DISMISSAL OF LAWSUITS. The PARTIES shall not pursue any further proceedings in THE LAWSUITS and shall dismiss with prejudice all respective claims, cross-claims and counterclaims pending in THE LAWSUITS. Within five days of execution of this AGREEMENT, the PARTIES shall sign the two attached Notices of Stipulated Dismissal With Prejudice Of All Claims And Counterclaims. Biogen Idec shall cause these Stipulations to be filed with the Court, and shall provide the other PARTIES with a filed-stamp copy of the Stipulations upon receipt.
DISMISSAL OF LAWSUITS. Upon execution of this Agreement, counsel for the appropriate Parties shall execute and cause to be filed with the Rxxxxx County District Court a Stipulation for Order dismissing all claims with prejudice in the First Lawsuit, with the Parties to bear their own costs. Upon execution of this Agreement, counsel for the appropriate Parties shall also execute and cause to be filed with the United States District Court a Stipulation for Order dismissing all claims with prejudice in the Second Lawsuit, with the Parties to bear their own costs.
DISMISSAL OF LAWSUITS. Within five (5) days after the disbursement of the Distribution Amounts to Participating Settlement Class Members, Rite Aid’s Counsel shall file a stipulated dismissal with prejudice and without costs with the Court of the Wage-Hour Lawsuits and Xxxxx pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii), for the Court’s entry. The Dismissal shall be executed by all counsel for the Parties not later than five (5) days following entry of the Preliminary Approval Order, and shall be held in escrow by Rite Aid’s Counsel until the time prescribed in this Section. In addition, following payment of the Distribution Amounts, the Claims Administrator shall provide a written certification of such payments to Counsel for the Parties. If the Effective Date does not occur for any reason, Rite Aid’s Counsel will return the executed dismissal to Settlement Class Counsel within five (5) days.
DISMISSAL OF LAWSUITS. Xxxx Xxxxxxx & Co. and Canal Capital Corporation shall jointly file stipulations of dismissal, with prejudice, and with each party bearing its own costs, with regard to all of the claims and counter-claims in each of the two lawsuits currently pending in Sioux City, Iowa before the Iowa District Court for Woodbury County, Iowa and identified as Equity Xx. 000000X and Law No. 107592C. Copies of the two Stipulations for Dismissal With Prejudice which shall satisfy the terms of this paragraph, are attached to this Agreement as Exhibit 2.
DISMISSAL OF LAWSUITS. Following the execution of this Agreement ------------------------ by all parties and confirmation of a full and final settlement with J. P. Morgan Chase, Tompkins agrees to dismiss the pending lawxxxxx, xx xeferenced xx xxxxgraphs 1 and 2 above, with prejudice.
DISMISSAL OF LAWSUITS. As promptly as possible after the Release Effective Date (i) Debtor shall cause the Pittsburgh Lawsuit to be dismissed or discontinued with prejudice as against the Web Parties and (ii) Steel Partners and Debtor shall cause the New York Lawsuit (including the counterclaims filed by Debtor therein) to be dismissed or discontinued with prejudice. The Parties shall cooperate with each other to effect such dismissals or discontinuances, including signing stipulations, if necessary, and in each case the pleadings to be filed shall be in form and substance satisfactory to counsel to each of the Parties to the particular action (collectively, the “Dismissal Pleadings”). All Dismissal Pleadings shall be drafted and signed by the relevant parties prior to entry of the Settlement Order. Debtor shall not be obligated to cause the Pittsburgh Lawsuit to be dismissed as against LCC, and Debtor expressly reserves the right to prosecute the Pittsburgh Lawsuit against LCC.
DISMISSAL OF LAWSUITS. A. On or before April 25, 2003, the parties shall do the following matters:
DISMISSAL OF LAWSUITS. The parties agree to file joint motions and cause the respective courts of the Delaware Lawsuit and the Texas Lawsuit to enter orders dismissing such lawsuits without prejudice.
DISMISSAL OF LAWSUITS. (a) In connection with the execution of this Agreement, and no later than five (5) business days following the receipt by RealBiz of the consideration referenced in Section 2(a) and following the instructions given to AST in 2(b) above, RealBiz, through its counsel, shall file a Joint Stipulation of Dismissal with Prejudice and submit an agreed order granting and approving same in Federal Lawsuit One to effectuate a dismissal of all claims between the parties with prejudice, with each party bearing their own costs and expenses, including, but not limited to, attorneys’ fees, except RealBiz shall pay for AST’s legal fees in connection with Federal Lawsuit One, Federal Lawsuit Two and Broward Lawsuit vis-a-vis their indemnity obligations.
DISMISSAL OF LAWSUITS. Within five (5) days of Closing and the execution of the Closing Documents by all signatory parties thereto: (a) Longhorn and the Holly Entities will file a joint motion with the El Paso Court seekinx xxxmissal of the El Paso lawsuit with prejudice (including all claims that could have been brought by those parties therein), and will thereafter attempt to obtain an Order of Dismissal at the earliest practical date in accordance with said motion; (b) the Holly Entities, Longhorn and those other parties who have signed the Xxxxxse in the form of Exhibit C-2, will file a joint motion with the New Mexico Court seeking dismissal of the New Mexico lawsuit with prejudice with respect to claims between and among those parties (including all claims that could have been brought among those parties therein), and will thereafter attempt to obtain an Order of Dismissal at the earliest practical date in accordance with said motion; and (c) the Holly Entities will file a withdrawal of their petition for review in xxxxr appeal from the El Paso lawsuit to the Texas Supreme Court.
