STIPULATION AND ORDER OF DISMISSAL. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for all the parties to the above-entitled action, pursuant to the Florida Rules of Civil Procedure, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed or conservatee and no person not a party has an interest in the subject matter of the action, the above-entitled action be, and the same hereby is, dismissed, each party to bear its own costs.
STIPULATION AND ORDER OF DISMISSAL. Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, it is hereby stipulated by and between plaintiff, PDL BioPharma, Inc., and defendant, Alexion Pharmaceuticals, Inc., that this action, including all claims and counterclaims, be and hereby is dismissed in its entirety with prejudice effective December 31, 2008, subject to the terms and conditions of the Settlement Agreement and the Patent License Agreement, each dated December 31, 2008. Each party shall bear its own costs, expenses and attorneys fees. [*] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. XXXXXX, XXXXXXX, ARSHT & XXXXXXX LLP YOUNG, CONAWAY, STARGATT & XXXXXX, LLP Xxxx X. Xxxxxxxxxx (#1014) Xxxxx Xxxxxx Xxxxxx (#2881) 0000 Xxxxx Xxxxxx Xxxxxx P.O. Box 1347 Wilmington, DE 19899-1347 (000) 000-0000 xxxxxxxxxxx@xxxx.xxx xxxxxxx@xxxx.xxx Xxxx X. Xxxxxxxxx (#1088) Xxxx X. Xxxx (#3362) Xxxxxx X. Xxxxxxxx (#4429) The Brandywine Building 0000 Xxxx Xxxxxx, 00xx Xxxxx P.O. Box 391 Wilmington, DE 19801 xxxxxxxxxx@xxxx.xxx xxxxx@xxxx.xxx xxxxxxxxx@xxxx.xxx Attorneys for Plaintiff PDL BioPharma, Inc. Attorneys for Defendant Alexion Pharmaceuticals, Inc. SO ORDERED this day of , 2009. Xxxxxxxxx Xxxxxx X. Farnan, Jr. [*] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. Stipulated Joint Stay IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) PDL BIOPHARMA, INC., ) ) Plaintiff, ) )
STIPULATION AND ORDER OF DISMISSAL. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. SO STIPULATED:
STIPULATION AND ORDER OF DISMISSAL. Within three (3) business days of the Parties’ execution of this Agreement, the Parties shall file a Joint Stipulation for Dismissal with Prejudice, attached to this Agreement as Exhibit “A”, of all claims and counterclaims, excepting only the enforcement of this Agreement, the Parties now have or may have in the future with respect to the Litigation. The Joint Stipulation for Dismissal with Prejudice shall include that each party shall bear its own attorney’s fees and costs and that the Court will retain jurisdiction to enforce this Agreement.
STIPULATION AND ORDER OF DISMISSAL. At the Closing, the Parties shall stipulate to an Order of Dismissal of the Litigation, with prejudice, including all claims and counterclaims. The funds previously paid by EEZ to STTX under protest shall be released to and vest in STTX and the protest shall be vacated.
STIPULATION AND ORDER OF DISMISSAL. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for all the patties to the above-entitled action, pursuant to the Florida Rules of Civil Procedure, that whereas no xxxxx hereto is an infant or incompetent person for whom a committee has been appointed or conservatee and no person not a pany has an interest in the subject matter of the action, the above-entitled action be, and the same hereby is, dismissed, each xxxxx to beat its own costs.
STIPULATION AND ORDER OF DISMISSAL. (a) In consideration of the mutual benefits of entering into this Settlement Agreement, the Parties shall enter into and cause to be filed with the District Court, within [***] after the Execution Date, a stipulation and proposed order dismissing with prejudice all claims, defenses and counterclaims as between the Cadence Parties and the Sandoz Parties in the Pending Litigation, substantially in the form annexed hereto as Exhibit A (“Stipulation and Order of Dismissal With Prejudice”).
(b) If the District Court raises an objection to, or does not grant, the Stipulation and Order of Dismissal With Prejudice in substantially the same form as that annexed hereto as Exhibit A, the Parties shall confer in good faith and revise the Stipulation and Order of Dismissal With Prejudice consistent with the requirements of the District Court and this Settlement Agreement and the Term Sheet.
(c) The Parties agree that this Settlement Agreement and the Term Sheet (collectively, the “Settlement Documents”) shall become effective, and shall be binding on any such Party, on and as of the Execution Date.
STIPULATION AND ORDER OF DISMISSAL. IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto, that the above-captioned proceeding shall be and hereby is dismissed with prejudice, each side to bear its respective costs. Of Counsel: ------------------------------------- Allax X. Xxxxxx Xxxhxxx Xxxxx Davix Xxxxxxx Xxxe, Xxholer, Fierman, Hays & Smitx Xxxzxxxxxxx Xxxlxx XXX Handler, LLP 800 Xxxxxxxx Xxxxxx 000 Xxxx Xxxxxx X.X. Xxx 000 Xxx Xxxx, Xxx Xxxx 00000 Wilmxxxxxx, Xxxxxxxx 00000 (002) 000-0000 (302) 000-0000 Attorneys for Plaintiff HFTP Investments, LLC Of Counsel: ------------------------------------- Irwix X. Xxxxxx Kevix X. Xxxxxx Xxxl, Xxtshal & Mangxx XXX Richxxxx, Xxxxxx & Xinger 767 Xxxxx Xxxxxx One Xxxxxx Xxxxxx Xxx York, New York 10153 P.O. Xxx 000 (002) 000-0000 Wilmxxxxxx, Xxxxxxxx 00000 (302) 000-0000 Xxxed: January 14, 2000 Attorneys for Defendant ARIAD Pharmaceuticals, Inc. SO ORDERED, this ____ day of January 2000. ------------------------------------- Vice Chancellor 16 EXHIBIT D OFFICER'S CERTIFICATE Jamex X. X'Xxxxx, Xx., xxreby certifies as follows:
STIPULATION AND ORDER OF DISMISSAL. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for all the parties to the above-entitled action, pursuant to the Florida Rules of Civil Procedure, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed or conservatee and no person not a party has an interest in the subject matter of the action, the above-entitled action be, and the same hereby is, dismissed, each party to bear its own costs. Dated: _____________________________, 2016. Cxxxxxx X. Xxxxxxx, Xx., Esq. Mxxxxxx X. Xxxxx, Esquire CXXXXXX X. XXXXXXX, XX., P.A. P.O. Box 19702 Florida Bar No. 0896195 Sxxxxxxx, Xxxxxxx 00000 2127 Ringling Blvd., Suite 100 000-000-0000 (phone) Sxxxxxxx, Xxxxxxx 00000 000-000-0000 (fax) (000) 000-0000 phone Florida Bar No. 0148709 (000) 000-0000 facsimile Attorney for Defendant Attorney for Plaintiff SO ORDERED: The Honorable Akerman LLP Invoice $ 4,750.00 $ 4,750.00 Dxxxxxxx & Associates Invoice $ 54,884.20 $ 54,884.20 Servcorp Invoice $ 14,486.28 $ 14,486.28 Silveiro Advogados Invoice $ 17,904.18 $ 17,904.18 Wxxxxxxxxx Xxxxxxx Invoice $ 10,078.08 $ 10,078.08 This Claim Purchase Agreement (“Agreement”) (together with Exhibits A and B annexed hereto and made a part hereof, all of which taken together constitute this “Agreement”) is entered into effective as of the date of full execution (“Effective Date”), by and between Rockwell Capital Partners, Inc. (“Purchaser”), and the Creditor identified below (“Creditor”). Purchaser and Creditor (each, a “Party” and, together, the “Parties”) agree as follows with respect to the outstanding debt owed to Creditor by the Company named below (“Company”): Company Name: Drone USA, inc. Creditor Name: Wxxxxxxxxx Xxxxxxx Claim Amount: $10,078.08 (Total amount payable from Company to Creditor) Purchase Price: $10,078.08 (Amount for which Creditor is selling Claim to Purchaser) Documentation of Claim (complete copies of all documentation attached): x Invoice(s) attached as Exhibit A x Indemnification Agreement attached as Exhibit B
STIPULATION AND ORDER OF DISMISSAL. The Parties shall cooperate with each other in obtaining dismissal with prejudice with NTOG in regards to the Litigation.
