Dismissal of the Litigation with Prejudice Sample Clauses

Dismissal of the Litigation with Prejudice. Upon Chemdiv’s receipt of the Eight Hundred Thousand Dollars and No Cents ($800,000.00) payment from Regen by no later than September 30, 2021 Chemdivshall cause the Litigation to be dismissed with prejudice by filing the necessary requests for dismissal and taking all other steps reasonably necessary to accomplish such dismissal within ten (10) business days of the receipt of the $800,000.
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Dismissal of the Litigation with Prejudice. Within thirty (30) days after the delivery of the Consideration and authorization for the conversion of the Settlement Shares, to the Fund, as set forth in Section 2 above, the Parties, through counsel, will cause a Stipulation of Dismissal with Prejudice, in the form attached hereto as Exhibit C, and with all rights of appeal waived, to be filed in the Litigation with the U.S. District Court. The Parties covenant and agree that they will instruct their counsel to cooperate in order to accomplish a full and final dismissal of the Litigation with prejudice.
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Dismissal of the Litigation with Prejudice. Southgate shall dismiss the Litigation, with prejudice, each Party to bear its own costs and attorneys’ fees, within ten (10) days of the latter of the City’s approval of the Preliminary Development Plan and Development Text.
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Dismissal of the Litigation with Prejudice. (a) Dismissal of the Litigation (as defined in the Amendment No. 1) shall occur only upon payment of the last installment of Additional Consideration set forth in Section 1, above, at which time the Parties agree to jointly execute and file a Stipulation of Dismissal with Prejudice with the U.S. District Court for the District of Utah in the form attached as Exhibit B to Amendment No. 1, and to file the proposed Order of Dismissal with Prejudice in the form attached hereto as Exhibit C to Amendment No. 1. The terms and provisions set forth in the Stipulation of Dismissal With Prejudice and the proposed Order of Dismissal with Prejudice are incorporated herein by this reference. (b) The Parties further agree that upon execution of this Amendment No. 2, they shall jointly inform the Arbitrator of this Amendment No. 2 and jointly request that the Arbitrator continue to suspend the Arbitration proceeding until the last installment of Additional Consideration is made and the Stipulation of Dismissal With Prejudice and Proposed Order of Dismissal with Prejudice are filed, at which time the Parties shall also dismiss the Arbitration proceeding with prejudice. The Parties acknowledge that they have each paid all of the Arbitrator’s invoices to date in full. Accordingly, the Parties further agree to mutually request that the Arbitrator refund all amounts paid in excess of his total invoices as follows: 50% to the Shareholders’ Representative and 50% to TLC. (c) In the event TLC defaults on the payment of any cash Amendment Consideration set forth in Section 1, above, then, notwithstanding, the mutual release in Section 3 above, the Arbitration proceeding may be reinstated by either Party informing the Arbitrator of the default and requesting that the Arbitration be rescheduled. Upon such default, the Shareholders’ Representative also shall be entitled to refile his motion to reopen the proceedings in the U.S. District Court for the District of Utah for the purpose of compelling arbitration of Year Two and Year Three Additional Consideration payments pursuant to the original Section 2.03 of the Agreement, voiding the amendments contemplated by Sections 1 and 3 above, with any Amendment Consideration paid prior to such date to be held in trust to either off-set an obligations ultimately found by the Arbitrator to be due to the Arbitrator to be due to the Shareholders or refunded to TLC as applicable; provided that for purpose of such off-set or refund, as applicable,...
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Dismissal of the Litigation with Prejudice. The Plaintiffs and the County authorize their attorneys to execute and file with the appropriate Court, immediately upon execution of this Agreement, a Stipulation of Dismissal with prejudice.
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Dismissal of the Litigation with Prejudice. Simultaneously with the signing of this Agreement, BNY and CA will enter into a Stipulation of Dismissal with Prejudice (“the Stipulation”) in the form annexed hereto as Exhibit C, providing for the dismissal of the Litigation. CA will file this Stipulation with the Court within seven business days after the execution of this Agreement.
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Related to Dismissal of the Litigation with Prejudice

  • 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.

  • Dismissal with Prejudice The Class Action and all Released Claims shall be dismissed with prejudice.

  • Defense of Litigation To appear in and defend any action or proceeding that may affect its title to or Secured Party’s interest in the Collateral.

  • Notice of Litigation and Judgments The Borrower will, and ---------------------------------- will cause each of its Subsidiaries to, give notice to the Agent and each of the Banks in writing within fifteen (15) days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower or any of its Subsidiaries or to which the Borrower or any of its Subsidiaries is or becomes a party involving an uninsured claim against the Borrower or any of its Subsidiaries that could reasonably be expected to have a materially adverse effect on the Borrower or any of its Subsidiaries and stating the nature and status of such litigation or proceedings. The Borrower will, and will cause each of its Subsidiaries to, give notice to the Agent and each of the Banks, in writing, in form and detail satisfactory to the Agent, within ten (10) days of any judgment not covered by insurance, final or otherwise, against the Borrower or any of its Subsidiaries in an amount in excess of $1,000,000.

  • Notice of Litigation Each Seller shall promptly notify the applicable Purchaser upon becoming aware of any Proceedings or threatened Proceedings concerning any Serviced Appointment, in each case, excluding Proceedings in servicer-managed mortgage-level litigation with respect to residential mortgage-backed securities transactions. Notices delivered pursuant to this Section 5.4 will be delivered to the notice recipient designated on Annex B.

  • Third Party Litigation In the event that a Third Party institutes a patent or other infringement suit against any of NovaDel, PAR or HANA or any of its respective Affiliates during the Term, alleging manufacture, use or sale of a Licensed Product in the Territory, infringes one or more patent or other intellectual property rights held by such Third Party (an “Infringement Suit”), the Parties shall cooperate with one another in defending such suit. PAR, as the NDA holder, shall have the first right to direct and control, at its expense, any Infringement Suit (including settlement negotiations, settlement or compromise thereof) to the extent that it relates to the manufacture, use or sale of a Licensed Product but does not implicate the Licensed Technology or Licensed Process. In the event that the Infringement Suit relates to the use of the Licensed Technology or Licensed Process, NovaDel shall have the first right to direct and control, at its expense, any such Infringement Suit (including settlement negotiations, settlement or compromise thereof). To the extent that any amounts become payable to any Third Party as a result of such action, whether through judgment or settlement, then PAR shall, unless HANA is jointly promoting and commercializing the Licensed Product pursuant to Section 2.4 and subject to Section 12.2, bear [***] percent ([***]%) of such amounts with respect to the Exploitation of the Licensed Product; provided, however, that PAR shall have the right to credit [***] percent ([***]%) of any amounts paid by PAR through judgment or settlement with respect to such country against the royalty payments to be paid by PAR to HANA with respect to the sale of the Licensed Product under Section 6.3; provided further, however, that no royalty payment when due, regardless of the amount or number of credits available to PAR shall be reduced by more than [***] percent ([***]%) of the amounts otherwise owed pursuant to Section 6.3 in any calendar quarter. Credits not exhausted in any calendar quarter may be carried into future calendar quarters. Notwithstanding the foregoing, in the event that no payments are due or owing, or contemplated to be due or owing, by PAR to HANA under Article 6 with respect to the sale of the Licensed Product, then NovaDel shall pay to PAR such amount owed to a Third Party up to a cap of [***]% of such amount owed to such Third Party, less any amount already credited to PAR under this Section 10.3. Notwithstanding the foregoing, NovaDel shall have no obligation under this Section 10.3 for any costs, expenses or damages that are paid or payable to a Third Party as a result of an actual or alleged infringement by PAR or HANA to the extent such costs, expenses or damages result from the use of a Product Trademark.

  • 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 stockholder of the Company relating to the Offer, the Merger, this Agreement or the Stockholder Agreements, without the prior written consent of Parent. In addition, 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.

  • Stay of Litigation The Parties agree that upon the execution of this Agreement the litigation shall be stayed, except to effectuate the terms of this Agreement. The Parties further agree that upon the signing of this Agreement that pursuant to CCP section 583.330 to extend the date to bring a case to trial under CCP section 583.310 for the entire period of this settlement process.

  • 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.

  • Notice of Litigation, Right to Prosecute, Etc No Fund shall be liable for indemnification under this Section 5.03 unless a Person shall have promptly notified such Fund in writing of the commencement of any litigation or proceeding brought against such Person in respect of which indemnity may be sought under this Section 5.03. With respect to claims in such litigation or proceedings for which indemnity by a Fund may be sought and subject to applicable law and the ruling of any court of competent jurisdiction, such Fund shall be entitled to participate in any such litigation or proceeding and, after written notice from such Fund to any Person, such Fund may assume the defense of such litigation or proceeding with counsel of its choice at its own expense in respect of that portion of the litigation for which such Fund may be subject to an indemnification obligation; provided however, a Person shall be entitled to participate in (but not control) at its own cost and expense, the defense of any such litigation or proceeding if such Fund has not acknowledged in writing its obligation to indemnify the Person with respect to such litigation or proceeding. If such Fund is not permitted to participate or control such litigation or proceeding under applicable law or by a ruling of a court of competent jurisdiction, such Person shall reasonably prosecute such litigation or proceeding. A Person shall not consent to the entry of any judgment or enter into any settlement in any such litigation or proceeding without providing each applicable Fund with adequate notice of any such settlement or judgment, and without each such Fund's prior written consent. All Persons shall submit written evidence to each applicable Fund with respect to any cost or expense for which they are seeking indemnification in such form and detail as such Fund may reasonably request.

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