PLB Lawsuit Sample Clauses

PLB Lawsuit. (1) With respect to the lawsuit in the United States District Court for the District of New Mexico entitled "Beth Xxxxxx xxx Monixxx Xxxxxx x. PLB Enterprises, Inc., Quality Dining, Inc., Bruegger's Fresh Bagel Bakery, and Patrxxx Xxxxxx," Xocket No. CIV98-0077 JP/JHG (the "PLB Lawsuit"), BC and QDI each acknowledges that it is represented by the law firm of Rilex, Xxxxx xxx Hale xx the PLB Lawsuit and each agrees that it will continue to be jointly represented by said firm in such matter until such time as it notifies the other party in writing that it wishes to cease such representation. All fees and disbursements charged by the outside attorneys and experts representing BC and QDI for services and disbursements made after the date of this Agreement in defending and/or prosecuting the PLB Lawsuit (the "PLB Litigation Costs/Expenses") shall continue to be shared equally by BC and QDI. BC and QDI, for themselves and for their respective Affiliates hereby agree that for so long as BC and QDI are jointly represented in the PLB Suit that all aspects of the defense, any prosecution or the terms of any settlement shall be jointly managed and agreed upon by BC and QDI. Should either or both of BC and QDI elect to not be jointly represented by Rilex, Xxxxx xxx Hale xx any other law firm, then BC and QDI shall cooperate in coordinating the defense and/or the prosecution of the PLB Lawsuit so as to reasonably minimize the amount of the PLB Litigation Costs/Expenses. In this regard, BC and QDI each shall instruct their counsel to coordinate and consult with the other party's counsel before taking any material action in connection with the PLB Lawsuit and the parties shall agree on all material actions to be taken in connection with the PLB Lawsuit. BC and QDI shall instruct the outside attorneys providing the joint representation for the PLB Lawsuit to prepare joint bills for the PLB Litigation Costs/Expenses, such that each bill xx addressed to BC and QDI. BC and QDI each shall then pay promptly, but in any event within sixty (60) days, one-half of each such bill. Xxould, for whatever reason, the PLB Litigation Costs and Expenses be billed to BC and QDI separately, then BC and QDI shall each submit to the other party, on a monthly basis, an itemized statement of PLB Litigation Costs/Expenses incurred by such party during the previous month. On a quarterly basis, BC and QDI shall determine whether, based on such joint bills or itemized statements, as the case may be...
Sample 1
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Related to PLB Lawsuit

  • No Governmental Proceeding or Litigation No suit, action, investigation, inquiry or other proceeding by any governmental body or other person or legal or administrative proceeding shall have been instituted or threatened which questions the validity or legality of the transactions contemplated hereby.

  • Legal Action There shall not be pending or threatened in writing any action, proceeding, or other application before any court or governmental entity challenging or seeking to restrain or prohibit the consummation of the transactions contemplated by this Agreement, or seeking to obtain any material damages.

  • No Violation, Litigation or Regulatory Action Except as set forth in Schedule 6.3:

  • Litigation; Governmental Proceedings There is no action, suit, proceeding, inquiry, arbitration, investigation, litigation or governmental proceeding pending or, to the Company’s knowledge, threatened against, or involving the Company or, to the Company’s knowledge, any executive officer or director which has not been disclosed in the Registration Statement, the Pricing Disclosure Package and the Prospectus or in connection with the Company’s listing application for the listing of the Public Securities on the Exchange.

  • No Pending Litigation or Proceedings No Litigation is pending or, to the knowledge of Buyer, threatened against or affecting Buyer or any Affiliate of Buyer in connection with any of the transactions contemplated by this Agreement or any Other Agreement to which Buyer is or is to become a party or that would, to Buyer’s knowledge, have a material adverse effect on Buyer’s business considered as a whole.

  • Infringement and Litigation 11.1 Each party shall promptly notify the other in writing in the event that it obtains knowledge of infringing activity by third parties, or is sued or threatened with an infringement suit, in any country in the LICENSED TERRITORY as a result of activities that concern the LICENSED PATENTS, and shall supply the other party with documentation of the infringing activities that it possesses.

  • Litigation There is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “Action”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

  • Litigation and Proceedings There are no actions, suits, -------------------------- proceedings or investigations pending or, to the knowledge of the Company after reasonable investigation, threatened by or against the Company or affecting the Company or its properties, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any kind. The Company has no knowledge of any default on its part with respect to any judgment, order, writ, injunction, decree, award, rule or regulation of any court, arbitrator, or governmental agency or instrumentality, or any circumstance which after reasonable investigation would result in the discovery of such default.

  • 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.

  • No Judgments or Litigation Except as set forth on Attachment B, no judgments, orders, writs or decrees are outstanding against Customer nor is there now pending or, to the best of Customer's knowledge after due inquiry, threatened, any litigation, contested claim, investigation, arbitration, or governmental proceeding by or against Customer.

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