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.
Dismissal of the Litigation with Prejudice. Within sixty (60) 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 he filed in the Litigation with the U.S. District Court for the District of Massachusetts. 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.
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.
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.
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.
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.
