Litigation Standstill. The Company and Parent shall cooperate with one another to seek, to the extent permitted by the Court, any extensions of the case pending between Parent and the Company’s subsidiary, Micro-Probe Incorporated, titled FormFactor, Inc. v. Micro-Probe Incorporated and Xxxxx Xxxxxx, United States District Court for the Northern District of California, case no. 4:10-cv-03095-PJH (the “Micro-Probe Case”). Without limiting the generality of the foregoing, such extensions may include, if necessary, seeking the Court’s approval to place the Micro-Probe Case on inactive status and/or remove it from the Court’s trial schedule. If the Court denies any such extensions or if such extensions expire, the parties shall work together toward a mutually agreeable approach and seek the assistance of the Court as may be required, including requesting the aid of the magistrate judge. If, however, the litigation resumes notwithstanding the parties’ efforts, neither party shall take any action in the case to prejudice the other party’s interest but each party shall be able to take any action necessary to protect its interest against prejudice.
Litigation Standstill. The Committee, each of the Shipyard Parties, and each of the New Commitment Parties shall cease and desist from any and all ongoing litigation activities, including discovery requests, review of documents produced in discovery, depositions, preparation of expert witnesses or expert reports, investigating or researching of objections, claims, causes of action, lien validity or challenges, or other similar actions, and preparation of pleadings or other documents in connection with any of the foregoing, for any reason whatsoever, including but not limited to undertakings in opposition to, or in preparation for potential opposition to, any Restructuring Transaction provided, however, that the foregoing shall not prohibit the Committee from enforcing this Amendment and the Plan, and reviewing, analyzing, defending and/or responding to any issue or claim that arises in connection with these Chapter 11 Cases not otherwise resolved by the Plan or this Amendment, if the Committee, after consulting with counsel, determines that doing so is necessary to discharge its fiduciary duties.
Litigation Standstill. The parties hereto agree not to seek a hearing date, or, if applicable, agree to postpone any hearing date, on any motions or pleadings in connection with the Lawsuit, including, without limitation, Lone Star's Motion for Summary Judgment, until the earlier to occur of the termination of this Agreement pursuant to Article 9 or September 15, 2001. Lone Star's obligations under this Section 4.3 are subject to no further motions or pleadings being made in connection with the Lawsuit by the parties hereto or the subject matter of the Lawsuit by any parties hereto attempting to intervene in the Lawsuit.
Litigation Standstill. Except as to the specific discovery negotiations outlined in Paragraph 10(e) below, DPPs, through Interim Co-Lead Counsel, shall cease all litigation activities against JBS related to the pursuit of claims against JBS in the Actions unless and until the Court were to deny Preliminary Approval or Final Approval of this Settlement Agreement. None of the foregoing provisions shall be construed to prohibit DPPs from seeking appropriate discovery from non-settling Defendants or co-conspirators or any other person other than Settling Defendants or from enforcing the terms of this Agreement on JBS.
Litigation Standstill. EUCPs shall cease all litigation activities against Tyson in the Action except to the extent expressly authorized in this Settlement Agreement. Tyson and its counsel shall cease all litigation activities against EUCPs in the Action, except in connection with providing the cooperation provided for in Section II(B). None of the foregoing provisions shall be construed to prohibit EUCPs from seeking appropriate discovery from non-settling Defendants or Unrelated Co-Conspirators.
Litigation Standstill. Class Plaintiffs shall cease all litigation activities against Triumph Foods in the Action except to the extent expressly authorized in this Cooperation Agreement. Triumph shall cease all litigation activities against Class Plaintiffs in the Action, except in connection with providing the Cooperation provided for in paragraph 1. For the avoidance of doubt, should Class Plaintiffs seek to depose former Triumph employees on topics related to their time of employment at Seaboard Foods LLC or Triumph Foods, LLC, this litigation standstill shall not apply to preclude such depositions, and Triumph in its sole discretion shall be permitted to represent the interests of Triumph and the former employee in the deposition and any related discovery practice. None of the foregoing provisions shall be construed to prohibit Class Plaintiffs from seeking appropriate discovery from non-settling Defendants, Unrelated Co- Conspirators, former employees of Triumph or other third parties. This litigation standstill precludes Triumph Foods, LLC (whether through counsel or otherwise) from assisting any non- settling Defendant in the litigation or defense of this Action, including by assisting in opposing Class Plaintiffs’ motion for class certification or working with expert witnesses or on expert materials. This litigation standstill does not, however, preclude Triumph Foods, LLC from (i) responding to discovery served by any non-Settling Defendant; (ii) negotiating in good faith to resolve any disputes regarding the scope of such discovery; or (iii) taking steps they believe in good faith are necessary to reduce the scope or burden of discovery from non-Settling Defendants, including without limitation by providing information related to structured data productions. Triumph will notify Interim Co-Lead Class Counsel within two (2) business days in the event any non-Settling Defendant requests a declaration, affidavit, or other written statement in lieu of a deposition. Settling Defendant and Triumph Foods, LLC have pre-existing business agreements that require them to cooperate with each other. For the avoidance of doubt, nothing in this litigation standstill is intended to impair or impede cooperation among and between Settling Defendant and Triumph Foods, LLC, including cooperation related to this Action.
Litigation Standstill. Class Plaintiffs shall cease all litigation activities against Xxxxx Farms in the Action except to the extent expressly authorized in this Settlement Agreement. Xxxxx Farms and Xxxxx Farms’ Counsel shall cease all litigation activities against Class Plaintiffs in the Action, except in connection with providing the Cooperation provided for in Section II(A). As is necessary to effectuate this Agreement, Class Plaintiffs will continue to name Xxxxx Farms as a defendant in any amended complaint filed in the Action before the Date of Final Judgment. For the avoidance of doubt, should Class Plaintiffs seek to depose former Xxxxx Farms employees on topics primarily related to their time of employment at Xxxxx Farms, this litigation standstill shall not apply to preclude such depositions, and Xxxxx Farms in its sole discretion shall be permitted to represent the interests of Xxxxx Farms and the former employee in the deposition and any related discovery practice. None of the foregoing provisions shall be construed to prohibit Class Plaintiffs from seeking appropriate discovery from non-settling Defendants, Unrelated Co- Conspirators, former employees of Xxxxx Farms consistent with Section II(A)(2)(d), or other third parties.
Litigation Standstill. Class Plaintiffs shall cease all litigation activities against Xxxxxx’s in the Action except to the extent expressly authorized in this Settlement Agreement. Xxxxxx’s and Xxxxxx’s Counsel shall cease all litigation activities against Class Plaintiffs in the Action, except in connection with providing the cooperation provided for in Section II(A). Regarding Xxxxxx's Responses to Plaintiffs’ First Set of Requests for Interrogatories to All Defendant Processors, which were signed by counsel and served on July 30, 2021, (a) Xxxxxx's will not be under any duty to supplement based on information learned at a later date, such as information learned in the course of reviewing documents, and (b) Xxxxxx's will not be required to provide a verification. For the avoidance of doubt, should Class Plaintiffs seek to depose former Xxxxxx’s employees on topics primarily related to their time of employment at George’s, this litigation standstill shall not apply, and Xxxxxx’s in its sole discretion shall be permitted to represent the interests of Xxxxxx’s and the former employee in the deposition and any related discovery practice. None of the foregoing provisions shall be construed to prohibit Class Plaintiffs from seeking appropriate discovery from non-settling Defendants, Unrelated Co- Conspirators, former employees of Xxxxxx’s consistent with Section II(A)2(d), or other third parties.
Litigation Standstill. Unless otherwise directed by the Court, Lead Plaintiffs shall continue to cease all litigation activities against E*TRADE related to the pursuit of claims against E*TRADE in the Action.
Litigation Standstill. DPPs shall cease all litigation activities against Tyson in the Action except to the extent expressly authorized in this Agreement. Tyson and its counsel shall cease all litigation activities against DPPs in the Action. None of the foregoing provisions shall be construed to prohibit DPPs from seeking appropriate discovery from non-settling Defendants or Co-Conspirators or any other person other than Settling Defendant.
