Stipulation for Entry of Judgment Sample Clauses

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.
Sample 1
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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.
Sample 1
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.
Sample 1
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.
Sample 1
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
Sample 1
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”.
Sample 1
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. 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: 1. On January 10, 1984, plaintiff, New Valley Corporation (then known as The Western Union Telegraph Company), entered into Launch Services Agreement (“LSA”) No. 1266-004 with the United States National Aeronautics and Space Administration to launch two spacecraft. 2. One spacecraft was launched prior to the loss of the space shuttle Challenger on January 28, 1986, and a second spacecraft was not launched. 3. On October 28, 1994, New Valley filed this suit seeking damages for breach of contract and for a taking of property without just compensation. 4. New Valley LLC is the successor-in-interest to the plaintiff, New Valley Corporation, as a result of a corporate reorganization. 5. New Valley has offered to settle all of its claims in this case in exchange for payment by the United States of $20,000,000, inclusive of interest, with each party to bear its own costs, expenses, and attorney fees. 6. New Valley’s offer has been accepted on behalf of the Attorney General. 7. The United States consents to entry of judgment against the United States in favor of New Valley as set out in paragraph 5. 8. Upon entry of judgment, New Valley releases, waives, and abandons all claims against the United States, its political subdivisions, its officers, agents, and employees, arising out of or related to the LSA or otherwise involved in this case, regardless of whether they were included in the complaint, including, but not limited to, all claims for costs, expenses, attorney fees, and damages of any sort. 9. Upon receipt of judgment, defendant will promptly certify the judgment for payment. Payment is to be made by electronic funds transfer, as follows: Payee Account Name: [Redacted] ABA Routing Number [Redacted] Payee Account Number: [Redacted] Financial Institution Name: [Redacted] Taxpayer Identification Number: [Redacted] 10. This stipulation is in no way related to or concerned with income or other taxes for which New Valley is now liable or may become liable in the future as a result of this stipulation or as a result of entry of a final judgment. 11. New Valley warrants and represents that no other action or suit with respect to the claims advanced in this suit is pending or will be filed in or submitted to any other court, administrative a...
Sample 1
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. (b) Concurrently with the execution of this Settlement Agreement, the Parties will execute the Stipulation For Entry Of Judgment With Stay Of Entry And Execution Of Judgment (the "Stipulation") in the form attached hereto as Exhibit B. As part of the Stipulation, the Parties agree that, should Hythiam commit an Event of Default, (i) Hythiam shall be required to pay immediately that portion of the Claimed Amount that it has not already paid (in addition to any attorney fees and costs owed under Paragraph 7(f)), and (ii) Lincoln may file the Stipulation and enter and execute upon the Stipulated Judgment ("Judgment") in its favor and against Hythiam in the form attached hereto as Exhibit C. (c) Lincoln agrees that it will not file the Stipulation and seek entry of the Judgment unless and until Hythiam has committed an Event of Default. Hythiam agrees that, should it commit an Event of Default, Lincoln may make an ex parte application to the Court to file the Stipulation and seek to enter and execute upon the Judgment. Lincoln shall give Hythiam notice by giving notice to Xxxxxxx Xxxxxxxx (or the then-acting president of Hythiam), Hythiam, Inc., 00000 Xxxxx Xxxxxx Xxxx., Suite 1500, Los Angeles, CA 90025, email address: xxxxxxxxx@xxxxxxx.xxx , telephone number 000-000-0000, under California Rule of Court 3.1203. Hythiam agrees that notice may be given by Lincoln's attorney directly to Hythiam (as opposed to its attorney). Lincoln agrees that, if, by the close of the following business day (e.g., June 2 if notice was given on June 1, 2010), Hythiam has shown Lincoln in writing that any Event of Default has been cured, Lincoln will not proceed with an ex parte application for that particular Event of Default. Hythiam agrees that to have the Judgment entered and writ of execution issued, it shall be sufficient for Lincoln to file this Stipulation along with a declaration accounting for any and all payments that have been already been made by Hythiam under the Settlement Agreement and stating the precise portion of the Claimed Amount that Hythiam has not yet been paid. Hythiam hereby waives any and all defenses that it may have to entry of Judgment other than actual, timely and complete compliance with the obligations imposed by Paragraph 3. (d) Within five (5) days after...
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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, and ---------------------------------- will cause each of its Subsidiaries to, give notice to the Agent and each of the Banks in writing within fifteen (15) days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower or any of its Subsidiaries or to which the Borrower or any of its Subsidiaries is or becomes a party involving an uninsured claim against the Borrower or any of its Subsidiaries that could reasonably be expected to have a materially adverse effect on the Borrower or any of its Subsidiaries and stating the nature and status of such litigation or proceedings. The Borrower will, and will cause each of its Subsidiaries to, give notice to the Agent and each of the Banks, in writing, in form and detail satisfactory to the Agent, within ten (10) days of any judgment not covered by insurance, final or otherwise, against the Borrower or any of its Subsidiaries in an amount in excess of $1,000,000.

  • Dismissal with Prejudice The Class Action and all Released Claims shall be dismissed with prejudice.

  • 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.

  • Stipulation The undersigned stipulates and agrees to the above findings fact and conclusions of law and waives its rights to administrative hearing and judicial review of the Commissioner’s Order.

  • 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. B. In non-disciplinary grievances, either the PBA or the Employer may request to take the issue or grievance directly to arbitration by submitting the request for arbitration to the Labor Relations Office. C. If the parties fail to mutually agree upon an arbitrator within five (5) calendar days after the date of receipt of the arbitration request, a list of seven (7) qualified neutrals shall be requested and paid for by the moving party from the Federal Mediation and Conciliation Service (FMCS). Within fifteen (15) calendar days after receipt of the list, the parties shall meet and alternately strike names on the list, and the remaining name shall be the arbitrator. A coin shall be tossed to determine who shall strike first. Each party has the right to reject one list. The party rejecting the list shall be responsible for paying for and obtaining the next list and the above described procedures will be followed for selection from the list. If the selected arbitrator is not available for a hearing within ninety (90) days of the date the arbitrator was selected, another list may be requested by the Labor Relations Office, which will pay the fee for that particular list. If the grievant is not represented by the Union, the list of arbitrators shall be requested from the American Arbitration Association with the moving party paying whatever fees may be charged. Once a list has been obtained, the procedures detailed above shall be used for selecting an arbitrator. D. The hearing on the grievance shall be informal and the rules of evidence shall not apply; however, to assure an orderly hearing, the rules of judicial procedure should be followed as closely as possible.

  • 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.

  • 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.

  • Waiver of Right to Appeal Provided the Judgment is consistent with the terms and conditions of this Agreement, specifically including the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment reflected set forth in this Settlement, the Parties, their respective counsel, and all Participating Class Members who did not object to the Settlement as provided in this Agreement, waive all rights to appeal from the Judgment, including all rights to post-judgment and appellate proceedings, the right to file motions to vacate judgment, motions for new trial, extraordinary writs, and appeals. The waiver of appeal does not include any waiver of the right to oppose such motions, writs or appeals. If an objector appeals the Judgment, the Parties’ obligations to perform under this Agreement will be suspended until such time as the appeal is finally resolved and the Judgment becomes final, except as to matters that do not affect the amount of the Net Settlement Amount.

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