Stipulation for Entry of Judgment Sample Clauses

Stipulation for Entry of Judgment. Within five (5) business days of full execution of this Agreement, the Parties shall execute and jointly file with the Court the Stipulation for Entry of Judgment attached hereto as Exhibit 1 (“Stipulation”). The Parties further agree to jointly request that the Court enter judgment consistent with the Stipulation, including, without limitation, jointly requesting that the Court consider the Proposed Judgment on an ex parte or expedited basis if requested by any Party.
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Stipulation for Entry of Judgment. JEAN XXXXXXXXX, XXVIX XXXXXXXXX xxx RICHXXX XXXXXXXXX xxxll execute a Stipulation for Entry of Judgment ("Stipulation") in the form attached hereto as Exhibit "A" and hereby incorporated by reference. The original of the fully executed Stipulation will be held by Turnxx xxx Reynxxxx, xxunsel for KOLL, xxd will not be filed with the Court, unless and until such time as an event of default occurs in accordance with Paragraph 4 of this Agreement. Upon performance of all of JEAN XXXXXXXXX, XXCHXXX XXXXXXXXX XXX KEVIX XXXXXXXXX'x xxxigations as set forth herein and upon JEAN XXXXXXXXX, XXCHXXX XXXXXXXXX XXX KEVIX XXXXXXXXX'x xxxely surrender
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Stipulation for Entry of Judgment. A condition precedent to this Agreement becoming effective is execution of the STIPULATION FOR ENTRY OF JUDGMENT, the form and content of which is attached hereto as Exhibit “D”. Defendant shall sign and date Exhibit “D” and the original shall be forwarded promptly to the DLSE at the address provided above. The Labor Commissioner agrees that Attachment “D” shall not be filed with the court unless there is a default by Defendant that is not cured within ten (10) days of notice of default. Once ZipRealty has filed the Dismissal With Prejudice pursuant to section 16 herein, the Labor Commissioner shall destroy the executed STIPULATION FOR ENTRY OF JUDGMENT.
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Stipulation for Entry of Judgment. The Parties hereby incorporate by reference the Settlement Agreement as though fully set forth herein. In the event that any one or more of the following events occurs (collectively, "Trigger Events"): (A) Defendant fails or refuses to fully and timely surrender and vacate all or any portion of the Premises when and as required by Section 3 a)(iii) or 3 a)(iv) of the Settlement Agreement (any such failure or refusal is referred to as a "Late Surrender") or (B) Defendant fails or refuses to fully and timely pay all or any portion of the Base Rent and/or other Rent or charges when due under the Lease (any such failure or refusal is referred to as a "Late Rent Payment"), IT IS HEREBY STIPULATED by and between the Parties that Plaintiff shall have the right to immediately apply to the Court in this Unlawful Detainer Action, on an ex parte basis upon 24-hour notice to Defendant, for entry of judgment in favor of Plaintiff and against Defendant and all parties in possession (other than any New Tenant as specified by Plaintiff), in the form attached hereto as Exhibit "A" and for the immediate issuance of a writ of possession for the Premises, and that such judgment and writ shall be thereupon immediately awarded provided that such ex parte application is accompanied by a declaration stating that a Trigger Event has occurred (subject only to Defendant's limited right to oppose Plaintiff's application if Plaintiff's application is based on certain (but not all) Trigger Events, but only to the extent expressly allowed by paragraph "6" below, which opposition, if applicable, may be considered by the Court solely for the purpose of determining whether the alleged Trigger Event in fact occurred, in which case, unless the Court actually determines that no Trigger Event occurred, then Plaintiff and Defendant hereby agree that the said judgment and writ shall be immediately awarded to Plaintiff notwithstanding any such opposition by Defendant). Plaintiff's application for entry of judgment may be made by declaration.
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Stipulation for Entry of Judgment. To settle the claims asserted in the complaint and to permit the entry of final judgment on those claims, without constituting an admission of liability on the part of defendant, it is stipulated and agreed between the parties:
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Stipulation for Entry of Judgment. (a) By executing this Settlement Agreement, Hythiam agrees that submits to the jurisdiction of the Court for purposes of the Action and the enforcement of any judgment or order arising therefrom.
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Stipulation for Entry of Judgment. If Defendants breach any obligations under this Agreement and fail to cure such breach within Forty-Eight (48) hours after receipt of written notice from Plaintiffs identifying the breach, requesting a cure, and specifically stating Plaintiffs’ intention to exercise Plaintiff’s right to receive liquidated damages under this Section, Plaintiffs reserve their right to appear ex parte in San Diego County Superior Court to request entry of Judgment in their favor and against Defendants, and each of them, for the total balance then due and owing, pursuant to the Parties’ Stipulation to the Entry of Judgment Upon Default in the form attached hereto as Exhibit “A,” and incorporated herein and made a part of this Agreement by this reference.
Sample 1
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Stipulation for Entry of Judgment. As further consideration for this Agreement, the Parties agree to enter into a stipulation for entry of judgment and judgment thereon in the form attached hereto as Exhibits “A” and “B” that will be held in trust by Lxxxxx’x counsel pending a default by SSVE or satisfaction of the payment terms of this Agreement. If SSVE does not default on any payment term referenced herein, and if at the conclusion of the 180 days from the approval of this Agreement by the Bankruptcy Court, Lxxxxx has in fact received a repayment in full of his initial investment of $500,000 by means of the transactions referenced above, then counsel for Lxxxxx will return to SSVE the stipulation for entry of judgment and judgment thereon without ever filing either document with the Court and will further cause the action to be dismissed with prejudice forthwith. In the event, however, that SSVE defaults on any payment provision referenced above, Lxxxxx after providing SSVE 48 hours notice of his intention to do so (by means of an email to any officer of SSVE) will be authorized to enter the remaining amount owed (i.e., the difference between $500,000 and the amount repaid to Lxxxxx pursuant to A.1, A.2 and/or A.3 above) into the stipulation and judgment and to submit these document to the Court along with a request for attorneys fees in the amount of $5,000 which the parties hereby agree is the reasonable attorneys fees that Lxxxxx will incur in preparing, filing and attending to the presentation of such documents to the Bankruptcy Court. By way of example only, if SSVE pays Lxxxxx the sum of $200,000 pursuant to A.1 above and Lxxxxx sells $100,000 of SSVE stock pursuant to A.2. above; and SSVE is unable to or fails to repay Lxxxxx an additional $200,000 at the end of the 180 day term referenced herein in exchange for a return of his remaining stock in SSVE acquired by the stock sale as required by A.3. above, Lxxxxx will be authorized to submit the stipulation for entry of judgment against SSVE in the amount of $205,000 and a proposed judgment in the amount of $205,000 to the Court. SSVE hereby waives any objection to the form or content of the stipulation for entry of judgment and judgment attached hereto as Exhibits “A” and “B”.
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Stipulation for Entry of Judgment. The ASR Parties shall execute a Stipulation For Entry of Judgment in the Main Action in the amount of Three Million Four Hundred Thousand Dollars ($3,400,000) (the "Stipulated Amount") that shall be held by counsel for the New West Parties and shall not be filed with the Court except in the event of (a) an uncured payment default and/or (b) either ASRM or ASROP commences a bankruptcy case prior to payment of all sums due under the Note and/or (c) ASROP voluntarily transfers a substantial portion of its assets ("substantial" shall mean forty percent (40%) or more in value) to one or more other entities except for transfers to affiliates of ASROP; provided, however, in no event shall the American Spectrum Parties be released from its obligations under this Agreement by reason of any such transfer. The Stipulation For Entry of Judgment shall provide that in the event of a default on any payment under this Agreement or the Note, then following the expiration of the Cure Period (set forth below), an amount equal to the Stipulated Amount (less payments previously made by the American Spectrum Parties pursuant to this Agreement or the Note), shall be deemed due and payable, and judgment shall be entered against the ASR Parties for that amount.
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Related to Stipulation for Entry of Judgment

  • Entry of Judgment The award of the arbitral tribunal shall be final and binding. Judgment on the award of the arbitral tribunal may be entered and enforced by any court of competent jurisdiction.

  • Confession of Judgment THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR ANY ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER, BORROWER, FOLLOWING CONSULTATION WITH (OR DECISION NOT TO CONSULT) COUNSEL FOR BORROWER AND WITH KNOWLEDGE OF THE LEGAL EFFECT HEREOF, HEREBY KNOWINGLY, INTENTIONALLY, VOLUNTARILY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS BORROWER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY OF REHEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES OF AMERICA, THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE. IT IS SPECIFICALLY ACKNOWLEDGED BY BORROWER THAT LENDER HAS RELIED ON THIS WARRANT OF ATTORNEY AS AN INDUCEMENT TWO GRANT FINANCIAL ACCOMMODATIONS TO BORROWER. UPON AND FOLLOWING THE OCCURRENCE OF AN UNCURED EVENT OF DEFAULT, BORROWER HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD OR THE PROTHONOTARY OR CLERK OF ANY COUNTY IN THE COMMONWEALTH OF PENNSYLVANIA, OR IN ANY JURISDICTION WHERE PERMITTED BY LAW OR THE CLERK OF ANY UNITED STATES DISTRICT COURT, TO APPEAR FOR BORROWER IN ANY AND ALL ACTIONS WHICH MAY BE BROUGHT HEREUNDER AND ENTER AND CONFESS JUDGMENT AGAINST BORROWER OR ANY OF THEM IN FAVOR OF LENDER FOR SUCH SUMS AS ARE DUE OR MAY BECOME DUE HEREUNDER OR UNDER ANY OTHER LOAN DOCUMENT, TOGETHER WITH COSTS OF SUIT AND ACTUAL COLLECTION COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES EQUAL TO FIVE PERCENT (5%) OF THE LIABILITIES THEN DUE AND OWING BUT IN NO EVENT LESS THAN $5,000, WITH OR WITHOUT DECLARATION, WITHOUT PRIOR NOTICE, WITHOUT STAY OF EXECUTION AND WITH RELEASE OF ALL PROCEDURAL ERRORS AND THE RIGHT TO ISSUE EXECUTIONS FORTHWITH. IF A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT OF ANY OFFICER OF LENDER SHALL HAVE BEEN FILED IN SUCH ACTION, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL THEREOF AS A WARRANT OF ATTORNEY, ANY PRACTICE OR USAGE TO THE CONTRARY NOTWITHSTANDING. THE AUTHORITY HEREIN GRANTED TO CONFESS JUDGMENT SHALL NOT BE EXHAUSTED BY ANY SINGLE EXERCISE THEREOF, BUT SHALL CONTINUE AND MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS LENDER SHALL FIND IT NECESSARY AND DESIRABLE AND AT ALL TIMES UNTIL FULL PAYMENT OF ALL AMOUNTS DUE HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS. LENDER MAY CONFESS ONE OR MORE JUDGMENTS IN THE SAME OR DIFFERENT JURISDICTIONS FOR ALL OR ANY PART OF BORROWER’S OBLIGATIONS ARISING HEREUNDER OR UNDER ANY OTHER LOAN DOCUMENT TO WHICH BORROWER IS A PARTY, WITHOUT REGARD TO WHETHER JUDGMENT HAS THERETOFORE BEEN CONFESSED ON MORE THAN ONE OCCASION FOR THE SAME OBLIGATIONS. IN THE EVENT THAT ANY JUDGMENT CONFESSED AGAINST BORROWER IS STRICKEN OR OPENED UPON APPLICATION BY OR ON BEHALF OF BORROWER FOR ANY REASONS, LENDER IS HEREBY AUTHORIZED AND EMPOWERED TO AGAIN APPEAR FOR AND CONFESS JUDGMENT AGAINST BORROWER FOR ANY PART OR ALL OF THE LIABILITIES DUE AND OWING UNDER THIS NOTE AND THE OTHER LOAN DOCUMENTS, AS HEREIN PROVIDED.

  • Notice of Litigation and Judgments The Borrower will give notice to the Agent in writing within five (5) Business Days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower, any Guarantor or any of their respective Subsidiaries or to which the Borrower, any Guarantor or any of their respective Subsidiaries is or is to become a party involving an uninsured claim against the Borrower, any Guarantor or any of their respective Subsidiaries that could either reasonably be expected to cause a Default or could reasonably be expected to have a Material Adverse Effect and stating the nature and status of such litigation or proceedings. The Borrower will give notice to the Agent, in writing, in form and detail reasonably satisfactory to the Agent and each of the Lenders, within ten (10) days of any judgment not covered by insurance, whether final or otherwise, against the Borrower or any of their respective Subsidiaries in an amount in excess of $10,000,000.00.

  • Litigation and Judgments Except as specifically disclosed in Schedule 6.5 as of the date hereof, there is no action, suit, investigation, or proceeding before or by any Governmental Authority or arbitrator pending, or to the knowledge of Borrower, threatened against or affecting Borrower, any of its Subsidiaries, or any other Obligated Party that could, if adversely determined, result in a Material Adverse Event. There are no outstanding judgments against Borrower, any of its Subsidiaries, or any other Obligated Party.

  • SATISFACTION OF JUDGMENT The obligations of Landlord do not constitute the personal obligations of the individual partners, trustees, directors, officers, members or shareholders of Landlord or its constituent partners or members. Should Tenant recover a money judgment against Landlord, such judgment shall be satisfied only from the interest of Landlord in the Project and out of the rent or other income from such property receivable by Landlord, and no action for any deficiency may be sought or obtained by Tenant.

  • Arbitration Appeal A. If an employee grievance is not resolved at Step 2, the aggrieved employee or the PBA may, within fifteen (15) calendar days after receipt of the Step 2 response, submit a request for arbitration to the Labor Relations Office.

  • Litigation and Unilateral Commencement of Arbitration Notwithstanding the foregoing provisions of this Article VII, (a) a Party may seek preliminary provisional or injunctive judicial relief with respect to a Dispute without first complying with the procedures set forth in Section 7.1, Section 7.2 and Section 7.3 if such action is reasonably necessary to avoid irreparable damage and (b) either Party may initiate arbitration before the expiration of the periods specified in Section 7.2 and Section 7.3 if (i) such Party has submitted a Mediation Request or Arbitration Request, as applicable, and the other party has failed, within the applicable periods set forth in Section 7.3, to agree upon a date for the first mediation session to take place within thirty (30) days after the appointment of such mediator or such longer period as the Parties may agree to in writing or (ii) such Party has failed to comply with Section 7.3 in good faith with respect to commencement and engagement in arbitration. In such event, the other Party may commence and prosecute such arbitration unilaterally in accordance with the CPR Arbitration Procedure.

  • Right to Petition Court In the event that Indemnitee makes a request for payment of Indemnifiable Amounts under Sections 3 and 5 above or a request for an advancement of Indemnifiable Expenses under Sections 8 and 9 above and the Company fails to make such payment or advancement in a timely manner pursuant to the terms of this Agreement, Indemnitee may petition the Court of Chancery to enforce the Company’s obligations under this Agreement.

  • Confirmation of Authority; Execution of Releases Without in any manner limiting Agent’s authority to act without any specific or further authorization or consent by Lenders or Documentation Agent (as set forth in Section 11.1(h)(i) and (ii)), each Lender agrees to confirm in writing, upon request by Agent, the authority to release any property covered by this Agreement or the Loan Documents conferred upon Agent under Section 11.1(h)(ii). So long as no Event of Default exists, upon receipt by Agent of confirmation from the requisite percentage of the Lenders of its authority to release any particular item or types of Property covered by this Agreement or the other Loan Documents, and upon at least five (5) Business Days’ prior written request by Borrower Funds Administrator, Agent shall (and hereby is irrevocably authorized by Lenders to) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of the Lender Parties, herein or pursuant hereto upon such Collateral; provided, however, that (A) Agent shall not be required to execute any such document on terms which, in Agent’s opinion, would expose Agent to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty (other than that such Collateral is free and clear, on the date of such delivery, of any and all Liens arising from such Person’s own acts), and (B) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon (or obligations of the Credit Parties or any Subsidiary of any Credit Party in respect of all interests retained by the Credit Parties or any Subsidiary of any Credit Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the Property covered by this Agreement or the other Loan Documents).

  • Initiation of Appeal Following the entry of the Arbitration Award, either party (the “Appellant”) shall have a period of thirty (30) calendar days in which to notify the other party (the “Appellee”), in writing, that the Appellant elects to appeal (the “Appeal”) the Arbitration Award (such notice, an “Appeal Notice”) to a panel of arbitrators as provided in Paragraph 5.2 below. The date the Appellant delivers an Appeal Notice to the Appellee is referred to herein as the “Appeal Date”. The Appeal Notice must be delivered to the Appellee in accordance with the provisions of Paragraph 4.1 above with respect to delivery of an Arbitration Notice. In addition, together with delivery of the Appeal Notice to the Appellee, the Appellant must also pay for (and provide proof of such payment to the Appellee together with delivery of the Appeal Notice) a bond in the amount of 110% of the sum the Appellant owes to the Appellee as a result of the Arbitration Award the Appellant is appealing. In the event an Appellant delivers an Appeal Notice to the Appellee (together with proof of payment of the applicable bond) in compliance with the provisions of this Paragraph 5.1, the Appeal will occur as a matter of right and, except as specifically set forth herein, will not be further conditioned. In the event a party does not deliver an Appeal Notice (along with proof of payment of the applicable bond) to the other party within the deadline prescribed in this Paragraph 5.1, such party shall lose its right to appeal the Arbitration Award. If no party delivers an Appeal Notice (along with proof of payment of the applicable bond) to the other party within the deadline described in this Paragraph 5.1, the Arbitration Award shall be final. The parties acknowledge and agree that any Appeal shall be deemed part of the parties’ agreement to arbitrate for purposes of these Arbitration Provisions and the Arbitration Act.

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