For Settlement Purposes Sample Clauses

For Settlement Purposes. If the Effectiveness Time does not occur, the Parties agree that Delaware Uniform Rule of Evidence 408 will apply to this Agreement.
View SourceView Similar (4)
For Settlement Purposes. If the Effectiveness Time does not occur, the Parties agree that Federal Rule of Evidence 408 will apply to this Agreement and none of this Agreement or any negotiations relating to this Agreement will be admissible for any purpose in the Litigation.
View SourceView Similar (2)
For Settlement Purposes. This Release is entered into in full accord and satisfaction and compromise of the claims or potential claims of Employee and is not in any way to be construed as an admission of any wrongdoing or liability on the part of the Released Parties or an admission that Released Parties violated any law or breached any agreement. Company expressly denies any liability or violation and intends merely to avoid the costs associated with any potential litigation.
View Source
For Settlement Purposes. This Release is entered into in full accord and satisfaction and compromise of the claims or potential claims of ▇▇▇▇▇▇ and is not in any way to be construed as an admission of any wrongdoing or liability on the part of the Released Parties or an admission that Released Parties violated any law or breached any agreement. The Company expressly denies any liability or violation and intends merely to avoid the costs associated with any potential litigation. Further, even if there were a determination that the Company had violated any law or regulation, or breached any agreement, ▇▇▇▇▇▇ would be entitled to no additional amount.
View Source
For Settlement Purposes. If this Agreement does not become effective, the Parties agree that Federal Rule of Evidence 408 will apply to this Agreement, the Purchase Agreement and the Letter of Intent dated May 6, 2004, between Horizon, Bright and Sprint (the "LETTER OF INTENT"), and none of this Agreement, the Purchase Agreement, the Letter of Intent or any negotiations relating to any of those agreements will be admissible for any purpose in the Litigation or the Chapter 11 Cases. [THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY.] EACH PARTY HAS COMPLETELY READ THE TERMS OF THIS AGREEMENT, FULLY UNDERSTANDS THEM AND VOLUNTARILY ACCEPTS THEM FOR THE PURPOSE OF MAKING FULL AND FINAL COMPROMISE, ADJUSTMENT AND SETTLEMENT OF ALL CLAIMS, DISPUTED OR OTHERWISE, IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT The Parties have executed this Agreement on the date first above written.
View Source
For Settlement Purposes. The Release is entered into in full accord and satisfaction and compromise of the claims or potential claims of Employee and is not in any way to be construed as an admission of any wrongdoing or liability on the part of the Corporation or other Released Parties or an admission that the Corporation or other Released Parties violated any law or breached any agreement. The Corporation expressly denies any liability or violation and intends merely to avoid the costs associated with any potential litigation. Further, even if there were a determination that the Corporation or Released Parties had violated any law or regulation, or breached any agreement, Employee would be entitled to no additional amount.
View Source
For Settlement Purposes. This Release is entered into in full accord and satisfaction and compromise of the claims or potential claims of Steipp and Company and is not in any way to be construed as an admission of any wrongdoing or liability on the part of the Steipp Released Parties or the Company Released Parties or an admission that the Steipp Released Parties or the Company Released Parties violated any law or breached any agreement. The Company and Steipp expressly deny any liability or violation and intend merely to avoid the costs associated with any potential litigation.
View Source
For Settlement Purposes. 10. The Parties agree that a waiver of any of the rights or duties provided herein must be mutual and in writing, and that any such waiver shall constitute a one-time waiver on a case-by- case basis and shall not constitute a waiver of this entire Consent Order or the subject provision(s) unless expressly so stated in writing. 11. The Parties intend this Consent Order to represent the final expression of the Parties’ intent and agreement between them relating to the subject matter of this Consent Order. The Parties further intend that this Consent Order contains all the terms the Parties agreed to on the subject matter of this Consent Order and intend for this Consent Order to replace all the Parties’ previous discussions, understandings, and agreements relating to the subject matter. 12. The Parties agree that entry into this Consent Order shall constitute a full and final resolution of these matters, that the Respondent shall not initiate any additional actions in relation to these matters against the Board or its members, and that the Board shall not initiate any additional actions in relation to these matters against the Respondent. 13. The Parties agree to cooperate fully and to execute all supplementary documents and to take all additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Consent Order. 14. By entering this Consent Order, the Respondent, in relation to these matters, expressly waives the right to have charges reduced to writing, to an administrative hearing before the Board or its designee on any charges or any other matter related hereto, to the making of Findings of Fact and Conclusions of Law, to all other proceedings before the Board or its designee on these matters, and to any rights to appeal from this Consent Order to any court of competent jurisdiction. 15. The Respondent agrees that this Consent Order shall constitute a Final Order of the Board and shall be enforceable as such. 16. The Respondent agrees that he is knowingly, freely, voluntarily, and intelligently entering this Consent Order after having consulted with his attorneys. 17. The Respondent agrees and acknowledges that this Consent Order shall serve as the Final Order in Case 02-BP-22 and the Summary Suspension Case, that it shall be a part of the Respondent’s licensing record maintained by the Board, and the Board’s records and publications shall reflect this Consent Order’s terms. I. ORDERED, that in Case ...
View Source

Related to For Settlement Purposes

  • The Settlement Following mediation with a neutral party, a Settlement has been reached. As part of the Settlement, a Qualified Settlement Fund of $39,500,000 will be established to resolve the Class Action. The Net Settlement Amount is $39,500,000 minus any Administrative Expenses (including taxes and tax expenses), Court-approved Attorneys’ Fees and Costs, and Class Representative Compensation. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court.

  • Registration Exchange Substitution of Notes (a) Parent shall keep at its principal executive office a register for the registration and transfers of Notes. The name and address of each holder of one or more Notes, each transfer thereof and the name and address of the transferee of one or more Notes shall be registered in such register. Prior to due presentment for registration of transfer, the Person in whose name any Note shall be registered shall be deemed and treated as the owner and Holder thereof for all purposes of this Agreement. Parent shall not be affected by any notice or knowledge to the contrary. Parent shall give to any holder of a Note that is an institutional investor promptly after receipt of a request, a complete and correct copy of the names and addresses of all registered Holders. (b) Upon surrender of any Note at the principal executive office of Parent for registration of transfer or exchange (and in the case of a surrender for registration of transfer, duly indorsed or accompanied by a written instrument of transfer duly authorized by the Holder or such Holder’s attorney duly authorized in writing and accompanied by the address for notices of each transferee of Note or part thereof), Parent shall execute and deliver, at Parent’s expense (except as provided below), one or more new Notes (as requested by the transferor) in exchange therefor, in an aggregate principal amount equal to the unpaid principal amount of the surrendered Note. Each such new Note shall be payable to such Person as the transferor shall request. Each such new Note shall be dated and bear interest from the date to which interest shall have been paid on the surrendered Note or dated the date of the surrendered Note if no interest shall have been paid thereon. Parent may require payment of a sum sufficient to cover any stamp tax or governmental charge imposed in respect of any such transfer of Notes. Notes shall not be transferred in denominations of less than $1,000,000; provided, that if necessary to enable the registration of transfer by a Holder of its entire remaining holdings of Notes, one Note may be in a denomination of less than $1,000,000. Any transferee, by its acceptance of a Note registered in its name (or the name of its nominee), shall be deemed to have made the representation in Section 4.2. (c) Upon receipt by Parent of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an institutional investor, notice from such institutional investor of such ownership and such loss, theft, destruction or mutilation), and (i) in the case of loss, theft or destruction, of indemnity reasonably satisfactory to Parent (provided that if such Holder is, or is nominee for, an institutional investor, such Person’s own unsecured agreement of indemnity shall be deemed to be satisfactory), or (ii) in the case of mutilation, upon surrender and cancellation thereof, Parent, at its own expense, shall execute and deliver, in lieu thereof, a new Note, dated and bearing interest from the date to which interest shall have been paid on such lost, stolen, destroyed or mutilated Note or dated the date of such lost, stolen, destroyed or mutilated Note if no interest shall have been paid thereon.

  • Advances by Custodian for Settlement The Custodian may, in its sole discretion and from time to time, advance funds to the Trust to facilitate the settlement of a Fund's transactions in the Fund Custody Account. Any such advance shall be repayable immediately upon demand made by Custodian.

  • Exclusion of Certain Securities from Eligibility for Selection for Redemption Securities shall be excluded from eligibility for selection for redemption if they are identified by registration and certificate number in a written statement signed by an authorized officer of the Issuer and delivered to the Trustee at least 40 days prior to the last date on which notice of redemption may be given as being owned of record and beneficially by, and not pledged or hypothecated by either (a) the Issuer or (b) an entity specifically identified in such written statement as directly or indirectly controlling or controlled by or under direct or indirect common control with the Issuer.

  • Deposit of Additional Securities (a) Subject to the requirements set forth below in this Section, the Depositor may, on any Business Day (the "Trade Date"), subscribe for Additional Units as follows: (1) Prior to the Evaluation Time defined in Section 5.01 on the Trade Date, the Depositor shall provide notice (the "Subscription Notice") to the Trustee of the Depositor's intention to subscribe for Additional Units. The Subscription Notice shall identify the Additional Securities to be acquired (unless such Additional Securities are a precise replication of the then existing portfolio) and shall either (i) specify the quantity of Additional Securities to be deposited by the Depositor on the settlement date for such subscription or (ii) instruct the Trustee to purchase Additional Securities with an aggregate cost as specified in the Subscription Notice. (2) Promptly following the Evaluation Time on such Business Day, the Depositor shall verify with the Trustee, the number of Additional Units to be created. (3) Not later than the time on the settlement date for such subscription when the Trustee is to deliver the Additional Units created thereby (which time shall not be later than the time by which the Trustee is required to settle any contracts for the purchase of Additional Securities entered into by the Trustee pursuant to the instruction of the Depositor referred to in subparagraph (1) above), the Depositor shall deposit with the Trustee (i) any Additional Securities specified in the Subscription Notice (or contracts to purchase such Additional Securities together with cash or a letter of credit in the amount necessary to settle such contracts) or (ii) cash or a letter of credit in the amount equal to the aggregate cost of the Additional Securities to be purchased by the Trustee, as specified in the Subscription Notice, together with, in each case, Cash defined below. "Cash" means, as to the Capital Account, cash or other property (other than Securities) on hand in the Capital Account or receivable and to be credited to the Capital Account as of the Evaluation Time on the Business Day preceding the Trade Date (other than amounts to be distributed solely to persons other than persons receiving the distribution from the Capital Account as holders of Additional Units created by the deposit), and, as to the Income Account, cash or other property (other than Securities) received by the Trust as of the Evaluation Time on the Business Day preceding the Trade Date or receivable by the Trust in respect of dividends or other distributions declared but not received as of the Evaluation Time on the Business Day preceding the Trade Date, reduced by the amount of any cash or other property received or receivable on any Security allocable (in accordance with the Trustee's calculation of the monthly distribution from the Income Account pursuant to Section 3.05) to a distribution made or to be made in respect of a Record Date occurring prior to the Trade Date. Each deposit made pursuant to this Section 2.05 shall replicate, to the extent practicable, the portfolio immediately prior to such deposit.