Dismissal of Lawsuit. Following the execution of this Agreement and the APA, Sxxxxx X. Xxxxxxx agrees to promptly dismiss or to cause to be promptly dismissed without prejudice that certain litigation styled The Sxxxxx X. Xxxxxxx Trust, a Nevada Trust; Summit Growth Management, LLC, a Nevada Limited Liability Company; and Derivatively for Internet America, Inc., a Texas Corporation, Plaintiffs vs. Internet America, Inc., a Texas Corporation; Wxxxxxx X. Xxxxx, Xx., an Individual; Rxxxxxx X. Xxxxxxx, an Individual; Rxxxxxx X. Xxxx, an Individual; Dxxx X. Xxxxxxxxx, an Individual; and Jxxxxx XxXxxxx, an Individual; and DOES 1-10 Inclusive, Defendants; in the District Court of Hxxxxx County, Texas, Judicial District 127; Cause No. 2014-41046 and all Claims related thereto (the “Shareholder Suit”).
Dismissal of Lawsuit. On or before July 15, 1998, the parties agree to dismiss with prejudice the Lawsuit, with each party to bear its own costs and attorney fees. Further, the parties agree to jointly issue a press release with respect to the dismissal of the Lawsuit and will not, without the other party's consent make any further announcements, whether public or private, concerning the dismissal of the Lawsuit or the settlement thereof, except as required by law. However, the parties may state that the settlement was beneficial to both parties.
Dismissal of Lawsuit. Tanox and Genentech agree as follows:
Dismissal of Lawsuit. Upon the execution of this Agreement by all Parties, the Parties shall dismiss the Lawsuit with prejudice; provided however that such dismissal shall be conditioned on Defendants’ compliance with this Agreement. The Court shall retain jurisdiction over this Settlement Agreement and the enforcement thereof.
Dismissal of Lawsuit. Within 30 days of the later of either the date of the last statutory approval in paragraph 15 of this Agreement or the date of the Court issuing an order in response to Plaintiffs' motion in paragraph 6 of this Agreement, the parties shall file a stipulation of dismissal with prejudice in the Lawsuit.
Dismissal of Lawsuit. 17. On March 4, 2016, Magistrate Judge Xxxx Xxxxxxxx of the U.S. District Court for the Southern District of Mississippi held a Settlement Conference concerning the Lawsuit at which the Parties reported their agreement upon the policy reforms and financial terms addressed above. On March 7, 2016, the U.S. District Court issued a Final Judgment of Dismissal, which stated in full: “FINAL JUDGMENT OF DISMISSAL: that the above captioned civil action is dismissed with prejudice as to all parties, and that the Court hereby specifically retains jurisdiction to enforce the settlements.”
Dismissal of Lawsuit. Within two (2) business days after delivery of the Cash Payment and the deposit of the escrow amount as provided in Section 7.a of this Agreement, TAC, TVC, the Trustee, the Trust, and CEP will jointly file all necessary papers and take all other steps necessary to dismiss the Lawsuit with prejudice, with each party to the Lawsuit to bear its own costs.
Dismissal of Lawsuit. APS agrees to dismiss, within 10 business days of the Effective Date, the existing lawsuit by APS against Consolidated. Such dismissal, however, will be without prejudice and without any limitation on the refiling of the same or other lawsuits by APS or its affiliates against Consolidated, any Subsidiary or any of their respective affiliates.
Dismissal of Lawsuit. Tanox and the Roche Entities agree as follows:
Dismissal of Lawsuit. On the Change of Control Date, Red Mountain will cause its complaint filed in the District Court, Cxxxx County, Nevada (Case No. A-11-653089-B) (the “Action”) to be withdrawn and dismissed with prejudice. The parties agree that, so long as each is complying with its respective obligations under this Agreement, they will cooperate with each other to postpone or delay any necessary filings with respect to the Action until it is withdrawn on the Change of Control Date.
