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:
(i) Tanox and Genentech will each file motions to dismiss their respective claims in the Lawsuit against each other, with prejudice; and
(ii) each of the Parties shall bear its own costs of court incurred.
Dismissal of Lawsuit. Lender shall have received evidence satisfactory to it, in its sole and absolute discretion, that the pending lawsuit against Lender by the Borrower and/or certain affiliates of the Borrower has been dismissed with prejudice.
Dismissal of Lawsuit. Within five (5) business days of the execution of this Agreement, Overland Storage and BDT, through their counsel, will dismiss with prejudice all claims made against the other Party in the Lawsuit (including claims against BDT AG, BDT Products, Inc., BDT-Solutions GmbH & Co., BDT Automation Technology (Zhuhai FTZ) Co., Ltd., and BDT de Mexico, S. de X.X. de C.V.), with each Party to bear its own costs and fees. Overland Storage further agrees that, within five (5) business days of the execution of this Agreement, it will (a) dismiss with prejudice all claims made against PivotStor, LLC in Case No. Case No. 12-cv-1598-JLS, and (b) withdraw any infringement contentions made against any customer of BDT in any pending litigation, only to the extent the conditions of Section 2.3 are satisfied with respect to that customer. None of the Parties shall take any action to oppose the Court’s entry of the agreed form of dismissal, nor to subsequently take any action either to vacate or modify or appeal from dismissal of the Lawsuit.
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. 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. Approximately ninety-one (91) days after MEYERS ASSOCIATES receives, deposixx xxx collects the second payment check referenced in Section 2.1, provided that neither CT Holdings or Citadel has filed for or been placed into bankruptcy, or sought protection under any similar or related rule of law:
(a) MEYERS ASSOCIATES' and Defendants' xxxxx counsel shall execute a Stipulation of Dismissal of the Delaware Action with Prejudice and without costs or legal fees to any party in the form attached hereto as Exhibit "A." and shall arrange to file the Stipulation of Dismissal of the Delaware Action with Prejudice with the Court; and
(b) Meyers Associates' counsel shalx xxxcute a Satisfaction of Judgment discharging the Judgment entered against CT Holdings in the Second Supreme Court Action in the form attached hereto as Exhibit "B" and shall file the same with the judgment clerk.
(c) Meyers' counsel shall thereafter xxxxxde Defendants' counsel with proof of the filing of the Stipulation of Dismissal with the Clerk of the Court of the Chancery Court of the State of Delaware and the filing of the Satisfaction of Judgment with the New York County Clerk.
Dismissal of Lawsuit. 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. 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.
