Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company consults with Acquirer prior to the filing of such a suit) or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;
Lawsuits; Settlements. (i) Commence a lawsuit other than for the routine collection of bills or for a breach of this Agreement, or
(ii) settle or agree to settle any pending or threatened lawsuit or other dispute.
Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where it in good faith determines that failure to commence suit would reasonably be likely to have a Material Adverse Effect on the Company and its Subsidiaries, taken as a whole (provided that it consults with Acquiror prior to the filing of such a suit), (C) for a breach of this Agreement or (D) in the ordinary course of business consistent with past practice; or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute other than in the ordinary course of business consistent with past practice;
Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of or disputes relating to bills, (B) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided, that, the Company consults with Parent prior to the filing of such a suit), (C) for a breach of this Agreement, (D) counterclaims and countersuits, or (E) lawsuits where the aggregate amount in contention is not in excess of $2,000,000; or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute, except for lawsuits or disputes where the aggregate amount in contention is not in excess of $2,000,000 and that does not involve the grant of equitable relief or otherwise impose any material restriction on the Company and its Subsidiaries’ business as a whole.
Lawsuits; Settlements. Commence or threaten to commence a lawsuit other than for a breach of, or with respect to enforcement of, this Agreement; or settle or offer or propose to settle any litigation to which the Company or any Company Subsidiary is a party;
Lawsuits; Settlements. (i) Commence a Legal Proceeding other than (A) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of the Business (provided, that the Company consults with Parent prior to the filing of such a suit), or (B) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened Legal Proceeding;
Lawsuits; Settlements. (i) Commence a Legal Proceeding other than (1) for the routine collection of bills, (2) in such cases where it in good faith determines that failure to commence a Legal Proceeding would result in the material impairment of a valuable aspect of its business (provided that it consults with Acquiror prior to the filing of such a Legal Proceeding), or (3) in connection with the transactions contemplated by this Agreement, or (ii) settle or agree to settle any pending or threatened Legal Proceeding other than any settlement solely involving payment of an amount less than $500,000, or (iii) grant a release of claims with respect to any claim having a value in excess of $500,000, provided that in the case of (ii) and (iii) Acquiror shall not unreasonably withhold its consent to any request by the Company to take such actions;
Lawsuits; Settlements. (i) Commence a lawsuit outside of the ordinary course of business, other than (A) for the routine collection of bills (provided that the Company consults with Acquirer prior to the filing of such a suit), (B) for a breach of this Agreement or any Transaction Documents, (C) to enforce the rights of an Acquired Company under its Contracts or Applicable Law, including confidentiality and non-compete covenants, or (D) to avoid imminent and material harm to any of the Acquired Companies, or (ii) settle or agree to settle any pending or threatened material lawsuit or other material dispute;
Lawsuits; Settlements. (i) Commence a Proceeding, or (ii) settle or agree to settle any pending or threatened Proceeding in any manner that is materially adverse to the Company;
Lawsuits; Settlements. Other than managing employment matters with terminated Andromeda employees directly involved in the Employee Conduct, which are entirely within the purview of Hyperion and the Company, (i) commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that it consults with CBI prior to the filing of such a suit), or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute that does not involve a complete release of liability in favor of Andromeda;
