Stay Order i. Upon execution of this Settlement Agreement, aside from activities to enforce and approve this Settlement Agreement, the parties will stay all ongoing litigation and deadlines that are set in the Action.
Stay Order. Upon the date that the Court enters an order preliminarily approving 28 the Settlement, Indirect Purchaser Plaintiffs and members of the Classes shall be barred and 1 enjoined from commencing, instituting or continuing to prosecute any action or any proceeding in 2 any court of law or equity, arbitration tribunal, administrative forum or other forum of any kind 3 worldwide based on the Released Claims. Nothing in this provision shall prohibit the Indirect 4 Purchaser Plaintiffs or Class Counsel from continuing to participate in discovery in the Actions that 5 is initiated by other plaintiffs or that is subject to and consistent with the cooperation provisions set 6 forth in ¶¶28-34. 7
Stay Order. Contemporaneously with the execution hereof, the Company and Parent agree to execute Stipulations for an Order staying the existing Pending Litigation in substantially the form of Exhibit D hereto and in accordance with the applicable Rules of Procedure on the grounds that the parties have entered into this Agreement which, if successfully concluded in accordance with its terms, will result in dismissal of the pending appeals by further stipulation of the parties and notice to the courts. Such stipulation shall further provide that upon termination of this Agreement, either party may move the courts to lift the stay on the grounds of unsuccessful conclusion of the same.
Stay Order. Upon the execution of this Settlement Agreement, the Action shall be stayed as against KEMET. Should the Action be tried against any of the Defendants that remain in the Action, the parties specifically agree that any findings therein shall not be binding on or admissible in evidence against KEMET or prejudice KEMET in any way in any future proceeding involving KEMET.
Stay Order. Upon the Execution Date, the Action shall be stayed as against Taitsu only. Should the Action be tried against any Defendants other than Taitsu, the parties specifically agree that any findings therein shall not be binding on or admissible in evidence against Taitsu or prejudice Taitsu in any way in any future proceeding involving Taitsu.
Stay Order. Upon the date that the Court enters the Preliminary Approval Order, Plaintiff and all Settlement Class Members shall be barred and enjoined from commencing, instituting, or continuing to prosecute any action or any proceeding of any kind (including, but not limited, to an action for actual damages, statutory damages, and/or exemplary or punitive damages) in any court of law, arbitration tribunal, administrative forum, or other forum of any kind worldwide, based on the Released Claims.
Stay Order. Upon the execution of this Settlement Agreement, the Action shall be stayed as against Shinyei. Should the Action be tried against any of the Defendants that remain in the Action, the parties specifically agree that any findings therein shall not be binding on or admissible in evidence against Shinyei or prejudice Shinyei in any way in any future proceeding involving Shinyei.
Stay Order. Stay Order" shall mean the Stipulation and Proposed Order to Stay being filed by Parent and the Seller immediately following the execution of this Agreement in the Seller Pending Litigation and the Parent Pending Litigation.
Stay Order. Upon the date that the Court enters an order preliminarily approving the Settlement, Indirect Purchaser Plaintiffs and members of the Classes shall be barred and enjoined from commencing, instituting or continuing to prosecute any action or any proceeding in any court of law or equity, arbitration tribunal, administrative forum or other forum of any kind worldwide based on the Released Claims. Nothing in this provision shall prohibit the Indirect Purchaser Plaintiffs or Class Counsel from continuing to participate in discovery in the Actions that is initiated by other plaintiffs or that is subject to and consistent with the cooperation provisions set forth in ¶¶30-36, infra. C. Releases 8. Released Claims. Upon the Effective Date, the Releasors (regardless of whether any such Releasor ever seeks or obtains any recovery by any means, including, without limitation, by submitting a Proof of Claim and Release, any distribution from the Gross Settlement Fund) shall be deemed to have, and by operation of the Judgment shall have fully, finally and forever released, relinquished and discharged all Released Claims against all Releasees. 9.
Stay Order. Upon the execution of this Settlement Agreement, the Action shall be stayed as against AVX. Should the Action be tried against any of the Defendants that remain in the Action, the parties specifically agree that any findings therein shall not be binding on or admissible in evidence against AVX or prejudice AVX in any way in any future proceeding involving AVX.
