JOINT MOTION TO DISMISS WITH PREJUDICE Sample Clauses

JOINT MOTION TO DISMISS WITH PREJUDICE. TO THE HONORABLE JUDGE: The Consolidated New York Counties (“Plaintiffs”) and defendants Xxxxxx Pharmaceuticals, Inc. and Xxxxxx Pharma, Inc. f/k/a Schein Pharmaceuticals, Inc. (collectively “Xxxxxx Parties”), having settled all matters in dispute between them in this cause, jointly move this Court to dismiss with prejudice all of the Plaintiffs’ claims asserted herein against the Xxxxxx Parties, provided that the dismissal shall not affect the rights and duties of such parties as expressed in their Settlement Agreement. Dated: August , 2011 By: Xxxxxx X. Xxxxxx Xxxxxx Xxxx By: XXXXX X. XXXXXXXX K&L Gates State Street Financial Center, Xxx Xxxxxxx Xxxxxx, Xxxxxxxxxxxxx 00000-0000 (000) 000-0000 (000) 000-0000 (FAX) UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) IN RE PHARMACEUTICAL INDUSTRY ) MDL NO. 1456 AVERAGE WHOLESALE PRICE ) Civil Action No. 01-12257-PBS LITIGATION ) Subcategory No. 03-10643-PBS ) ) THIS DOCUMENT RELATES TO: ) The City of New York, et al. x. Xxxxxx Laboratories, Inc., et al. ) ) Judge Xxxxx X. Xxxxx The Motion for Dismissal is hereby GRANTED. All Claims in this action against Defendants Xxxxxx Pharmaceuticals, Inc. and Xxxxxx Pharma, Inc. f/k/a Schein Pharmaceuticals, Inc. are dismissed with prejudice and without costs to any party. IT IS SO ORDERED Dated: , 0000 Xxx Xxxxxxxxx Xxxxx X. Saris United States District Court Judge UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) IN RE PHARMACEUTICAL INDUSTRY ) MDL NO. 1456 AVERAGE WHOLESALE PRICE ) Civil Action No. 01-12257-PBS LITIGATION ) Subcategory No.: 07-12141-PBS ) ) THIS DOCUMENT RELATES TO: ) State of Iowa x. Xxxxxx Laboratories, Inc., et al. ) ) Judge Xxxxx X. Xxxxx
Sample 1Sample 2See All (4)
AutoNDA by SimpleDocs
JOINT MOTION TO DISMISS WITH PREJUDICE. Plaintiff OPTi Inc. and Defendant Advanced Micro Devices, Inc. hereby announce to the Court that they have settled their respective claims for relief asserted in this cause. Therefore, the Parties hereby agree to a dismissal with prejudice of all of the claims, counterclaims and affirmative defenses asserted herein between OPTi and AMD and further agree that each party shall each bear its own costs and attorneys’ fees. The Parties respectfully request that the Court grant their Motion and dismiss with prejudice the claims, counterclaims and affirmative defenses asserted in this cause, and that each party shall bear its own costs and attorneys’ fees. SO AGREED AND STIPULATED: Respectfully submitted, Dated: __________, 2010 ___________________________________ Mxxxxxx X. Xxxxx – Attorney-In-Charge Jxxx X. Xxxx POTTER MINTON PC 100 X. Xxxxxxx Xxx., Xxxxx 000 P.X. Xxx 000 Xxxxx, Xxxxx 00000 Tel: (000) 000-0000 Fax: (000) 000-0000 Email: mxxxxxxxx@xxxxxxxxxxxx.xxx jxxxxxxx@xxxxxxxxxxxx.xxx Admitted pro hac vice Mxxx X. Xxxxxxx Gxxxxxxxx X. Xxxxxxx Rxxxx X. Xxxxxxx ROPES & GXXX LLP 1000 Xxxxxxxxxx Xxxxxx, 0xx Xxxxx Xxxx Xxxx Xxxx, Xxxxxxxxxx 00000 Tel: (000) 000-0000 Fax: (000) 000-0000 Email: Rxxxxx.Xxxxxxx@xxxxxxxxx.xxx Mxxx.Xxxxxxx@xxxxxxxxx.xxx Nxxxxx.Xxxxxx@xxxxxxxxx.xxx Gxxxxxxxx.Xxxxxxx@xxxxxxxxx.xxx Rxxxx.Xxxxxxx@xxxxxxxxx.xxx ___________________________________ /s/ Mxxxxxx X. Xxxxx Mxxxxxx X. Xxxxx Txxxx X. Xxxxxx J. Exxxx XxXxxx Exxx X. Mxxxxxxx XXXXXXX & SXXXXX LLP 30 Xxxx Xxxxxx Xxxxx Chicago, Illinois 60601 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 mxxxxx@xxxxxxx.xxx txxxxxx@xxxxxxx.xxx exxxxxx@xxxxxxx.xxx exxxxxxxx@xxxxxxx.xxx Sxx Xxxxxx – Attorney-In-Charge Texas State Bar No. 01938000 MXXXXX XXXXX, PC 100 X. Xxxxxxx Suite 300 Marshall, Texas 75670 Phone: (000) 000-0000 Fax: (000) 000-0000 sxxxxxx@xxxxxxxxxxx.xxx ATTORNEYS FOR PLAINTIFF OPTI INC.
Sample 1Sample 2Sample 3
JOINT MOTION TO DISMISS WITH PREJUDICE. This matter came before the Court on Plaintiff OPTi Inc.’s and Defendant Advanced Micro Devices, Inc.’s Joint Motion to Dismiss With Prejudice. Having considered same, it is hereby, ordered, adjudged, and decreed that all claims, counterclaims and affirmative defenses asserted herein between Plaintiff OPTi Inc. and Advanced Micro Devices, Inc. are dismissed with prejudice, each party to bear its own costs and attorneys’ fees.
Sample 1Sample 2Sample 3
JOINT MOTION TO DISMISS WITH PREJUDICE. TO THE HONORABLE JUDGE: The State of Florida and Ven-A-Care of the Florida Keys, Inc. (“Plaintiffs”) and Defendants Xxxxxx Pharmaceuticals, Inc. and Schein Pharmaceutical, Inc. (“Xxxxxx Parties”) having settled all matters in dispute between them in this cause, jointly move this Court to dismiss with prejudice all of the Plaintiffs’ claims asserted herein against the Xxxxxx Parties, provided that the dismissal shall not affect the rights and duties of such parties as expressed in their Settlement Agreement. Respectfully submitted, XXXXXX XX XXXXX ATTORNEY GENERAL STATE OF FLORIDA XXXXX XXXXXXX Florida Bar No. 675822 Assistant Attorney General Office of the Attorney General Medicaid Fraud Control Xxxx XX-00, Xxx Xxxxxxx Xxxxxxxxxxx, Xxxxxxx 00000-0000 (000) 000-0000 (000) 000-0000 (FAX) Xxxxx X. Xxxxx Florida Bar No. 297178 The Xxxxx Law Firm, P.A. X.X. Xxx 000000 Xxxxxxxx Xxxxx, Xxxxxxx 00000-0000 (000) 000-0000 (000) 000-0000 (FAX)
Sample 1Sample 2
JOINT MOTION TO DISMISS WITH PREJUDICE. TO THE HONORABLE JUDGE: The State of Texas and Ven-A-Care of the Florida Keys, Inc. (“Plaintiffs”) and Defendants Xxxxxx Pharmaceuticals, Inc., Xxxxxx Pharma, Inc., f/k/a Schein Pharmaceutical, Inc., Rugby Laboratories, Inc., Oclassen Pharmaceuticals, Inc., Marsam Pharmaceuticals, Inc., and Andrx Pharmaceuticals, Inc. (“Xxxxxx Parties”) having settled all matters in dispute between them in this cause, jointly move this Court to dismiss with prejudice all of the Plaintiffs’ claims asserted herein against the Xxxxxx Parties, provided that the dismissal shall not affect the rights and duties of such parties as expressed in their Settlement Agreement. Respectfully submitted, Xxxx Xxxxxx Attorney General of Texas Xxxxxx X. Xxxxx First Assistant Attorney General Xxxx Xxxx Deputy Attorney General for Civil Litigation Xxxxxxx X. Xxxxxx State Bar No. 21791950 Chief, Civil Medicaid Fraud Division (000) 000-0000 direct dial XXXXXXXX XXXXX State Bar No. 14360050 (000) 000-0000 direct dial Assistant Attorneys General X.X. Xxx 00000 Xxxxxx, Xxxxx 00000-0000 (000) 000-0000 fax Attorneys for the State of Texas Xxxxx X. Xxxxx Florida Bar No. 297178 The Xxxxx Law Firm, P.A. X.X. Xxx 000000 Xxxxxxxx Xxxxx, Xxxxxxx 00000-0000 (000) 000-0000 (000) 000-0000 (FAX)
Sample 1Sample 2
JOINT MOTION TO DISMISS WITH PREJUDICE. Petitioner Xxxxx Xxxxxxx and Respondents Xxxx Xxxxx and Xxxxxx Xxxx (the “Parties”) respectfully advise the Court that all matters currently in dispute between these Parties in this proceeding have been resolved. Therefore, the Parties hereby request that the Court enter the proposed Agreed Order, attached hereto as Exhibit A, dismissing with prejudice the pending request for discovery pursuant to Tex. R. Civ. P. 202. The Parties have agreed that each party shall bear its own costs, expenses, and attorneys’ fees. Respectfully submitted By: /s/ Xxxxxx X. Xxxxxxx Xxxxxx X. Xxxxxxx Texas Bar No. 00795037 Xxxxx Xxxxxxx & Xxxxxxx, P.C. 000 X. Xxxxxxxxx, Xxx. 000 Xxxxxx, XX 00000 Phone: (000) 000-0000 Facsimile: (000) 000-0000 Electronic mail: xxxxxxxx@xxxxx.xxx COUNSEL FOR PETITIONER XXXXX XXXXXXX
Sample 1
JOINT MOTION TO DISMISS WITH PREJUDICE. Plaintiffs South Plains Financial, Inc. and City Bank (collectively, “Plaintiffs”) and Defendant R. Xxx Xxxxxxxx file this Joint Motion to Dismiss with Prejudice all claims and counterclaims asserted against each other in the above-styled cause. No further controversy remains that requires resolution by the Court. Accordingly, Plaintiffs and Xx. Xxxxxxxx jointly request that the Court dismiss this case in its entirety with prejudice. . Dated: September ____, 2020 Respectfully Submitted, /s/ DRAFT Xxxx X. Xxxx State Bar No. 24047579 xxxxx@xxxxxxxx.xxx Xxx X. Xxxxxxx State Bar No. 24089015 xxxxxxxx@xxxxxxxx.xxx HUNTON XXXXXXX XXXXX LLP 0000 Xxxx Xxxxxx, Suite 3700 Dallas, Texas 75202 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 /s/ DRAFT Xxxxxxxxx X. Xxx State Bar No. 24092677 xxxxxx.xxx@xxxxxx.xxx XXXXXX & BIRD LLP 0000 Xxxx Xxxxxx, Suite 2300 Dallas, Texas 75201 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 xxxxxx.xxx@xxxxxx.xxx -and- ATTORNEYS FOR PLAINTIFFS Xxxxx X. Xxxxxxxxxxx State Bar No. 17716000 xxxxxxxxxxxx@xxxxxxxxx.xxx V. Xxxxxx Xxxx State Bar No. 24050372 xxxxx@xxxxxxxxx.xxx XXXXX XXXXXXXXXXX, LLP 000 X. 00xx Xxxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 ATTORNEYS FOR DEFENDANT/COUNTER-PLAINTIFF R. XXX XXXXXXXX
Sample 1
AutoNDA by SimpleDocs
JOINT MOTION TO DISMISS WITH PREJUDICE. This matter came before the Court on Plaintiff OPTi, Inc.’s and Defendant VIA Technologies, Inc. Joint Motion to Dismiss With Prejudice. Having considered same, it is hereby, ordered, adjudged, and decreed that all claims, counterclaims and affirmative defenses asserted herein between Plaintiff OPTi Inc. and VIA Technologies, Inc. are dismissed with prejudice, each party to bear its own costs and attorneys’ fees.
Sample 1
JOINT MOTION TO DISMISS WITH PREJUDICE. Respondent shall comply with all the tenns and conditions of the settlement agreement between the Respondent and the Charging Parties that finally resolved the claims asserted in OCAHO Case Nos. 17B00062, 17B00063, and 17B00064, including but not lili'1ited to the terms in that settlement agreement requiring the payment of back pay in the amount of $18,738.75to the Charging Parties.
Sample 1

Related to JOINT MOTION TO DISMISS WITH PREJUDICE

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

  • 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.

  • Right to Petition Court In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery to enforce the Company’s obligations under this Agreement.

  • Submission to Dispute Resolution (i) Notwithstanding anything to the contrary in this Warrant, in the case of a dispute relating to the Exercise Price, the Closing Sale Price, the Closing Bid Price, Black Scholes Consideration Value, Event of Default Black Scholes Value, Black Scholes Value or fair market value or the arithmetic calculation of the number of Warrant Shares (as the case may be) (including, without limitation, a dispute relating to the determination of any of the foregoing) (the “Warrant Calculations”), the Company or the Holder (as the case may be) shall submit the dispute to the other party via electronic mail (A) if by the Company, within two (2) Trading Days after the occurrence of the circumstances giving rise to such dispute or (B) if by the Holder, at any time after the Holder learned of the circumstances giving rise to such dispute. If the Holder and the Company are unable to agree upon such determination or calculation within two (2) Trading Days following such initial notice by the Company or the Holder (as the case may be) of such dispute to the Company or the Holder (as the case may be), then the Holder may, at its sole option, submit the dispute to an independent, reputable investment bank or independent, outside accountant selected by the Holder (the “Independent Third Party”), and the Company shall pay all expenses of such Independent Third Party. (ii) The Holder and the Company shall each deliver to such Independent Third Party (A) a copy of the initial dispute submission so delivered in accordance with the first sentence of this Section 15(a) and (B) written documentation supporting its position with respect to such dispute, in each case, no later than 5:00 p.m. (New York time) by second (2nd) Business Day immediately following the date on which the Holder selected such Independent Third Party (the “Dispute Submission Deadline”) (the documents referred to in the immediately preceding clauses (A) and (B) are collectively referred to herein as the “Required Dispute Documentation”) (it being understood and agreed that if either the Holder or the Company fails to so deliver all of the Required Dispute Documentation by the Dispute Submission Deadline, then the party who fails to so submit all of the Required Dispute Documentation shall no longer be entitled to (and hereby waives its right to) deliver or submit any written documentation or other support to such Independent Third Party with respect to such dispute and such Independent Third Party shall resolve such dispute based solely on the Required Dispute Documentation that was delivered to such Independent Third Party prior to the Dispute Submission Deadline). Unless otherwise agreed to in writing by both the Company and the Holder or otherwise requested by such Independent Third Party, neither the Company nor the Holder shall be entitled to deliver or submit any written documentation or other support to such Independent Third Party in connection with such dispute, other than the Required Dispute Documentation. (iii) The Company and the Holder shall cause such Independent Third Party to determine the resolution of such dispute and notify the Company and the Holder of such resolution no later than five (5) Business Days immediately following the Dispute Submission Deadline. The fees and expenses of such Independent Third Party shall be borne solely by the Company, and such Independent Third Party’s resolution of such dispute shall be final and binding upon all parties absent manifest error.

  • 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.

  • Waiver of Right to Contest Liens (a) The New First Lien Collateral Agent, for and on behalf of itself and the New First Lien Secured Parties, agrees that it shall not (and hereby waives any right to) take any action to contest or challenge (or assist or support any other Person in contesting or challenging), directly or indirectly, whether or not in any proceeding (including in any Insolvency Proceeding), the validity, priority, enforceability, or perfection of the Liens of the ABL Collateral Agent and the ABL Secured Parties in respect of Receivables Collateral or the provisions of this Agreement. Except to the extent expressly set forth in this Agreement, the New First Lien Collateral Agent, for itself and on behalf of the New First Lien Secured Parties, agrees that it will not take any action that would interfere with any Exercise of Secured Creditor Remedies undertaken by the ABL Collateral Agent or any ABL Secured Party under the ABL Documents with respect to the Common Collateral. Except to the extent expressly set forth in this Agreement, the New First Lien Collateral Agent, for itself and on behalf of the New First Lien Secured Parties, hereby waives any and all rights it may have as a junior lien creditor or otherwise to contest, protest, object to, or interfere with the manner in which the ABL Collateral Agent or any ABL Secured Party seeks to enforce its Liens in any Common Collateral. (b) The ABL Collateral Agent, for and on behalf of itself and the ABL Secured Parties, agrees that it and they shall not (and hereby waives any right to) take any action to contest or challenge (or assist or support any other Person in contesting or challenging), directly or indirectly, whether or not in any proceeding (including in any Insolvency Proceeding), the validity, priority, enforceability, or perfection of the respective Liens of the New First Lien Collateral Agent or the New First Lien Secured Parties in respect of the Common Collateral or the provisions of this Agreement.

  • Right of Claimant to Bring Suit If a written claim received by the Company from or on behalf of an indemnified party under this Article VIII is not paid in full by the Company within 90 days after such receipt, the claimant may at any time thereafter bring suit against the Company to recover the unpaid amount of the claim and, if successful in whole or in part, the claimant shall be entitled to be paid also the expense of prosecuting such claim. It shall be a defense to any such action (other than an action brought to enforce a claim for expenses incurred in defending any proceeding in advance of its final disposition where the required undertaking, if any is required, has been tendered to the Company) that the claimant has not met the standards of conduct which make it permissible under the DGCL for the Company to indemnify the claimant for the amount claimed, but the burden of proving such defense shall be on the Company. Neither the failure of the Company (including the Board, independent legal counsel, or the Member) to have made a determination prior to the commencement of such action that indemnification of the claimant is proper in the circumstances because he or she has met the applicable standard of conduct set forth in the DGCL, nor an actual determination by the Company (including the Board, independent legal counsel, or the Member) that the claimant has not met such applicable standard of conduct, shall be a defense to the action or create a presumption that the claimant has not met the applicable standard of conduct.

  • 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.

  • GOVERNING LAW; CONSENT TO FORUM THIS AGREEMENT HAS BEEN NEGOTIATED, EXECUTED AND DELIVERED IN AND SHALL BE DEEMED TO HAVE BEEN MADE IN CHICAGO, ILLINOIS. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS; PROVIDED, HOWEVER, THAT IF ANY OF THE COLLATERAL SHALL BE LOCATED IN ANY JURISDICTION OTHER THAN ILLINOIS, THE LAWS OF SUCH JURISDICTION SHALL GOVERN THE METHOD, MANNER AND PROCEDURE FOR FORECLOSURE OF AGENT'S LIEN UPON SUCH COLLATERAL AND THE ENFORCEMENT OF AGENT'S OTHER REMEDIES IN RESPECT OF SUCH COLLATERAL TO THE EXTENT THAT THE LAWS OF SUCH JURISDICTION ARE DIFFERENT FROM OR INCONSISTENT WITH THE LAWS OF ILLINOIS. AS PART OF THE CONSIDERATION FOR NEW VALUE RECEIVED, AND REGARDLESS OF ANY PRESENT OR FUTURE DOMICILE OR PRINCIPAL PLACE OF BUSINESS OF ANY BORROWER, AGENT OR ANY LENDER, EACH BORROWER HEREBY CONSENTS AND AGREES THAT THE CIRCUIT COURT OF XXXX COUNTY, ILLINOIS, OR, AT AGENT'S OPTION, THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION, SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ANY CLAIMS OR DISPUTES BETWEEN BORROWERS ON THE ONE HAND AND AGENT OR ANY LENDER ON THE OTHER HAND PERTAINING TO THIS AGREEMENT OR TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT; PROVIDED, THAT AGENT AND LENDERS ACKNOWLEDGE THAT ANY APPEALS FROM THOSE COURTS MAY HAVE TO BE HEARD BY A COURT LOCATED OUTSIDE OF SUCH JURISDICTION AND; PROVIDED, FURTHER THAT NOTHING IN THIS AGREEMENT SHALL BE DEEMED OR OPERATE TO PRECLUDE AGENT FROM BRINGING SUIT OR TAKING OTHER LEGAL ACTION IN ANY OTHER JURISDICTION TO REALIZE ON THE COLLATERAL OR ANY OTHER SECURITY FOR THE OBLIGATIONS OR TO ENFORCE A JUDGMENT OR OTHER COURT ORDER IN FAVOR OF AGENT. EACH BORROWER EXPRESSLY SUBMITS AND CONSENTS IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR SUIT COMMENCED IN ANY SUCH COURT, AND EACH BORROWER HEREBY WAIVES ANY OBJECTION WHICH SUCH BORROWER MAY HAVE BASED UPON LACK OF PERSONAL JURISDICTION, IMPROPER VENUE OR FORUM NON CONVENIENS AND HEREBY CONSENTS TO THE GRANTING OF SUCH LEGAL OR EQUITABLE RELIEF AS IS DEEMED APPROPRIATE BY SUCH COURT. EACH BORROWER HEREBY WAIVES PERSONAL SERVICE OF THE SUMMONS, COMPLAINT AND OTHER PROCESS ISSUED IN ANY SUCH ACTION OR SUIT AND AGREES THAT SERVICE OF SUCH SUMMONS, COMPLAINT AND OTHER PROCESS MAY BE MADE BY REGISTERED OR CERTIFIED MAIL ADDRESSED TO SUCH BORROWER AT THE ADDRESS SET FORTH IN THIS AGREEMENT AND THAT SERVICE SO MADE SHALL BE DEEMED COMPLETED UPON THE EARLIER OF SUCH BORROWER'S ACTUAL RECEIPT THEREOF OR 3 DAYS AFTER DEPOSIT IN THE U.S. MAILS, PROPER POSTAGE PREPAID. NOTHING IN THIS AGREEMENT SHALL BE DEEMED OR OPERATE TO AFFECT THE RIGHT OF AGENT OR ANY LENDER TO SERVE LEGAL PROCESS IN ANY OTHER MANNER PERMITTED BY LAW, OR TO PRECLUDE THE ENFORCEMENT BY AGENT OR ANY LENDER OF ANY JUDGMENT OR ORDER OBTAINED IN SUCH FORUM OR THE TAKING OF ANY ACTION UNDER THIS AGREEMENT TO ENFORCE SAME IN ANY OTHER APPROPRIATE FORUM OR JURISDICTION.

  • Application to Court If (i) a claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) days after the request therefore, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!