Settlement of Lawsuit Sample Clauses

Settlement of Lawsuit. If the Lawsuit has not been settled or dismissed as of the Closing Date:
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Settlement of Lawsuit. Settle any lawsuit or cause of action filed against it for Borrower’s payment of an amount (net of insurance proceeds) in excess of $1,500,000 without the prior written consent of the Required Lenders, which consent shall not be unreasonably withheld.”
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Settlement of Lawsuit. The definitive partial settlement agreement (the “Settlement Agreement”) in the lawsuit entitled Xxxxxxxx v. i2 Technologies, et al., Civ. Action No. 3:03-CV-0841-H (the “Lawsuit”) in the United States District Court for the Northern District of Texas (the “Court”) shall have become effective, which shall occur on the date (the “Final Settlement Date”) when all of the following events shall have occurred:
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Settlement of Lawsuit. If the Lawsuit has not been settled or dismissed as of the Closing Date: (a) Oculus agrees that Fluidigm and its counsel and advisors shall have reasonable access during normal business hours to the final version of the settlement agreement between Oculus and Syrrx related to the Lawsuit, and drafts of such settlement agreement (to the extent permissible under applicable confidentiality terms), in the manner contemplated by Section 7.2 of this Agreement, until the Lawsuit is settled or dismissed. (b) Oculus and UABRF agree that if a settlement agreement related to the Lawsuit is entered into after the Closing Date, the settlement will not involve the sale, transfer or assignment of the Technology or the Assigned Rights, or any rights in any of the foregoing, or result in the creation of any Encumbrance on the Technology, the Assigned Rights, or any rights in any of the foregoing. ARTICLE XIII
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Settlement of Lawsuit. With respect to any settlement of the Lawsuit, Attorneys shall only consult with, and only take instructions from, the Committee. This may mean that Client may not get information regarding a proposed or actual settlement directly from Attorneys. It also may mean that Client’s Claim and the Lawsuit may be settled even though Client objects to or disagrees with the settlement terms, if the Committee approves such a settlement and instructs Attorneys to reach such a settlement, and if Client fails to give a timely written notice to Attorneys that Client wishes to withdraw from the Lawsuit. Further, if Client fails to timely execute a written release of Client’s Claim in the Lawsuit when requested by Attorneys to do so as part of a settlement, Client shall be deemed to have withdrawn from participation in the Lawsuit, and Client shall not share in any settlement or judgment thereafter obtained. If Client voluntarily withdraws from, or is otherwise deemed to have withdrawn from, the Lawsuit for any reason, Client acknowledges that Client understands and has been told that, in order to then enforce Client’s Claim, Client would be required to retain a new attorney at Client’s sole expense, and to file a new lawsuit, and, further, that in such event Client’s Claim may then be time-barred and not enforceable, and may be lost by Client.
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Settlement of Lawsuit. Section 8 of the MOU shall be amended to provide that upon execution of this Amendment, the Parties (with the exception of Arbors at Highlands, LLC) agree to submit a joint motion to the Missouri Court of Appeals informing that Court that the Respondents to the Appeal are moving forward with the alternative single-family development and requesting that the Court of Appeals sever and remand the Appeal, which joint motion shall be submitted in the form attached hereto as Exhibit A. The Parties acknowledge that the agreement in this paragraph alters Section 8 of the MOU to the extent that the Parties will submit the referenced joint motion to the appellate court prior to the City’s issuance of all permits and approvals required for Owners to proceed with construction pursuant to the approved Final Site Development Plan. All Parties acknowledge that Owners are consenting to this amendment and waiving their right to enforce the Judgment in reliance upon the City’s representations in the MOU and herein that it will promptly and in good-faith review and process the Final Plat and any other remaining permits, applications or submissions required for Owners to move forward with the single-family development approved in the Final Site Development Plan.
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Settlement of Lawsuit 
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Related to Settlement of Lawsuit

  • Conflict of Laws The provisions of this Agreement shall be subject to all applicable statutes, laws, rules and regulations, including, without limitation, the applicable provisions of the ICA and rules and regulations promulgated thereunder. To the extent that any provision contained herein conflicts with any such applicable provision of law or regulation, the latter shall control. The terms and provisions of this Agreement shall be interpreted and defined in a manner consistent with the provisions and definitions of the ICA. If any provision of this Agreement shall be held or made invalid by a court decision, statute, rule or otherwise, the remainder of this Agreement shall continue in full force and effect and shall not be affected by such invalidity.

  • Litigation; Requirements of Law Except as disclosed in writing to Buyer, there is no action, suit, proceeding, investigation, or arbitration pending or, to the best knowledge of such Seller, threatened against such Seller or any of its assets, which is reasonably likely to have a Material Adverse Effect. Such Seller is in compliance in all material respects with all Requirements of Law. Such Seller is not in default in any material respect with respect to any judgment, order, writ, injunction, decree, rule or regulation of any arbitrator or Governmental Authority.

  • Conflicts and Interpretation In the event of any conflict between this Agreement and the Plan, the Plan shall control. In the event of any ambiguity in this Agreement, any term which is not defined in this Agreement, or any matters as to which this Agreement is silent, the Plan shall govern including, without limitation, the provisions thereof pursuant to which the Committee has the power, among others, to (a) interpret the Plan, (b) prescribe, amend and rescind rules and regulations relating to the Plan, and (c) make all other determinations deemed necessary or advisable for the administration of the Plan.

  • Choice of Law; Venue This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Xxxxxx County, Texas. Disputes between END USER and Contractor are to be resolved in accordance with the law and venue rules of the state of purchase. Contractor shall immediately notify H-GAC of such disputes.

  • 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.

  • Cooperate in Legal Proceedings Borrower shall cooperate fully with Lender with respect to any proceedings before any court, board or other Governmental Authority which may in any way affect the rights of Lender hereunder or any rights obtained by Lender under any of the other Loan Documents and, in connection therewith, permit Lender, at its election, to participate in any such proceedings.

  • Litigation; Jurisdiction; Other Matters; Waivers (a) EACH PARTY HERETO ACKNOWLEDGES THAT ANY DISPUTE OR CONTROVERSY BETWEEN OR AMONG THE BORROWER, THE AGENT OR ANY OF THE LENDERS WOULD BE BASED ON DIFFICULT AND COMPLEX ISSUES OF LAW AND FACT AND WOULD RESULT IN DELAY AND EXPENSE TO THE PARTIES. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE LENDERS, THE AGENT AND THE BORROWER HEREBY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING OF ANY KIND OR NATURE IN ANY COURT OR TRIBUNAL IN WHICH AN ACTION MAY BE COMMENCED BY OR AGAINST ANY PARTY HERETO ARISING OUT OF THIS AGREEMENT, THE NOTES, OR ANY OTHER LOAN DOCUMENT OR BY REASON OF ANY OTHER SUIT, CAUSE OF ACTION OR DISPUTE WHATSOEVER BETWEEN OR AMONG THE BORROWER, THE AGENT OR ANY OF THE LENDERS OF ANY KIND OR NATURE.

  • Litigation; Government Proceedings No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company, or to the Company’s knowledge, the Sponsor, or any executive officer or director of the Company, or its or their property is pending or, to the knowledge of the Company, threatened that (i) would reasonably be expected to have a material adverse effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) would reasonably be expected to have a Material Adverse Effect, except as set forth in or contemplated in the Statutory Prospectus and the Prospectus (exclusive of any supplement thereto).

  • Choice of Laws Venue for any lawsuit brought to enforce any term or condition of this Agreement or to construe the terms hereof shall lie exclusively in the State of New York. This Agreement shall be construed under and shall be governed by the laws of the State of New York without regard to the application of its conflicts of law principles.

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