Mutual Covenants Not To Xxx Sample Clauses

Mutual Covenants Not To Xxx. The Class Representatives covenant and agree and the Class Members shall be deemed to have covenanted and agreed, on their own behalf on behalf of their agents, heirs, predecessors, successors, assigns, representatives, and attorneys, and on behalf of all Class Members: (i) not to instigate, commence, maintain or prosecute against any Released Party any Settled Claims in any court of law, tribunal or adjudicative body anywhere in the world at any time now and in the future; and (ii) that the foregoing covenants, agreements and releases shall be a complete defense to any such Settled Claims against any of the Released Parties. Likewise, McDonald’s covenants and agrees on its own behalf and on behalf of its agents, heirs, predecessors, successors, assigns, representatives, and attorneys: (i) not to instigate, commence, maintain or prosecute against any Class Representative or Class Member any Settled Claims in any court of law, tribunal or adjudicative body anywhere in the world at any time now and in the future; and (ii) that the foregoing covenants, agreements and releases shall be a complete defense to any such Settled Claims against any Class Representative or Class Member.
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Mutual Covenants Not To Xxx. In the event that during the term of this Agreement, either Party (the "Developing Party") develops technology such that, without granting the other Party (the "Other Party") a license to such technology, the use by the Other Party of Licensed Technology would infringe the intellectual property rights of the Developing Party, the Developing Party agrees not to assert such intellectual property rights against the Other Party in any legal proceedings or otherwise.
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Mutual Covenants Not To Xxx. Subject only to the obligations set forth in this Agreement and the execution and delivery of the dismissals referred to herein, Tenant on the one hand and Landlord and Landlord's Agent on the other hand do hereby mutually covenant not to institute any suit or action at law or in equity against each other in any way related to the Lease, Dispossessory Action, or any claims that were raised or could have raised in the Dispossessory Action or in any other civil action between them. ("Subject Matter of the Mutual Covenants"). These mutual covenants not to xxx xxx be plead and treated as a complete defense to any action or proceeding that may be brought, instituted, or taken by any party to this Agreement against the other party with regard to the Subject Matter of the Mutual Covenants, and they shall forever be a complete bar to the commencement or prosecution of any such action, litigation, arbitration, or proceeding with respect to the Subject Matter of the Mutual Covenants. The purpose of these mutual covenants not to xxx is to avoid further litigation.
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Mutual Covenants Not To Xxx. (a) Subject to the terms and conditions set forth in this Agreement and except with respect to the exclusion of certain claims pursuant to this Agreement, each of the Enron Parties hereby warrants, covenants and agrees that from and after the Closing Date, it will not xxx or otherwise commence any legal action against any of the Released EOTT Parties with respect to any of the Released Enron Claims.
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Mutual Covenants Not To Xxx. (a) Sprint and its current Related Companies and future Subsidiaries agree not to assert claims of patent infringement against Vonage and its current Related Companies and Vonage Strategic Partners (to the extent that the Vonage Strategic Partner makes a reasonable assertion that Vonage has an indemnity obligation) for any of Vonage’s (and Vonage’s current Related Companies) current commercial business activities as of the date of this Agreement or previous commercially provided business activities. This covenant is binding on future Subsidiaries of Sprint only to the extent the Subsidiary is no larger than ten (10) percent of the market value of Sprint at the time of its acquisition by Sprint, and only to the extent the Subsidiary has not previously put Vonage on notice of infringement or otherwise initiated an infringement action against Vonage. Vonage will have the burden of showing the activities were commercially provided as of the date of this Agreement. This covenant is personal to Vonage and is non-transferable. This covenant terminates upon any Business Combination (as defined herein) involving Vonage. Nothing herein prevents Sprint or its Related Companies and future Subsidiaries from asserting claims of patent infringement against Vonage Strategic Partners for activities outside the scope of providing product and services in support of Vonage’s current or previous commercial business activities. Nothing in this Agreement shall preclude or limit Sprint’s ability to assert any claim against any carrier. This covenant shall extend to the planned use by Vonage customers of dual-mode phones for accessing Vonage’s network, as detailed in Exhibit B attached hereto. Sprint and its Related Companies reserve all rights to enforce any of its patents against any activities not within the scope of this covenant. This covenant does not apply to the patent portfolio of companies that acquire Sprint, except as it relates to Sprint’s patent portfolio just prior to the acquisition.
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Mutual Covenants Not To Xxx. 2.4.1. Subject to the terms and conditions of this Agreement, [SpineCo], on behalf of itself and its current and future Affiliates and their successors and assigns, hereby covenants under the Existing SpineCo Technology not to bring any proceeding before any Governmental Body against [OEMCo], its Affiliates or its or their successors and assigns that alleges that the current and future operation of the Business, as conducted as of the Effective Date or as contemplated in Exhibit D, infringes upon or otherwise violates the Existing SpineCo Technology.
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Mutual Covenants Not To Xxx 
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Related to Mutual Covenants Not To Xxx

  • Mutual Covenants Each Party hereby covenants to the other Party that:

  • Covenants Not to Xxx Alnylam hereby covenants that it and its Existing Affiliates will not initiate any legal suit against Tekmira or any of its Existing Affiliates asserting that:

  • Certain Additional Covenants (a) If any Pledgor shall, as a result of its ownership of any of the Collateral, become entitled to receive or shall receive any Stock Certificate (including any Stock Certificate issued pursuant to a stock dividend or a distribution in connection with any reclassification or increase or reduction of capital, or any Stock Certificate issued in connection with any reorganization) or any other certificate evidencing any Collateral, such Pledgor shall accept the same as the agent of the Agent, hold the same in trust for the Agent and deliver the same forthwith to the Agent in the exact form received, duly endorsed by such Pledgor to the Agent, if required, together with an undated stock power covering such Stock Certificate or other certificate duly executed in blank by such Pledgor and with, if the Agent so requests, signature guaranteed, to be held by the Agent, subject to the terms hereof, as additional Collateral. Any sums paid upon or in respect of the Pledged Equity Interests upon the liquidation or dissolution of any Subsidiary shall be paid over to the Agent to be held as additional Collateral. In case any distribution of capital shall be made on or in respect of the Pledged Equity Interests or any property shall be distributed upon or with respect to the Pledged Equity Interests pursuant to the recapitalization or reclassification of the capital of the Pledgor or any Subsidiary or pursuant to the reorganization thereof, as applicable, the capital or property so distributed shall be delivered to the Agent to be held as additional Collateral. If any such capital or property so paid or distributed shall be received by any Pledgor, such Pledgor shall, until such capital or property is paid or delivered to the Agent, hold such money or property in trust for the Agent, segregated from other funds of such Pledgor, as additional Collateral.

  • General Covenants The Corporation covenants with the Warrant Agent that so long as any Warrants remain outstanding:

  • Covenants Not to Compete No Initial Stockholder, employee, officer or director of the Company is subject to any noncompetition agreement or non-solicitation agreement with any employer or prior employer which could materially affect his ability to be an Initial Stockholder, employee, officer and/or director of the Company.

  • Special Covenants If any Company shall fail or omit to perform and observe Section 5.7, 5.8, 5.9, 5.11, 5.12, 5.13 or 5.15 hereof.

  • Covenant Not to Xxx Each Party hereby covenants and agrees that none of it, the members of such Party’s Group or any Person claiming through it shall bring suit or otherwise assert any claim against any Indemnitee, or assert a defense against any claim asserted by any Indemnitee, before any court, arbitrator, mediator or administrative agency anywhere in the world, alleging that: (a) the assumption of any Varex Liabilities by Varex or a member of the Varex Group on the terms and conditions set forth in this Agreement and the Ancillary Agreements is void or unenforceable for any reason; (b) the retention of any Parent Liabilities by Parent or a member of the Parent Group on the terms and conditions set forth in this Agreement and the Ancillary Agreements is void or unenforceable for any reason; or (c) the provisions of this Article IV are void or unenforceable for any reason.

  • GENERAL COVENANTS, CONDITIONS AND AGREEMENTS The Company hereby further covenants and agrees with each Purchaser as follows:

  • Additional Covenants The Company covenants and agrees with the Agent as follows, in addition to any other covenants and agreements made elsewhere in this Agreement:

  • Mutual Conditions The respective obligations of each party to consummate the purchase and issuance and sale of the Purchased Units shall be subject to the satisfaction on or prior to the Closing Date of each of the following conditions (any or all of which may be waived by a party on behalf of itself in writing, in whole or in part, to the extent permitted by applicable Law):

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