Outstanding Litigation. MetroCorp will accrue for any costs and expenses, including legal fees and expenses and settlement costs, related to the outstanding lawsuits set forth in Schedule 3.15, as such schedule may be updated, as specified in such schedule, or if no such amount is specified, as mutually agreed by East West and MetroCorp. No accrual will be required for any lawsuit (a) arising out of or related to the transactions contemplated by this Agreement or (b) that is settled or dismissed in any final, binding and nonappealable proceeding after payment of all related fees, costs and expenses owed by MetroCorp or any Subsidiary thereof.
Outstanding Litigation. Oakwood shall accrue for any reasonable costs and expenses, including legal fees and expenses and settlement costs, related to the outstanding Proceedings set forth in Section 3.5 of the Oakwood Disclosure Schedules (other than the Escrow Litigation), as such schedule may be updated, as specified in such schedule, or if no such amount is specified, as jointly determined by Oakwood and BFST. No accrual will be required for any Proceeding that is settled or dismissed in any final, binding and non-appealable Proceeding after payment of all related fees, costs and expenses owed by Oakwood or any of its Subsidiaries.
Outstanding Litigation. Seller and Xxxxx shall have confirmed that all pending litigation involving the Acquired Company currently being responded to by insurance (as set forth on
Outstanding Litigation. Seller and Xxxxx shall have confirmed that all pending litigation involving the Acquired Company currently being responded to by insurance (as set forth on Schedule 1.1) shall continue to be responded to by insurance on behalf of the Acquired Company post-Closing, with no further action required on the part of Seller, Buyer and/or the Acquired Company. 6.5
Outstanding Litigation. The Company is presently in the process of settling an outstanding litigation claim with Ignite Advertising for a claim in the amount of approximately $400,000.00. The Company has agreed to issue 376,600 shares to Ignite Advertising with registration rights. Each prospective investor in the Company should understand that this settlement and the issuance of shares pursuant thereto will constitute a dilution factor to investors and existing shareholders and may reduce the ability of the Company to raise future capital. These matter and other litigation risks are more fully discussed under the "Litigation Section."
Outstanding Litigation. Beeville shall accrue for any reasonable costs and expenses, including legal fees and expenses and settlement costs, related to the outstanding Proceedings set forth in Section 3.5 of the Beeville Disclosure Schedules, as such schedule may be updated, as specified in such schedule, or if no such amount is specified, as jointly determined by Beeville and Spirit. No accrual will be required for any Proceeding that is settled or dismissed in any final, binding and non-appealable Proceeding after payment of all related fees, costs and expenses owed by Beeville or any of its Subsidiaries.
Outstanding Litigation. CBI shall accrue for any reasonable costs and expenses, including legal fees and expenses and settlement costs, related to the outstanding Proceedings set forth in Section 3.5 of the CBI Disclosure Schedules, as such schedule may be updated, as specified in such schedule, or if no such amount is specified, as jointly determined by CBI and STXB. No accrual will be required for any Proceeding that is settled or dismissed in any final, binding and non-appealable Proceeding after payment of all related fees, costs and expenses owed by CBI or any of its Subsidiaries.
Outstanding Litigation. Comanche shall accrue for any costs and expenses, including legal fees and expenses and settlement costs, related to the outstanding Proceedings set forth in Section 3.5 of the Comanche Disclosure Schedules, as such schedule may be updated, as specified in such schedule, or if no such amount is specified, as jointly determined by Comanche and Spirit. No accrual will be required for any Proceeding that is settled or dismissed in any final, binding and non-appealable Proceeding after payment of all related fees, costs and expenses owed by Comanche or any of its Subsidiaries.
Outstanding Litigation. Except as set forth in Exhibit "C" attached hereto, there are no suits in law or equity or proceedings before any governmental instrumentality or agency against Borrower now pending, nor is there to the knowledge of Borrower threatened or likely any litigation nor any proceedings against or affecting Borrower, the outcome of which might materially and adversely affect the Assets or operations of Borrower, or its financial condition or business.
Outstanding Litigation. First Express represents and warrants that there is no outstanding litigation, arbitrated matter or other dispute to which First Express is a party which would reasonably be expected to have a potential or actual material adverse effect on Prudential's or First Express' ability to fulfill its respective obligations under this Agreement.
