Stay of Actions Sample Clauses

Stay of Actions. The Preliminary Approval Order shall (i) stay the Receiver’s Action, the Investor Class Action, and the Other Investor Actions as to Xxxxxxx Xxxxx and Xxxxxxxx; and (ii) provide that, in the event that the Bar Order is vacated, reversed, or modified in any way, and the stays are lifted, discovery will be reopened in the Receiver’s Action in order that Xxxxxxx Xxxxx and the Receiver will not have been prejudiced by the stay. In the event that the Bar Order is vacated, reversed, or modified in any way, and the stay in the Investor Class Action is lifted, Class Counsel and Xxxxxxx Xxxxx agree that discovery will be reopened in the Investor Class Action in order that neither party will have been prejudiced by the stay.
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Stay of Actions. Immediately upon execution of this Settlement Agreement by each of the Pepco Settling Parties and the Mirant Settling Parties, each of the Pepco Settling Parties and the Mirant Settling Parties shall jointly request, pursuant to a Request for Stay substantially in the form attached hereto as Exhibit 2(d), that the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) stay consideration of the cases captioned Mirant Corp., et al.
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Stay of Actions. 15. Except by leave of this Court, during pendency of the receivership ordered herein, the Defendants and all other persons and entities be and hereby are stayed from taking any action to establish or enforce any claim, right, or interest for, against, on behalf of, in, or in the name of, the Defendants, any of their subsidiaries, affiliates, partnerships, assets, documents, or the Receiver or the Receiver’s duly authorized agents acting in their capacities as such, including, but not limited to, the following actions: (a) Commencing, prosecuting, continuing, entering, or enforcing any suit or proceeding, except that such actions may be filed to toll any applicable statute of limitations. (b) Accelerating the due date of any obligation or claimed obligation; filing, perfecting or enforcing any lien; taking or attempting to take possession, custody, or control of any asset; attempting to foreclose, forfeit, alter, or terminate any interest in any asset, whether such acts are part of a judicial proceeding, are acts of self-help, or otherwise, or setoff of any debt owing to the Defendants that arose before the date of this order against any claim against the Defendants. (c) Executing, issuing, serving, or causing the execution, issuance or service of, any legal process, including, but not limited to, attachments, garnishments, subpoenas, writs of replevin, writs of execution, or any other form of process whether specified in this order or not. (d) Doing any act or thing whatsoever to interfere with the Receiver taking custody, control, possession, or management of the assets or documents subject to this receivership, or to harass or interfere with the Receiver in any way, or to interfere in any manner with the exclusive jurisdiction of this Court over the assets or documents of the Defendants. 16. The Receiver is hereby directed to serve a copy of this order on counsel for the parties in, and the judicial officers presiding over, all civil actions against the Defendants, the pendency of which the Receiver is presently, or may subsequently become, aware. 17. Notwithstanding paragraph 15, this order does not stay a government unit from commencing or continuing a criminal, civil or administrative action against the Defendants to enforce its police or regulatory power.
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Stay of Actions. In an action brought in any court on an issue arising out of or in connection with this Agreement, which issue may be subject to either binding arbitration pursuant to either Section 16.2 or 16.3 of this Agreement, the Parties will agree and consent to any order of the court, which if satisfied that the specific issue before it is subject to arbitration, further orders such arbitration and stays that portion of the action which may be affected by the decision in the arbitration until the arbitration proceeding is complete, provided however the court may issue orders for interim relief to preserve a status quo until an arbitrator is confirmed and commences the arbitration proceeding, at which time the arbitrator shall have authority and jurisdiction to determine all issues relative to interim relief.
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Stay of Actions. The Court’s Order granting preliminary approval of the Settlement shall include an order (a) staying the Action or otherwise adjourning all litigation deadlines pending final approval of the Settlement; and (b) staying and/or enjoining, pending Final Approval of the Settlement, any actions brought by Settlement Class Members concerning a Released Claim.
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Related to Stay of Actions

  • Rights of Action All rights of action in respect of this Agreement, excepting the rights of action given to the Rights Agent under Section 18 hereof, are vested in the respective registered holders of the Right Certificates (and, prior to the Distribution Date, the registered holders of the Common Shares); and any registered holder of any Right Certificate (or, prior to the Distribution Date, of the Common Shares), without the consent of the Rights Agent or of the holder of any other Right Certificate (or, prior to the Distribution Date, of the Common Shares), may, in his own behalf and for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company to enforce, or otherwise act in respect of, his right to exercise the Rights evidenced by such Right Certificate in the manner provided in such Right Certificate and in this Agreement. Without limiting the foregoing or any remedies available to the holders of Rights, it is specifically acknowledged that the holders of Rights would not have an adequate remedy at law for any breach of this Agreement and will be entitled to specific performance of the obligations under, and injunctive relief against actual or threatened violations of the obligations of any Person subject to, this Agreement.

  • Limitation of Actions Any claim or cause of action by Borrower against Silicon, its directors, officers, employees, agents, accountants or attorneys, based upon, arising from, or relating to this Loan Agreement, or any other present or future document or agreement, or any other transaction contemplated hereby or thereby or relating hereto or thereto, or any other matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done by Silicon, its directors, officers, employees, agents, accountants or attorneys, shall be barred unless asserted by Borrower by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complaint within one year after the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based, and the service of a summons and complaint on an officer of Silicon, or on any other person authorized to accept service on behalf of Silicon, within thirty (30) days thereafter. Borrower agrees that such one-year period is a reasonable and sufficient time for Borrower to investigate and act upon any such claim or cause of action. The one-year period provided herein shall not be waived, tolled, or extended except by the written consent of Silicon in its sole discretion. This provision shall survive any termination of this Loan Agreement or any other present or future agreement.

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