Second Amended Complaint Sample Clauses

Second Amended Complaint. 3.1. As part of the Settlement and for purposes of the Settlement only, the Parties agree that Class Counsel shall file, concurrently with Plaintiffs’ motion for preliminary approval of the Settlement, a stipulation (“Stipulation”) allowing the filing of a Second Amended Complaint (“SAC”) asserting additional state law claims and in a form that Xxxxx Fargo has approved (both as to the Stipulation and the SAC). 3.2. The Parties agree to request that, except as necessary to approve and effectuate the Settlement, the Preliminary Approval Order stay all further proceedings in the Lawsuit, includ ing Xxxxx Fargo’s deadline for filing a responsive pleading to the SAC. If the Court enters a Final Approval Order, Xxxxx Fargo’s response to the SAC will be excused through dismissal of the Lawsuit. 3.3. If the Effective Date does not occur for any reason, no opt-in forms related to the Settlement shall be filed, the SAC will become null and void, and before the expiration of Xxxxx Fargo’s deadline for filing a responsive pleading to the SAC, the Parties shall file a stipulation and proposed order withdrawing the SAC and reinstating Plaintiffs’ original Complaint in the Lawsuit, thereby returning the Parties to the positions they held on January 18, 2018, when the Court stayed all proceedings for purposes of ADR, but taking into account the Tolling Agreement between the Parties. Subsequently, the Parties may refile any motions that were administratively terminated without a substantive ruling because of the ADR stay, and Xxxxx Fargo’s prior willingness to stipulate to the filing of the SAC under this Agreement will have no bearing on, and will not be admissible in, the Lawsuit or any subsequent proceeding. Neither the Parties nor their counsel shall offer or make reference to the Stipulation or SAC in any subsequent proceeding in the Lawsuit or in any other litigation, except as necessary to effectuate the Parties’ request for reinstatement of Plaintiffs’ original Complaint in the Lawsuit in the event that the Effective Date does not occur for any reason.
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Second Amended Complaint. 52. Within 5 days after the execution of this Settlement Agreement, the Parties will file a joint stipulation with the Court requesting leave for Plaintiff to file the proposed Second Amended Complaint attached as Exhibit B, which adds class action claims and allegations comporting with the scope of the Released Class Claims.
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Second Amended Complaint i. Within five (5) business days after the Settlement Effective Date, RTI and Surgalign shall take all necessary steps to dismiss the Second Amended Complaint with prejudice.
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Second Amended Complaint. Within ten (10) court days of the date set by the District Court for the Preliminary Approval Hearing, Plaintiffs will file a Stipulated Motion for Leave to File a Second Amended Complaint in the Action (the Second Amended Complaint in the form attached as Exhibit F hereto), seeking certification of a nationwide class and reasserting their original claims against Babolat VS North America, Inc. and adding claims on behalf of a putative nationwide class under California Business and Professions Code Sections 17200 et seq., and 17500, et seq., California Civil Code sections 1750, et seq., as well as breach of express warranty, fraud, and negligent misrepresentation based upon allegations that Babolat VS North America, Inc. falsely advertised and labeled its racquets with GT Technology from January 1, 2009 to the present as containing tungsten when the racquets allegedly did not contain tungsten. The Preliminary Approval Order shall, among other things, grant Plaintiffs’ Motion for Leave to File a Second Amended Complaint and permit the filing of the Second Amended Complaint prior to the stay of the Action taking effect. Plaintiffs will file the Second Amended Complaint on the same day of the District Court’s entry of the Preliminary Approval Order.
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Related to Second Amended Complaint

  • Second Amendment The Administrative Agent shall have received multiple counterparts as requested of this Second Amendment from each Lender.

  • First Amendment The Administrative Agent shall have received multiple counterparts as requested of the this First Amendment from each Lender.

  • FIRST AMENDMENT TO LEASE This First Amendment to Lease (this “Amendment”), made as of March 16, 2006, by and between ARE-MA REGION NO. 28, LLC, a Delaware limited liability company (“Landlord”) and ALNYLAM PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”).

  • Amendment of Release Schedule The new release schedule will apply 10 days after the Escrow Agent receives a certificate signed by a director or officer of the Issuer authorized to sign (a) stating that the Issuer has become an established issuer by satisfying one of the conditions in section 3.1 and specifying the condition; (b) stating that the release schedule for the Issuer’s escrow securities has changed; (c) stating that the Issuer has issued a news release at least 10 days before the first release date under the new release schedule and specifying the date that the news release was issued; and (d) specifying the new release schedule.

  • Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions Each issuance, amendment, renewal or extension of a Letter of Credit shall be subject to the conditions set forth in Section 6.02. To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower shall hand deliver or fax (or transmit by electronic communication, if arrangements for doing so have been approved by the relevant Issuing Bank) to any Issuing Bank and the Administrative Agent (not less than three (3) Business Days in advance of the requested date of issuance, amendment, renewal or extension) a notice: (i) requesting the issuance of a Letter of Credit or identifying the Letter of Credit issued by such Issuing Bank to be amended, renewed or extended; (ii) specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day); (iii) specifying the date on which such Letter of Credit is to expire (which shall comply with Section 2.08(c)); (iv) specifying the amount of such Letter of Credit; (v) specifying the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit; (vi) specifying the amount of the then effective Borrowing Base and whether a Borrowing Base Deficiency exists at such time, the current total Revolving Credit Exposures (without regard to the requested Letter of Credit or the requested amendment, renewal or extension of an outstanding Letter of Credit) and the pro forma total Revolving Credit Exposures (giving effect to the requested Letter of Credit or the requested amendment, renewal or extension of an outstanding Letter of Credit); and (vii) confirming the conditions set for in Section 6.02 have been satisfied. A Letter of Credit shall be issued, amended, renewed or extended only if (and each notice shall constitute a representation and warranty by the Borrower that) after giving effect to the requested issuance, amendment, renewal or extension, as applicable, (i) the LC Exposure shall not exceed the LC Commitment and (ii) the total Revolving Credit Exposures shall not exceed the total Commitments. If requested by any Issuing Bank, the Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit; provided that, in the event of any conflict between such application and the terms of this Agreement, the terms of this Agreement shall control.

  • Amendment, Etc No amendment, modification or waiver of any provision of this Indenture relating to any Guarantor or consent to any departure by any Guarantor or any other Person from any such provision will in any event be effective unless it is signed by such Guarantor and the Trustee.

  • DURATION, TERMINATION AND AMENDMENT OF THIS AGREEMENT This Agreement shall become effective on the date first above written and shall govern the relations between the parties hereto thereafter, and shall remain in force until December 29, 2002 on which date it will terminate unless its continuance after December 29, 2002 is "specifically approved at least annually" (i) by the vote of a majority of the Trustees of the Trust who are not "interested persons" of the Trust or of the Adviser at a meeting specifically called for the purpose of voting on such approval, and (ii) by the Board of Trustees of the Trust, or by "vote of a majority of the outstanding voting securities" of the Fund. This Agreement may be terminated at any time without the payment of any penalty by the Trustees or by "vote of a majority of the outstanding voting securities" of the Fund, or by the Adviser, in each case on not more than sixty days' nor less than thirty days' written notice to the other party. This Agreement shall automatically terminate in the event of its "assignment". This Agreement may be amended only if such amendment is approved by "vote of a majority of the outstanding voting securities" of the Fund.

  • Separation Agreement and General Release The Company’s obligation to make the Severance Payment is conditioned on Executive or Executive’s legal representatives executing a separation agreement and general release of claims related to or arising from Executive’s employment with the Company or the termination of employment against the Company and its affiliates (and their respective officers and directors) in a form reasonably determined by the Company, which shall be provided by the Company to Executive within five days following the Date of Termination; provided that, if Executive should fail to execute (or revokes) such release within 45 days following the Date of Termination, the Company shall not have any obligation to provide the Severance Payment. If Executive executes the release within such 45-day period and does not revoke the release within seven days following the execution of the release, the Severance Payment will be made in accordance with Section 4(a)(ii).

  • AGREEMENT RE-OPENER This Agreement may be amended by mutual consent. If either party wishes to amend or vary this Agreement, it shall give to the other party notice of any amendment proposed and the parties shall meet and discuss such proposal not later than one (1) calendar month after receipt of such notice.

  • The Eleventh Amendment The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."

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