Pending Lawsuit Sample Clauses

Pending Lawsuit. Officer agrees to make himself available upon three days notice from Company, or its attorneys, to be deposed, to testify at a hearing or trial or to accede to any other reasonable request by Company in connection with any lawsuit either currently pending against Company or any lawsuit filed after Officer's separation that involves issues relating to Officer's job responsibilities or to decisions made by him during his employment with Company.
Sample 1Sample 2Sample 3See All (13)
AutoNDA by SimpleDocs
Pending Lawsuit. The Company and the Trust as Plaintiffs have initiated the filing of a lawsuit requesting damages against Security Life of Denver Ins. Co., ING America Equities, Inc., Multi-Financial Securities Corp., Cxxxxxx Xxxxxx and Jxx Xxxxxx, as Defendants, in the District Court in and for Tulsa County, State of Oklahoma, Case No: CJ 2006-1616 (the “Pending Lawsuit”). The prosecution of the Pending Lawsuit will survive the termination of the Split Dollar Agreement; therefore, the Trust and the Company agree as follows: a. All expenses incurred to prosecute the Pending Lawsuit pursuant to that Contingent Fee Letter Agreement between the Company, Trust and Gxxxxx X. Xxxxxx, P.C. will be paid by the Company as they become due. b. The Company and the Trust each agree that they will endeavor to use their reasonable best efforts to provide such assistance to Gxxxxx X. Xxxxxx, P.C. necessary to allow it to prosecute the Pending Lawsuit. c. Any monetary award to the Company and/or the Trust shall be allocated to the Company and the Trust as follows: i. First, to reimburse the Company for the advance of any expenses pursuant to (a) above plus interest at the rate of seven percent (7%) per annum. In the event the monetary award is not sufficient to reimburse the Company as provided herein, the Trust will have no obligation to pay the Company any portion of such amounts not reimbursed. ii. The amount remaining, if any, after the payment pursuant to (i) above, shall be split equally between the Trust and the Company. d. The Company shall have the right to terminate its participation in the Pending Lawsuit at any time. The Company shall have no further obligations under this Paragraph 5 as of the date of its termination of participation. The Company’s interest in a monetary award shall be limited to a reimbursement of expenses as described in Paragraph 5(c)(i) above incurred as of the date of its termination of participation.
Sample 1
Pending Lawsuit. Promptly following closing, Xx. Xxxxxxxxxxx shall file a stipulation and proposed order that dismisses all claims in the Lawsuit with prejudice. The Stipulation for Dismissal with Prejudice and the proposed Order of Dismissal with Prejudice are attached as Exhibit “B.”
Sample 1
Pending Lawsuit. Executive agrees to make himself available upon three days notice from Company, or its attorneys, to be deposed, to testify at a hearing or trial or to accede to any other reasonable request by Company in connection with any lawsuit either currently pending against Company or any lawsuit filed after Executive's separation that involves issues relating to Executive's job responsibilities or to decisions made by him during his employment with Company.
Sample 1
Pending Lawsuit. Sellers have informed Xxxxx of a lawsuit that is pending by the Company against one or more parties, from which the Sellers and Company expect to recover certain sums currently estimated at One Hundred Twenty Five Thousand Dollars (the “Pending Lawsuit”). The Parties agree that they will continue to cause the Company to pursue the Pending Lawsuit at Sellers’ expense, and Buyer covenants to Sellers that any funds net of legal expenses recovered from the Pending Lawsuit will be reimbursed to Sellers, and excluded from NWC calculations thereby reducing the accounts receivable balance used for NWC calculations.
Sample 1
Pending Lawsuit. The covenants and agreements contained in this Agreement shall not be effective until the date on which the Court enters such Agreement Related to Settlement and Dismissal.
Sample 1

Related to Pending Lawsuit

  • Pending Litigation Financial position and prospective long-term profitability of the Single Tenderer, and in the case the Tenderer is a JV, of each member of the JV, shall remain sound according to criteria established with respect to Financial Capability under paragraph I (i) above assuming that all pending litigation will be resolved against the Tenderer. Tenderer shall provide information on pending litigations as per Form CON-2.

  • No Litigation Threatened No action or proceedings shall have been instituted or threatened before a court or other government body or by any public authority to restrain or prohibit any of the transactions contemplated hereby.

  • No Pending Litigation There is no action, suit, proceeding, investigation or litigation pending or, to the Purchaser’s knowledge, threatened, which either in any one instance or in the aggregate, if determined adversely to the Purchaser would adversely affect the purchase of the Mortgage Loans by the Purchaser hereunder, or the Purchaser’s ability to perform its obligations under this Agreement; and

  • Pending Litigation or Other Proceedings There is no pending or, to the best of the Backup Servicer’s Knowledge, threatened action, suit, proceeding or investigation before any court, administrative agency, arbitrator or governmental body against or affecting the Backup Servicer which, if decided adversely, would materially and adversely affect (i) the condition (financial or otherwise), business or operations of the Backup Servicer, (ii) the ability of the Backup Servicer to perform its obligations under, or the validity or enforceability of this Indenture or any other documents or transactions contemplated under this Indenture, (iii) any property or title of any Obligor to any property or (iv) the Indenture Trustee’s ability to foreclose or otherwise enforce the Liens of the Timeshare Loans.

  • No Litigation Pending There is no action, suit, proceeding or investigation pending or threatened against the Servicer which, either in any one instance or in the aggregate, may result in any material adverse change in the business, operations, financial condition, properties or assets of the Servicer, or in any material impairment of the right or ability of the Servicer to carry on its business substantially as now conducted, or in any material liability on the part of the Servicer, or which would draw into question the validity of this Agreement or of any action taken or to be taken in connection with the obligations of the Servicer contemplated herein, or which would be likely to impair materially the ability of the Servicer to perform under the terms of this Agreement;

  • Pending Proceedings Borrower is not in default under any law or regulation or under any order of any court, board, commission or agency whatsoever, and there are no claims, actions, suits or proceedings pending or, to the knowledge of Borrower, threatened against or affecting Borrower or the Development, at law or in equity, before or by any court, board, commission or agency whatsoever which might, if determined adversely to Borrower, materially affect Borrower's ability to repay the Loan or impair the security to be given to the County pursuant hereto.

  • No Proceeding or Litigation No suit, action, investigation, inquiry or other proceeding by any Authority or other person or entity will have been instituted or threatened which delays or questions the validity or legality of the transactions contemplated hereby or which, if successfully asserted, would, in the reasonable judgment of the Company, individually or in the aggregate, otherwise have a Material Adverse Effect on Parent's business, financial condition, prospects, assets or operations or prevent or delay the consummation of the transactions contemplated by this Agreement.

  • No Litigation, Etc No suit, action or other proceeding, investigation, or injunction or final judgment relating thereto, shall be pending or threatened before any court or governmental agency in which it is sought to restrain or prohibit or to obtain damages or other relief in connection with any of the Transaction Documents or the consummation of the Transaction.

  • No Proceedings or Litigation No action, suit or proceeding before any arbitrator or any governmental authority shall have been commenced, and no investigation by any governmental authority shall have been threatened, against the Company or any Subsidiary, or any of the officers, directors or affiliates of the Company or any Subsidiary seeking to restrain, prevent or change the transactions contemplated by this Agreement, or seeking damages in connection with such transactions.

  • Stay of Litigation The Parties agree that upon the execution of this Agreement the litigation shall be stayed, except to effectuate the terms of this Agreement. The Parties further agree that upon the signing of this Agreement that pursuant to CCP section 583.330 to extend the date to bring a case to trial under CCP section 583.310 for the entire period of this settlement process.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!