Stipulation of Settlement. The Parties will attempt in good faith and use their best efforts to agree upon and execute no later than 30 days from the date hereof, an appropriate Stipulation of Settlement (the “Stipulation”) pursuant to Maryland Rule 2-231(b)(1) and/or (2) and such other documentation as may be required in order to obtain Final Court Approval (as defined below) of the Settlement and the dismissal of all claims asserted by, or that could have been asserted by, the Class arising out of the Tender Offer, as amended, including the Disclosure Materials and the Subsequent Disclosure Materials, upon the terms set forth in this Amended MOU (collectively, the “Settlement Documents”). The Stipulation will expressly provide, inter alia, (i) for certification, for settlement purposes, of a Class of all holders of Common Shares and Exchangeable Preference Shares and their successors in interest and transferees, intermediate and remote (the “Settlement Class”) under the captions of both the Rice Consolidated Class Action and the Sxxxxxxx Class Action; (ii) for entry of a judgment dismissing the Rice Consolidated Class Action and the Sxxxxxxx Class Action with prejudice and without costs to any party except as expressly provided herein; (iii) for a complete release of all claims (excluding claims for enforcement of the Settlement), whether asserted directly or indirectly, derivatively or otherwise, against any of the Defendants, Lafarge Canada, or Efalar Canada, or any of their affiliates, subsidiaries, predecessors, successors or assigns, and each and all of their respective past or present officers, directors, associates, stockholders, members, controlling persons, representatives, employees, attorneys, counselors, financial or investment advisers, consultants, accountants, investment bankers, commercial bankers, engineers, advisers or agents, heirs, executors, trustees, general or limited partners or partnerships, personal representatives, estates or administrators of any of the foregoing (collectively, the “Releasees”), whether known or unknown and whether arising under federal, state or any other law (including, without limitation, the federal securities laws), which have been, or could have been, asserted, directly or indirectly, derivatively or otherwise, against any of the Releasees by any member of the Settlement Class relating to the Settlement, the Tender Offer, the Revised Tender Offer, or the related Disclosure Materials and the Subsequent Disclosure Materials (the “Se...
Stipulation of Settlement. This Settlement Agreement, dated April 23, 2018, is made and entered into pursuant to Rule 23 of the Federal Rules of Civil Procedure and contains the terms of a settlement entered into by and among the Plaintiffs, on behalf of themselves and members of the Plaintiff Class, and Defendant, through their respective counsel in the above captioned action (collectively, “the Parties”).
Stipulation of Settlement. The execution and performance by the Company and the Subsidiary Guarantors of their obligations under the Stipulation of Settlement shall not constitute a Default or Event of Default hereunder.
Stipulation of Settlement. This Stipulation of Settlement (the “Settlement Agreement”) constitutes an agreement between (i) the Representative Plaintiffs and the other members of the Class, and (ii) defendant Xxxxxx Xxxxxx Associates, L.P. (“Xxxxxx Xxxxxx”), each by and through his, her, their, or its undersigned attorneys. Capitalized terms used in this Settlement Agreement shall have the meaning ascribed to them in Section I.F of this Agreement or, if not defined therein, elsewhere in this Agreement.
Stipulation of Settlement x This Stipulation of Settlement dated as of September 6, 2024 (the “Stipulation”), is made and entered into by and among the following Settling Parties to the above-entitled Litigation: (i) lead plaintiff Public Employees’ Retirement System of Mississippi (“Lead Plaintiff”), on behalf of itself and each of the Settlement Class Members, by and through its counsel of record in the Litigation; and (ii) defendants Cerence Inc. (“Cerence”), Xxxxxx Xxxxxx, and Xxxx X. Xxxxxxxxxxxx (collectively, “Defendants”), by and through their counsel of record in the Litigation. Subject to the approval of the Court, the Stipulation is intended by the Settling Parties to fully, finally, and forever resolve, discharge, and settle the Litigation and the Released Claims, upon and subject to the terms and conditions hereof.
Stipulation of Settlement. A Marital Settlement Agreement is a contract that resolves all property division, support and other economic is with the dissolution of a marriage. If the parties can agree on how to distribute their property and debt, a Ma Agreement can be created to settle economic claims.
Stipulation of Settlement. By and through their undersigned counsel, the parties hereto stipulate and agree that all claims and counterclaims by each of them against any or all of the others of them herein are hereby settled and dismissed with prejudice, each party to bear its own costs.
Stipulation of Settlement. As soon as practicable after the execution of this Memorandum and the satisfactory completion of Additional Discovery (defined below), the Parties agree to seek to negotiate in good faith and execute an appropriate Stipulation of Settlement (the “Stipulation”) and will present to the Court the Stipulation and such other documentation as may be necessary to obtain the Court’s Final Approval of the Settlement.
Stipulation of Settlement. By and through their undersigned counsel, the parties hereto stipulate and agree that all claims and counterclaims by each of them against any or all of the others of them herein are hereby settled and dismissed with prejudice, each party to bear its own costs. Respectfully submitted, -------------------------------------- Franxxx Xxxxxxxx Xxxxx (#0018631) SQUIRE, SANDXXX & XEMPXXX 4900 Xxxxxxx Xxxxxx, 000 Xxxxxx Xxxxxx Xxxxxxxxx, Xxxx 00000-0000 (216/479-8500) Attorney for Plaintiff and Counterclaim Defendants First Union Real Estate Equity and Mortgage Investments and J. C. Xxxxxxxxxx EXHIBIT 1 -------------------------------- Bryox X. Xxxxxx (#00031431) KOHRXXX, XXCKXXX & XRANXX One Xxxxxxxxx Xxxxxx, 00xx Xx. Xxxxxxxxx, Xxxx 00000 (216) 000-0000 Attorney for Defendants Richxxx X. Xxxxxxx xxx Turkey Vulture Fund XIII, Ltd. IT IS SO ORDERED. DATE: -------------------- -------------------------------------------- UNITED STATES DISTRICT COURT JUDGE IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO
Stipulation of Settlement. Contingent upon the completion of confirmatory discovery, and unless Plaintiffs provide Defendants with a Termination Notice, the Parties shall attempt in good faith and use their best efforts to:
(a) negotiate and execute an appropriate Stipulation of Settlement (the “Stipulation”) and such other documentation (the “Settlement Documents”) as may be required to obtain the approval of the Settlement by the Court;
(b) present the Settlement Documents to the Court as soon as practicable following execution of the Stipulation; and
(c) obtain final approval of the Settlement, including entry of a final order and judgment (a “Final Order and Judgment”) in the Court, (i) approving the Settlement, (ii) dismissing the Action on the merits with prejudice as to all claims asserted or which could have been asserted in any of the Actions and without costs to any Party (other than as expressly provided herein), and (iii) providing for the releases set forth in paragraph 9 of this MOU. If the Parties are unable to reach agreement with respect to the Stipulation, then any of the Parties to this MOU have the right to enforce the terms of this MOU.
