Nature of Settlement Sample Clauses

Nature of Settlement. Neither this Settlement nor any instrument or document executed pursuant hereto constitutes, nor shall it or any such other instrument or document be construed as, an admission by any party hereto or thereto of any breach of contract or other violation by any of them of any right of any such other party, any harm to any such other party, or any violation by any such party of any federal, state or local statute, law, ordinance, regulation or common law duty.
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Nature of Settlement. The terms of this Settlement are contractual, not a mere recital, and this Settlement is the result of negotiations between Maritimes and the Supporting or Non-Opposing Parties, each of which has participated in the drafting of this Settlement through its respective attorneys. No Party shall be deemed the drafter of this Settlement, and this Settlement shall not be construed against any Party as the drafter. In the event of a conflict between the terms of this Settlement and the “Explanatory Statement of Stipulation and Agreement,” this Settlement shall control. Nothing contained in this Settlement shall be deemed an admission of any kind, whether of guilt, liability, or fact, by or against any Party to this Settlement, or their directors, officers, shareholders, agents, employees, representatives, principals, successors, predecessors, assigns, and heirs.
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Nature of Settlement. Settlement pursuant to this Agreement is being -------------------- made by the Parties solely for the purpose of avoiding the expense and inconvenience of litigation and in order to effect the business transactions as set forth herein and shall not be construed as an admission on the part of any of the Parties of any unlawful or wrongful conduct or of any liability whatsoever as to any of the Parties, all of which is expressly denied.
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Nature of Settlement. The parties agree to be responsible for their own federal income tax obligations, if any. Xxxxxx further agrees to indemnify ENGlobal from and against any damages and penalties associated with any of Xxxxxx'x income tax obligations arising from this settlement.
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Nature of Settlement. The Parties are entering into this Agreement for the sole purpose of avoiding the time and expense involved in the litigation of the matters addressed herein. This Agreement shall not in any way be construed as an admission by any Party that it has acted wrongfully with respect to the other Parties or any other person, or that the other Parties have any claims whatsoever against it or any of its current or former employees or agents, and each Party specifically disclaims any liability to or wrongful acts against the other Parties or any other person, on the part of itself, or any of its current or former employees or agents.
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Nature of Settlement. This Settlement Agreement, including all associated exhibits and attachments, is made solely for the purpose of resolving all claims in both the Xxxxxx Litigation and Xxxxxxx Litigation and is made in compromise of disputed claims. The Settlement is intended to fully, finally, and forever resolve, discharge, and settle the Released Claims and the PAGA Released Claims (defined herein) based on and subject to the terms and conditions set forth in this Settlement Agreement. Because the Xxxxxx Litigation was pleaded as a putative collective action and Xxxxxxx Litigation was pleaded as a putative class action, this Settlement must be court- approved. In order to effectuate the same, the Parties will do the following: (i) submit a proposed stipulation and order in the Xxxxxxx Litigation to amend the complaint to add Xxxxxxxx Xxxxxx and Xxxxx Xxxxx, and the claims set forth in the Xxxxxx Litigation, to the Xxxxxxx Litigation for purposes of the Settlement; and (ii) submit a dismissal with prejudice of the Xxxxxx Litigation within five (5) court days of Final Approval of this Settlement in the Xxxxxxx Litigation. Should the dismissal with prejudice not effect a full dismissal of the Xxxxxx Litigation, then Plaintiffs agree to take the necessary steps to ensure the full dismissal of the Xxxxxx Litigation.
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Nature of Settlement. 9 This Agreement represents a compromise and settlement of highly disputed claims.
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Nature of Settlement 
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Related to Nature of Settlement

  • Time of Settlement RSUs shall be settled promptly upon expiration of the Restricted Period without forfeiture of the RSUs (i.e., upon vesting), but in any event within 60 days after expiration of the Restricted Period, by delivery of one share of Common Stock for each RSU being settled, or, at the discretion of the Company, the cash equivalent thereof; provided, however, that settlement of an RSU shall be subject to Plan Section 11(k), including if applicable the six-month delay rule in Plan Sections 11(k)(i)(C)(2) and 11(k)(i)(G); provided further, that no dividend or dividend equivalents will be paid, accrued or accumulated in respect of the period during which settlement was delayed. (Note: This rule may apply to any portion of the RSUs that vest after the time you become Retirement eligible under the Plan, and could apply in other cases as well). Settlement of RSUs which directly or indirectly result from adjustments to RSUs shall occur at the time of settlement of, and subject to the restrictions and conditions that apply to, the granted RSUs. Settlement of cash amounts which directly or indirectly result from adjustments to RSUs shall be included as part of your regular payroll payment as soon as administratively practicable after the settlement date for the underlying RSUs, and subject to the restrictions and conditions that apply to, the granted RSUs. Until shares are delivered to you in settlement of RSUs, you shall have none of the rights of a stockholder of the Company with respect to the shares issuable in settlement of the RSUs, including the right to vote the shares and receive actual dividends and other distributions on the underlying shares of Common Stock. Shares of stock issuable in settlement of RSUs shall be delivered to you upon settlement in certificated form or in such other manner as the Company may reasonably determine. At that time, you will have all of the rights of a stockholder of the Company.

  • PAYMENT AND SETTLEMENT You shall deliver to the Manager on the date and at the place and time specified in the applicable AAU (or on such later date and at such place and time as may be specified by the Manager in a subsequent Wire) the funds specified in the applicable AAU, payable to the order of Xxxxxxx Xxxxx Xxxxxx Inc., for (i) an amount equal to the Offering Price plus (if not included in the Offering Price) accrued interest, amortization of original issue discount or dividends, if any, specified in the Prospectus or Offering Circular, less the applicable Selling Concession in respect of the Firm Securities to be purchased by you, (ii) an amount equal to the Offering Price plus (if not included in the Offering Price) accrued interest, amortization of original issue discount or dividends, if any, specified in the Prospectus or Offering Circular, less the applicable Selling Concession in respect of such of the Firm Securities to be purchased by you as shall have been retained by or released to you for direct sale as contemplated by Section 3.6 hereof or (iii) the amount set forth or indicated in the applicable AAU, as the Manager shall advise. You shall make similar payment as the Manager may direct for Additional Securities, if any, to be purchased by you on the date specified by the Manager for such payment. The Manager will make payment to the Issuer or Seller against delivery to the Manager for your account of the Securities to be purchased by you, and the Manager will deliver to you the Securities paid for by you which shall have been retained by or released to you for direct sale. If the Manager determines that transactions in the Securities are to be settled through the facilities of DTC or other clearinghouse facility, payment for and delivery of Securities purchased by you shall be made through such facilities, if you are a member, or, if you are not a member, settlement shall be made through your ordinary correspondent who is a member.

  • Timing of Settlement Subject to Section 7(a), any outstanding Restricted Stock Units that became vested on a Vesting Date shall be settled into an equal number of shares of Company Common Stock on a date selected by the Company that is within 30 days following such Vesting Date (each such date, a “Settlement Date”).

  • Form of Settlement Notwithstanding any discretion contained in the Plan or anything to the contrary in the Agreement, the RSUs are payable in Shares only.

  • Effect of Settlement Neither the Grantee nor any of the Grantee’s successors, heirs, assigns or personal representatives shall have any further rights or interests in any Restricted Stock Units that have been paid and settled. Although a settlement date or range of dates for settlement are specified above in order to comply with Code Section 409A, the Company retains discretion to determine the settlement date, and no Grantee or beneficiary of a Grantee shall have any claim for damages or loss by virtue of the fact that the market price of Common Stock was higher on a given date upon which settlement could have been made as compared to the market price on or after the actual settlement date (any claim relating to settlement will be limited to a claim for delivery of Shares and related dividend equivalents).

  • Compromise and Settlement No compromise, settlement, release, renewal, extension, indulgence, change in, waiver or modification of any of the Obligations or the release or discharge of Borrower from the performance of any of the Obligations shall release or discharge Guarantor from this Guaranty or the performance of the obligations hereunder.

  • Date of Settlement All offers of Certificated Securities solicited by a Selling Agent or made by a Purchasing Agent and accepted by the Company will be settled on a date (the “Settlement Date”) which is the third business day after the date of acceptance of such offer, unless the Company and the purchaser(s) agree to settlement (a) on another business day after the acceptance of such offer or (b) with respect to an offer accepted by the Company prior to 10:00 a.m., New York City time, on the date of such acceptance.

  • Full Settlement; No Mitigation The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against Executive or others. In no event shall Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to Executive under any of the provisions of this Agreement and such amounts shall not be reduced whether or not Executive obtains other employment.

  • Full Settlement; Mitigation The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others, provided that nothing herein shall preclude the Company from separately pursuing recovery from the Executive based on any such claim. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not the Executive obtains other employment.

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