cease as of the date of the execution of this Agreement and that the claims against Allergan shall no longer be pursued in the trial of the Actions (including against the other defendants) that commenced with jury selection on June 8, 2021. Concurrently with the execution of this Agreement, Allergan and Nassau and Suffolk Counties will execute a Stipulation of Discontinuance with Prejudice, in the form annexed hereto as Exhibit F. The Parties will hold Nassau and Suffolk Counties’ Stipulation of Discontinuance with Prejudice in escrow until the formal approval of the Agreement by the Nassau and Suffolk County Legislatures (by passing a resolution satisfying the approval process of the Agreement or otherwise). Once approval is given, Nassau and Suffolk Counties and/or Allergan shall promptly submit the executed Stipulation of Discontinuance with Prejudice to the Court with a request that it be so ordered. In the event the Nassau and Suffolk Counties’ Legislatures fail to approve the Agreement or the Court declines to so order the discontinuance of the Actions with prejudice as against Allergan, Allergan shall be entitled to terminate the Agreement, shall be excused from all obligations under it, and shall be entitled to a refund of all payments made pursuant to Section III.A.1.b-e of this Agreement from Nassau and Suffolk Counties and Counsel for Nassau and Suffolk Counties. Concurrently with the execution of this Agreement, Allergan and the State will execute a separate Stipulation of Discontinuance with Prejudice, in the form annexed hereto as Exhibit G. The Parties will hold the State’s Stipulation of Discontinuance with Prejudice in escrow until the Effective Date and it shall be submitted to the Court with a request that it be so ordered concurrently with the entry of the Consent Judgment implementing this Agreement. B. Upon the execution of this Agreement, the New York Department of Financial Services shall move for a stay of all proceedings it has brought against any Released Entities. The Released Entities shall move for a stay of all proceedings brought against the New York Department of Financial Services. It is the Parties’ intent that all activities relating to the New York Department of Financial Services’ Claims and charges brought against any Released Entities shall immediately cease as of the date of the execution of this Agreement. Within three (3) business days of the Effective Date, the New York Department of Financial Services shall voluntarily dismiss with prejudice all Claims and charges brought against any Released Entities.

Dismissal of Claims. A. Upon the execution of this Agreement, while awaiting formal approval of the Agreement by the Nassau and Suffolk County Legislatures, the Parties agree to stay or extend all deadlines and proceedings in the Actions as to Allergan the Settling Distributors and to jointly move for the claims against Allergan the Settling Distributors to be severed from the Actions. It is the Parties’ intent that all litigation activities in the Actions relating to the New York State’s and Nassau and Suffolk Counties’ claims against Allergan the Settling Distributors shall immediately cease as of the date of the execution of this Agreement and that the claims against Allergan shall no longer the Settling Distributors not be pursued further prosecuted in the trial of the Actions (including against the other defendants) that commenced with jury selection on June 8, 2021. Concurrently with the execution of this Agreement, Allergan the Settling Distributors and Nassau and Suffolk Counties will execute a Stipulation of Discontinuance with Prejudice, in the form annexed hereto as in Exhibit F. M. The Parties will hold Nassau and Suffolk Counties’ Stipulation of Discontinuance with Prejudice in escrow until the formal approval of Counties’ Legislatures approve the Agreement by the Nassau and Suffolk County Legislatures (by passing or a resolution is passed satisfying the approval process of the Agreement or otherwise)Agreement. Once approval is given, Nassau and Suffolk Counties and/or Allergan the Settling Distributors shall promptly submit the executed Stipulation of Discontinuance with Prejudice to the Court with a request that it be so ordered. In the event the Nassau and Suffolk Counties’ Legislatures fail to approve the Agreement or the Court declines to so order the discontinuance of the Actions with prejudice as against Allerganthe Settling Distributors, Allergan each Settling Distributor shall be entitled to terminate the Agreement, Agreement as to itself and shall be excused from all obligations under it, and shall be entitled to a refund of all payments made pursuant to Section III.A.1.b-e of this Agreement from Nassau and Suffolk Counties and Counsel for Nassau and Suffolk Countiesthe Agreement. Concurrently with the execution of this Agreement, Allergan the Settling Distributors and the New York State will execute a separate Stipulation of Discontinuance with PrejudicePrejudice covering New York State’s claims against the Settling Distributors, in the form annexed hereto as in Exhibit G. The Parties will hold the M. New York State’s Stipulation of Discontinuance with Prejudice will be held in escrow until the Effective Date and it shall be submitted to the Court with a request that it be so ordered concurrently with the entry of the New York Consent Judgment implementing this Agreement. B. Upon . In the execution event the Court declines to so order the discontinuance of this Agreement, the New York Department of Financial Services shall move for a stay of all proceedings it has brought against any Released Entities. The Released Entities shall move for a stay of all proceedings brought Actions with prejudice as against the New York Department of Financial Services. It is Settling Distributors, each Settling Distributor shall be entitled to terminate the Parties’ intent that Agreement as to itself and shall be excused from all activities relating to obligations under the New York Department of Financial Services’ Claims and charges brought against any Released Entities shall immediately cease as of the date of the execution of this Agreement. Within three (3) business days of the Effective Date, the New York Department of Financial Services shall voluntarily dismiss with prejudice all Claims and charges brought against any Released Entities.Agreement.‌

Dismissal of Claims. A. Upon the execution of this Agreement, while awaiting formal approval of the Agreement by the Nassau and Suffolk County Legislatures, the Parties agree to stay or extend all deadlines and proceedings in the Actions as to Allergan and to jointly move for the claims against Allergan to be severed from the ActionsTeva. It is the Parties’ intent that all litigation activities in the Actions relating to the State’s and Nassau and Suffolk Counties’ claims against Allergan Teva shall immediately cease as of the date of the execution of this Agreement and that the claims against Allergan Teva shall no longer be pursued in the trial of the Actions (including against the other defendants) that commenced with jury selection on June 8, 2021remedies trial. Concurrently with the execution of this Agreement, Allergan Teva and Nassau and Suffolk Counties will execute a Stipulation of Discontinuance with Prejudice, in the form annexed hereto as Exhibit F. D. The Parties will hold Nassau and Suffolk Counties’ Stipulation of Discontinuance with Prejudice in escrow until the formal approval of the Agreement by the Nassau and Suffolk County Legislatures (by passing a resolution satisfying the approval process of the Agreement or otherwise). Once approval is given, Nassau and Suffolk Counties and/or Allergan Teva shall promptly submit the executed Stipulation of Discontinuance with Prejudice to the Court with a request that it be so ordered. In the event the Nassau and Suffolk Counties’ Legislatures fail to approve the Agreement or the Court declines to so order the discontinuance of the Actions with prejudice as against AllerganTeva, Allergan Teva shall be entitled to terminate the Agreement, shall be excused from all obligations under it, and shall be entitled to a refund of all payments made pursuant to Section III.A.1.b-e of this Agreement from Nassau and Suffolk Counties and Counsel for Nassau and Suffolk Counties. Concurrently with the execution of this Agreement, Allergan Teva and the State will execute a separate Stipulation of Discontinuance with Prejudice, in the form annexed hereto as Exhibit G. The Parties will hold the State’s Stipulation of Discontinuance with Prejudice in escrow until the Effective Date and it shall be submitted to the Court with a request that it be so ordered concurrently with the entry of the Consent Judgment implementing this Agreement.Exhibit B. Upon Within three (3) business days of the execution of this Agreement, the New York Department of Financial Services shall move for a stay of all proceedings it has brought against any Released Entities. The Within three (3) business days of the execution of this Agreement, the Released Entities shall move for a stay of all pending proceedings brought against the New York Department of Financial Services, including the proceedings in In the Matter of the Application of Allergan Finance, LLC, et al., Docket No. 2022-03219 (1st Dep’t), which is an appeal of the denial of an Article 78 Petition with the Originating Court Index No. 157128/2021 (N.Y. Sup. N.Y. Co) (Xxxxx, X.) (“the Appeal”). It is the Parties’ intent that all activities relating to the New York Department of Financial Services’ Claims and charges brought against any Released Entities shall immediately cease as of the date of the execution of this Agreement. Within three (3) business days of the Effective Date, the New York Department of Financial Services shall voluntarily dismiss with prejudice all Claims and charges brought against any Released Entities. Within three (3) business days of the Effective Date, the Released Entities shall terminate the Appeal.

Dismissal of Claims. A. Upon the execution of this Agreement, while awaiting formal approval of the Agreement by the Nassau and Suffolk County Legislatures, the Parties agree to stay or extend all deadlines and proceedings in the Actions as to Allergan Xxxxxxx and to jointly move for the claims against Allergan Xxxxxxx to be severed from the Actions. It is the Parties’ intent that all litigation activities in the Actions relating to the State’s and Nassau and Suffolk Counties’ claims against Allergan Xxxxxxx shall immediately cease as of the date of the execution of this Agreement and that the claims against Allergan shall no longer Xxxxxxx not be pursued included in the trial of the Actions (including against the other defendants) defendants that commenced with jury selection on June 8, 2021. Concurrently with the execution of this Agreement, Allergan Xxxxxxx and Nassau and Suffolk Counties will execute a Stipulation of Discontinuance with Prejudice, in the form annexed hereto as Exhibit F. D. The Parties will hold Nassau and Suffolk Counties’ Stipulation of Discontinuance with Prejudice in escrow until the formal approval of Counties’ Legislatures approve the Agreement by the Nassau and Suffolk County Legislatures (by passing or a resolution is passed satisfying the approval process of the Agreement or otherwise)Agreement. Once approval is given, Nassau and Suffolk Counties and/or Allergan Xxxxxxx shall promptly submit the executed Stipulation of Discontinuance with Prejudice to the Court with a request that it be so ordered. In the event the Nassau and Suffolk Counties’ Legislatures fail to approve the Agreement or the Court declines to so order the discontinuance of the Actions with prejudice as against AllerganXxxxxxx, Allergan Xxxxxxx shall be entitled to terminate the Agreement, Agreement and shall be excused from all obligations under it, and shall be entitled to a refund of all payments made pursuant to Section III.A.1.b-e of this Agreement from Nassau and Suffolk Counties and Counsel for Nassau and Suffolk Counties. Concurrently with the execution of this Agreement, Allergan Xxxxxxx and the State will execute a separate Stipulation of Discontinuance with Prejudice, in Prejudice covering the form annexed hereto as Exhibit G. State’s claims against Xxxxxxx. The Parties will hold the State’s Stipulation of Discontinuance with Prejudice will be held in escrow until the Effective Date and it shall be submitted to the Court with a request that it be so ordered concurrently with the entry of the Consent Judgment implementing this Agreement. B. Upon the execution of this Agreement, the New York Department of Financial Services shall move for a stay of all proceedings it has brought against any Released Entities. The Released Entities shall move for a stay of all proceedings brought against the New York Department of Financial Services. It is the Parties’ intent that all activities relating to the New York Department of Financial Services’ Claims and charges brought against any Released Entities shall immediately cease as of the date of the execution of this Agreement. Within three (3) business days of the Effective Date, the New York Department of Financial Services shall voluntarily dismiss with prejudice all Claims and charges brought against any Released Entities.