Partial Settlement Sample Clauses

Partial Settlement. Nothing in this Agreement should be construed as precluding any Signatory’s authority to settle, at its sole discretion, any claims asserted against it.
Sample 1Sample 2Sample 3See All (5)
AutoNDA by SimpleDocs
Partial Settlement. The parties may enter into a settlement of one or more issues and shall proceed to final hearing pursuant to Rule 41. Any remaining contested issues shall proceed to trial pursuant to Rule 44. (Amended effective January 1, 2007.)
Sample 1Sample 2
Partial Settlement. This Settlement Agreement is a settlement of some but not all the issues within the scope of the proceeding between the Settling Parties. This Settlement Agreement shall be only construed to settle those issues expressly identified in Section II.
Sample 1
Partial Settlement. Notwithstanding anything else in this Agreement, if not all Regional Corporations settle with Arctic Slope under this Section, the release under Section 10 and the dismissals under Section 11 shall not be executed as between Arctic Slope and such Regional Corporation or Corporations, and Arctic Slope and such Regional Corporations shall each retain all rights against the other.
Sample 1
Partial Settlement. “Partial Settlement” shall have the meaning set forth in Section 4 of Article XIV.
Sample 1
Partial Settlement. If the conditions, if any, for the transfer of any of the Sale Shares that are registered shares subject to a restriction on transfer have not been satisfied, the settlement shall only be made with respect to that portion of the Sale Shares for which the failure to satisfy the conditions does not hinder the transfer. The Seller shall use its reasonable best efforts to ensure that the conditions for the transfer of any unsettled shares are subsequently satisfied; in particular, the Seller shall make a request for the consent to the transfer of such shares. If the conditions with respect to all or a part of such unsettled shares are satisfied, the Parties shall make a settlement in respect of such shares and transfer such shares within thirty (30) days of the satisfaction of the conditions for the transfer. If the transfer of such unsettled shares shall not have taken place by June 20, 2006, the number of the Sale Shares shall be reduced by the number of such shares and the Purchase Price shall be reduced accordingly, i.e., by the value of the shares which have not been transferred and the pro rata amount payable in connection with the Purchase Price.
Sample 1
Partial Settlement. If the Parties reach a settlement of some, but not all, issues during the mediation phase of these proceedings, they shall execute a Memorandum of Understanding or Separation Agreement reflecting: (i) the agreed-upon terms, and (ii) a list of the issues to be resolved by arbitration.
Sample 1
AutoNDA by SimpleDocs

Related to Partial Settlement

  • Full Settlement 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. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts 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. The Company agrees to pay as incurred, to the full extent permitted by law, all legal fees and expenses which the Executive may reasonably incur as a result of any contest (regardless of the outcome thereof) by the Company, the Executive or others of the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof (including as a result of any contest by the Executive about the amount of any payment pursuant to this Agreement), plus in each case interest on any delayed payment at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Internal Revenue Code of 1986, as amended (the "Code").

  • Termination Settlement Upon the occurrence of any Acceleration Event, Dealer shall have the right to designate, upon at least one Scheduled Trading Day’s notice, any Scheduled Trading Day following such occurrence to be a Settlement Date hereunder (a “Termination Settlement Date”) to which Physical Settlement shall apply, and to select the number of Settlement Shares relating to such Termination Settlement Date; provided that (i) in the case of an Acceleration Event arising out of an Ownership Event, the number of Settlement Shares so designated by Dealer shall not exceed the number of Shares necessary to reduce the Share Amount to reasonably below the Post-Effective Limit and (ii) in the case of an Acceleration Event arising out of a Stock Borrow Event, the number of Settlement Shares so designated by Dealer shall not exceed the number of Shares as to which such Stock Borrow Event exists. If, upon designation of a Termination Settlement Date by Dealer pursuant to the preceding sentence, Counterparty fails to deliver the Settlement Shares relating to such Termination Settlement Date when due or otherwise fails to perform obligations within its control in respect of the Transaction, it shall be an Event of Default with respect to Counterparty and Section 6 of the Agreement shall apply. If an Acceleration Event occurs during an Unwind Period relating to a number of Settlement Shares to which Cash Settlement or Net Share Settlement applies, then on the Termination Settlement Date relating to such Acceleration Event, notwithstanding any election to the contrary by Counterparty, Cash Settlement or Net Share Settlement shall apply to the portion of the Settlement Shares relating to such Unwind Period as to which Dealer has unwound its hedge (assuming that Dealer has a commercially reasonable hedge and unwinds its hedge in a commercially reasonable manner) and Physical Settlement shall apply in respect of (x) the remainder (if any) of such Settlement Shares and (y) the Settlement Shares designated by Dealer in respect of such Termination Settlement Date. If an Acceleration Event occurs after Counterparty has designated a Settlement Date to which Physical Settlement applies but before the relevant Settlement Shares have been delivered to Dealer, then Dealer shall have the right to cancel such Settlement Date and designate a Termination Settlement Date in respect of such Shares pursuant to the first sentence hereof. Notwithstanding the foregoing, in the case of a Nationalization or Merger Event, if at the time of the related Relevant Settlement Date the Shares have changed into cash or any other property or the right to receive cash or any other property, the Calculation Agent shall adjust the nature of the Shares as it determines appropriate to account for such change such that the nature of the Shares is consistent with what shareholders receive in such event. If Dealer designates a Termination Settlement Date as a result of an Acceleration Event caused by an excess dividend of the type described in Paragraph 7(f)(ii), no adjustments(s) shall be made to the terms of this contract to account for the amount of such excess dividend.

  • Cash Settlement If Cash Settlement is applicable to any Option exercised or deemed exercised hereunder, in lieu of Section 8.1 of the Equity Definitions, Dealer will pay to Counterparty, on the relevant Settlement Date for each such Option, an amount of cash (the “Cash Settlement Amount”) equal to the sum, for each Valid Day during the Settlement Averaging Period for such Option, of (i) the Daily Option Value for such Valid Day, divided by (ii) the number of Valid Days in the Settlement Averaging Period.

  • Final Settlement The Parties agree and acknowledge that this Compromise Agreement shall constitute a final settlement between the Parties. This Compromise Agreement resolves only issues addressed in the Compromise Agreement.

  • Contractual Settlement Unless the parties agree to the contrary, the Custodian will attend to the settlement of securities transactions in accordance with the Custodian's standard operating procedure, on the basis of either contractual settlement date accounting or actual settlement date accounting. To the extent the Custodian settles certain securities transactions on the basis of contractual settlement date accounting, the Custodian may reverse with back value to the contractual settlement date any entry relating to such contractual settlement if the Custodian reasonably believes that such amount will not be received.

Time is Money Join Law Insider Premium to draft better contracts faster.