Stipulated Judgment. Lender and Borrower will stipulate to the Court's entry of Judgment against Borrower and Guarantor substantially in the form of Exhibit B attached hereto (the "Stipulation").
Stipulated Judgment. IT IS HEREBY STIPULATED by and between Plaintiff SOUTHWEST CAPITAL FUNDING, LTD. (“Southwest”) and Defendant UMED HOLDINGS, INC. in Civil No. 16-1-0342, and pursuant to Hawai’i Rules of Civil Procedure Rule 54, that final judgment be entered against Defendant UMED HOLDINGS, INC. as follows:
Stipulated Judgment. The Seller shall have satisfied in full its obligations under Section III and Section VIII of the Stipulated Judgment.
Stipulated Judgment. A. As soon as practicable following the execution of this Agreement, and in no event later than the end of the first business day in California following the execution of this Agreement, the Parties shall file with the Superior Court of the State of California, County of Alameda in connection with the California State Court Action, a Stipulated Judgment entering a final judgment in favor of the TSMC plaintiffs on all claims, cross-claims and supplemental claims filed by the parties in that action (the “Stipulated Judgment”).
B. The Stipulated Judgment referenced in subsection A above shall be payable as follows: (i) Settlement Payments totaling two hundred million U.S. dollars (US$200,000,000.00) payable pursuant to Section 2; and (ii) securities issuable pursuant to the Share Issuance Agreement.
C. As soon as practicable following the execution of this Agreement, and in no event later than the end of the first business day in Beijing, China following the execution of this Agreement, SMIC shall file a withdrawal of appeal with the Supreme Court in the Beijing Action.
Stipulated Judgment. As further consideration for settlement, and as security for the promised Monthly Payments, the parties agree to sign a Stipulated Judgment against Defendants, jointly and severally, in the amount of $385,000. The Stipulated Judgment will only be filed and executed upon by Plaintiffs in the event Defendants fail to make any required payment. If Plaintiffs file the Stipulated Judgment, they shall deduct the total of all payments made before the filing date from the $385,000. The remaining amount shall bear interest at twelve (12) percent per annum until satisfied. Upon Defendants’ full compliance with their obligations under this Agreement, the Stipulated Judgment shall be null and void.
Stipulated Judgment. As part of this Settlement Agreement and to secure Defendant’s obligations under this Agreement, the Parties shall execute a Stipulation for Entry of Judgment in the form attached hereto as Exhibit B, in the amount of five hundred thousand dollars ($500,000) less any amounts paid pursuant to this Agreement, plus any reasonable attorneys’ fees and costs incurred in enforcing the Settlement Agreement and collecting the settlement sums. The Stipulation shall be held in trust by Plaintiff’s Counsel and shall only be filed in the event of Defendant’s default. In the event that Defendant fails to make timely payments of (a) the $40,000 initial payment, or (b) $30,000 on September 15, 2023 and again on December 15,2023, or (c) the eight additional payments of $50,000 that are due each quarter beginning on March 15, 2024— and Defendant has failed to cure the late payment(s) pursuant to the terms in Paragraph 5., Plaintiff’s Counsel shall give Defendant five days’ written notice of the default, and if Defendant fails to correct the default, Plaintiff may file the Stipulation with the Court and may have judgment entered against Defendant and may enforce this judgment without further notice to Defendant and without further hearing before the Court, the rights to which are waived by Defendant. No interest will accrue if payments are timely made. In the event of an uncured default, the interest on the unpaid balance will accrue at the judgment rate of 10% from the date of default.
Stipulated Judgment. Concurrently with the execution of this Agreement, Niku shall execute and deliver to Adron W. Beene, Esq. ("Mr. Beene"), counsel for Brugger, a form of Xxxxxxxxxxx Xx Filing axx Xxxxx of Judgment ("Stxxxxxxxon"), a copy of which is attached hereto as Exhibit "C". Mr. Beene agrees to hold the original Stipulation as custodian therxxx xxxxxs and until all conditions have occurred that authorize it to be filed with the Court and Judgment entered thereon. In the event the original Stipulation is not filed prior to June 30, 2005, Mr. Beene shall return the original Stipulation to counsel for Niku.
Stipulated Judgment. As soon as reasonably possible after the execution of this Agreement, and in no event later than four (4) business days following such execution, the Parties shall submit to the Court a proposed Stipulated Judgment in the Litigation (substantially in the form attached as Exhibit A hereto) that shall incorporate this Agreement by reference and order the terms of this Agreement to be entered as the Judgment of the Court. The Parties shall undertake their best efforts to seek entry by the Court of the Stipulated Judgment within thirty (30) days after the date hereof. If such Stipulated Judgment is not entered by the Court within such period, then either Party may terminate this Agreement upon written notice to the other given any time prior to entry of a Stipulated Judgment.
Stipulated Judgment. Within 8 months of the execution of this Settlement Agreement, the 17 United States will complete environmental site assessments on the roads being 18 conveyed by the County to the United States. The environmental site assessments shall also address the areas commonly referred to as “borrow pits” 1 and “asphalt mixing tables” that were used by the County for road maintenance 2 purposes. Any issues regarding environmental remediation, as reflected in section 12.B, will be resolved to the satisfaction of the United States. The locations of the “borrow pits/asphalt mixing tables” referenced above are set 4 forth below. 5
Stipulated Judgment. Upon execution of this agreement, Voxware shall execute and deliver to Castle Creek the Stipulated Judgment in the litigation attached hereto as Exhibit C, which Stipulated Judgment shall be held in escrow by Castle Creek's counsel in accordance with the terms of this Settlement Agreement. Notwithstanding anything herein to the contrary, in no event shall Castle Creek file the Stipulated Judgment, except upon the occurrence of an Event of Default (as defined in Section 4 below).
