Litigation Settlement. With respect to any litigation, claim or other legal action for which any Loan Party has provided Lender with an aggregate claim amount or expected liability amount on the Perfection Certificate or pursuant to Section 6.2, such Loan Party shall not enter into a settlement agreement with respect to such litigation, claim or other legal action in which such Loan Party’s payment liability exceeds (a) 30% above such aggregate claim amount or expected liability amount or (b) such greater amount as may be disclosed by a Loan Party to Lender and agreed upon in writing by Lender.
Litigation Settlement. 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 shareholder of the Company relating to the Offer, the Merger or this Agreement without the prior written consent of Parent, which consent shall not be unreasonably withheld or delayed.
Litigation Settlement. This settlement is reflective of a unique stage in the litigation process involving over 250 defendants. This settlement was negotiated to meet the needs of the special master and the court (i.e., judicial efficiency and court congestion), and, in Plaintiff’s view, does not reflect the economic value of the Licensed Patents or the basic damages formula used to calculate such. The Parties agree this is a litigation settlement that is specific to the particular circumstances applicable only to Defendant, including, without limitation, the manner in which it monetizes the accused functionality, and no representation is made that the foregoing consideration represents a reasonable royalty for the infringement alleged in the Litigation.
Litigation Settlement. The Parties represent and warrant that they have not agreed on a reasonable royalty or FRAND compensation for the Licensed Patents and have entered into this Agreement simply as a matter of expedience and compromise.
Litigation Settlement. The litigation presently pending in the United District Court for the District of Maryland, Southern Division bearing Case No. AW-97-1791 involving GHS shall have been settled on the terms set forth in that certain Agreement of Settlement attached hereto as Exhibit 9.1(d).
Litigation Settlement. Without the consent of the Majority Lenders (which consent shall not be unreasonably withheld or delayed), the Parent will not settle or otherwise compromise its alleged liability in respect of any shareholder litigation in a manner requiring the payment of money (not paid by insurance carriers or other third parties).
Litigation Settlement. Seller, Parent and any of their Affiliates that are party to the Litigation Settlement and Release Documents shall each have delivered signed counterparts of the Litigation Settlement and Release Documents.
Litigation Settlement. (a) Attached hereto as Exhibits 4.24A, 4.24B and 4.24C are true and complete copies of the Class Action Settlement Agreement, the 3M Agreement, and the June 2, 1998 Court Order approving the Class Action Settlement Agreement and the 3M Agreement (including the 30-day extension letter thereto).
(b) The plaintiffs in the Breast Implant Litigation have been preliminarily certified as a Mandatory (non "opt-out" Limited Fund) Class under Rule 23(b)(1)(B) of the Federal Rules of Civil Procedure.
(c) Except as disclosed in the Company's filing in its 1997 Form 10K, the implementation of the Class Action Settlement Agreement will preclude further litigation by all persons who are within the scope of the class and whose claims arise during the class period.
(d) Each Credit Party is in full compliance with all of the terms of the Class Action Settlement Agreement, the 3M Agreement and the June 2,
Litigation Settlement. The Bank shall have obtained the entry of an order or orders dismissing with prejudice the Special Litigation in a manner that resolves all claims against the Bank and its successors in the Special Litigation (collectively, the “Special Litigation Dismissal Order”) and a copy of such order or orders, certified by the clerk of the court, shall have been delivered to FBC.
Litigation Settlement. The matters set forth in Section 7.2(c) of the Company Disclosure Letter shall have been finally dismissed with prejudice or settled in a manner reasonably satisfactory to Parent pursuant to agreements or stipulations containing releases reasonably satisfactory to Parent, and all final approvals of courts or regulatory authorities required for such settlements and releases to become final, binding and enforceable shall have been obtained; provided, however, that in no event shall a settlement of the claim titled Renova Energia, S.A., v. TerraForm Global Inc. et al., Arb. 59/2016/SEC4, pending in the Center for Arbitration and Mediation of the Brazil - Canada Chamber of Commerce, including any claims between Renova and its Affiliates, on the one hand, and the Company and its Affiliates, on the other hand, relating to or arising out of the allegations therein (the “Renova Claim”) include an aggregate payment by the Company and its Subsidiaries of greater than $3,000,000 (net of any amounts funded directly or indirectly by insurance proceeds).
