Common use of Participation in Litigation Clause in Contracts

Participation in Litigation. Prior to the Effective Time, each of Parent and the Company shall (a) give prompt notice to each other of any Actions commenced or, to its knowledge, threatened, against it and/or its directors which relate to this Agreement or the Transactions, and (b) give each other the opportunity to participate in the defense or settlement of any shareholder Action against it and/or its directors relating to this Agreement or the Transactions, and no such Action shall be settled or compromised, and neither Parent nor the Company may take any action to adversely affect or prejudice any such Action, without the other party’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed).

Participation in Litigation. Prior to the Effective Time, each of Parent shall give prompt notice to the Company, and the Company shall (a) give prompt notice to each other Parent, of any Actions actions, suits, claims or proceedings commenced or, to its knowledgethe Company’s knowledge on the one hand and Parent’s knowledge on the other hand, threatened, threatened against it and/or its directors such Party which relate to this Agreement or and the Transactions, and (b) transactions contemplated hereby. Each Party shall give each the other Party the opportunity to participate in the defense or settlement of any shareholder Action litigation against it itself and/or its directors relating to this Agreement or the Transactionstransactions contemplated hereby, and no such Action litigation shall be settled or compromised, and neither Parent nor the Company may take any action to adversely affect or prejudice any such Action, compromised without the other partyParty’s prior written consent (which such consent shall not to be unreasonably withheld, conditioned or delayed).

Participation in Litigation. Prior to the Effective Time, each of Parent and the Company shall (a) each party shall give prompt notice to each the other party of any Actions commenced or, to its knowledgethe Knowledge of such party, threatened, against it such party and/or its directors which relate to this Agreement or the Transactions, and (b) the Company shall give each other the Parent a reasonable opportunity to participate in the defense or settlement of any shareholder Action against it the Company and/or its directors relating to this Agreement or the Transactions, and no such Action shall be settled or compromised, and neither Parent nor the Company may shall not take any action to adversely affect or prejudice any such Action, without the other partyParent’s prior written consent (consent, which consent shall not be unreasonably withheld, conditioned or delayed).