Termination of Litigation. The parties hereto shall immediately dismiss, with each party bearing its own costs and litigation expenses, all proceedings pending between themselves and their affiliates, including without limitation KCPL v. Western Resources, Inc. et al., Civ. Action No. 96-552-CV-W-5 (W.D. Mo.), and each shall thereafter sign and deliver such further instruments as may be necessary in connection with such dismissals.
Termination of Litigation. The Parties agree that upon the Effective Date, the Litigation shall be deemed terminated in accordance with the Order of Final Approval.
Termination of Litigation. The parties hereto shall immediately dismiss, with each party bearing its own costs and litigation expenses, all proceedings pending between themselves and their affiliates and each shall thereafter sign and deliver such further papers as may be necessary in connection with such dismissals.
Termination of Litigation. 37 7.11. Notification of Certain Matters . . . . . . . . . . . . 38 ARTICLE VIII
Termination of Litigation. By and through entry of the Stipulated Injunction, the Parties agree that this Agreement and entry of the Stipulated Injunction shall constitute a voluntary dismissal of the Shasta and Federal Actions, except as to: (a) the enforcement of any obligations created under this Agreement or the Stipulated Injunction; (b) any reconsideration or appellate review of the Court’s action taken upon or in relation to the Stipulated Injunction.
Termination of Litigation. Nak’azdli will, within thirty (30) days of the Effective Date of the Agreement, fully and finally terminate all litigation related to the Project including each of the following matters by filing a consent dismissal order (or its equivalent) with the Court or Tribunal Registry:
a. Xxxx Xxx on his own behalf and on behalf of the Nak’azdli First Nation, the Nak’azdli Band, and all the members of the Nak’azdli First Nation and the Nak’azdli Band v. Her Majesty the Queen in Right of Canada, as represented by the Minister of Industry, Industry Canada and the Attorney General of Canada, Xxxxxxx Xxxxx Xxxx Xx. X-0000-00;
b. Xxxx Xxx on his own behalf and on behalf of all the members of the Nak’azdli First Nation and the Nak’azdli First Nation v. Her Majesty the Queen in right of Canada, as represented by the Minister of Fisheries and Oceans and the Minister of Natural Resources Canada, the Canadian Environmental Assessment Agency, the Attorney General of Canada, and Terrane Metals Corporation, Federal Court File No. T-23-10; and
Termination of Litigation. 2.1 The Parties stipulate to the dismissal of all claims and counterclaims in the New Jersey Litigation without prejudice, with each Party to bear its own fees and costs.
2.2 Within three (3) business days of the Effective Date, Plaintiffs shall file stipulations of dismissal in the form attached as Exhibit A, so that the New Jersey Litigation is dismissed without prejudice in accordance with Federal Rule of Civil Procedure 41(a)(1).
2.3 [*] agrees to [*] after the date of this Agreement [*] with respect to [*]. [*] will [*], including [*]. [*] under this provision will [*] under the terms of the [*]
Termination of Litigation a. MGP will take all actions necessary to cause its appeal to the Kansas Court of Appeals to be dismissed and jointly seek with the Cray Group an order from Judge Xxxxxx approving the reconvening of the Annual Meeting and use of the existing record date set forth in Section 5.
b. The Parties hereto will take all actions necessary to cause the dismissal of any litigation brought by such Party pending between the Parties, including any case pending in the Xxxxxxxx County District Court (for instance, litigation related to the Special Committee).
c. MGP will take all actions necessary to cause The Xxxxxxx County litigation to be dismissed with prejudice, and MGP agrees not to bring similar litigation in the future.
Termination of Litigation. Effective on or prior to the Closing Date, all actions and proceedings of any kind between the parties or involving the parties and their counsel, civil, commercial and criminal, in New York and Mexico shall be terminated as follows:
Termination of Litigation. 2.1 The Parties stipulate to the dismissal of all claims and counterclaims in the New Jersey Litigation without prejudice, with each Party to bear its own fees and costs.
2.2 Within three (3) business days of the Effective Date, Plaintiffs shall file stipulations of dismissal in the form attached as Exhibit A, so that the New Jersey Litigation is dismissed without prejudice in accordance with Federal Rule of Civil Procedure 41(a)(1).
2.3 [*] [*] = 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.
