Voluntary Dismissal Sample Clauses

Voluntary Dismissal. Within two (2) business days after the United States Attorney’s Office confirms receipt of payment by Defendants of the full Settlement Amount, and in consideration of such payment, the Parties shall execute and file in the District Court for the Eastern District of New York a Stipulation of Voluntary Dismissal with Prejudice, in the form attached hereto as Exhibit A, which shall dismiss with prejudice all claims in this Action in their entirety against Defendants. However, the Stipulation and Protective Order entered by the Court on November 13, 2017 (ECF No. 105), as supplemented by the Rule 29 Stipulation the Parties entered on January 18, 2018, shall survive the dismissal of this Action to the extent necessary to govern the return or destruction of documents that the Parties or any non-Parties have designated as Confidential FIRREA Material or Confidential Information, and the Parties shall cooperate with each other to effectuate the terms of those Stipulations.
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Voluntary Dismissal. Promptly after entering this Settlement Agreement, Plaintiffs will file appropriate motions or notices to voluntarily dismiss their appeal and the underlying case with prejudice as to all Defendants and without costs or attorney fees assessed to any party.
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Voluntary Dismissal. No later than three (3) business days after the execution and delivery of this Agreement by each of the Parties hereto, each of AHP and Ashford Inc. shall file executed Stipulations of Voluntary Dismissal with Prejudice with the United States District Court for the Northern District of Texas, and AHP and Xxxxx shall cause Xxxxx X. Xxxxxxx, Xxxx Xxxxx and Xxxxxx Xxxx to file a Joint Motion to Dismiss with Prejudice with the 000xx Xxxxxxxx Xxxxx in Xxxxxxxxx County, Texas (together, the “Dismissal Filings”), the forms of which are attached hereto as Exhibit C. The Parties hereto agree to make, and to cause their Affiliates to make, any and all other filings required in connection with this Agreement, the terms hereof and the settlement and dismissal of the Litigation as contemplated by this Agreement promptly following the execution and delivery of this Agreement.
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Voluntary Dismissal. Within five (5) business days after receipt of the Direct Payments set forth in sections 1 and 2, counsel for the BOE shall file with the BTA a Notice of Voluntary Dismissal of the Appeal.
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Voluntary Dismissal. Within three days after the date of this Agreement, pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiffs will file in the Litigation a motion for voluntary dismissal with prejudice of all claims they asserted against any party to the Litigation. It is the intent of the Parties—and Plaintiffs’ motion will request—that the Court not retain continuing jurisdiction to enforce this Agreement, or for any other purpose. If Plaintiffs do not strictly comply with this paragraph 7, then this Agreement is of no force or effect.
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Voluntary Dismissal. Within fourteen (14) days of New Albany complying with Paragraphs 15–16 and the United States receiving the notification as required by Paragraph 17, the Parties shall jointly move the Court for dismissal of the underlying Civil Action, subject to the reinstatement as set forth in Paragraph 24.
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Voluntary Dismissal. Either the Company or the Executive may terminate Executive's employment by providing six (6) months prior written notice to the other party at any time after January 31, 2002; provided, however, that the Company may relieve the Executive of his duties during such six-month period and such action shall not constitute Good Reason. A Notice of Termination provided during the Agreement Term by the Company to the Executive pursuant to this Section 4.1 shall be treated, solely for purposes of this Agreement, as a termination by the Company without Cause as of the Termination Date set forth in such notice, except in the case of a Termination Date of January 31,
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Voluntary Dismissal. GigCapital5 will file with the Court of Chancery of the State of Delaware, the Notice of Voluntary Dismissal Without Prejudice attached hereto as Exhibit C, to voluntarily dismiss without prejudice the lawsuit captioned GigCapital5, Inc. v. QT Imaging, Inc. and Xxxx X. Xxxxx, Xx. and Xxxxxxx X. Xxxxx Trust Dated 7/27/07, C.A. No. 2023-0911-LWW (the “Lawsuit”).
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Related to Voluntary Dismissal

  • Voluntary Demotion An employee requesting a voluntary demotion from a higher-rated position and who is subsequently demoted to the lower-rated position, shall be paid on the increment step appropriate to the employee’s continuous service with the Employer. A voluntary demotion shall not change an employee’s anniversary date.

  • Early Dismissal DTU representatives and/or elective officers shall be permitted to leave the work location at 4:15 p.m., if assigned to administrative buildings, and at the time students are dismissed, if assigned to a school center, in order to attend DTU meetings. Those leaving to attend such meetings must advise the administrator in charge reasonably in advance of such meetings.

  • Voluntary Layoff Appointing authorities will allow an employee in the same job classification and department where layoffs will occur to volunteer to be laid off provided that the employee is in a position requiring the same skills and abilities, as a position subject to layoff. Any volunteer for layoff shall have no formal layoff option. If the appointing authority accepts the employee’s voluntary request for layoff, the employee will submit a non-revocable letter stating they are accepting a voluntary layoff from the University. The employee will be placed on all applicable rehire lists.

  • Involuntary Demotion An employee assigned to a lower rated position shall continue to be paid at the employee's current rate of pay until the rate of pay in the new position equals or exceeds it.

  • Summary Dismissal The employer has the right to dismiss any employee without notice for serious misconduct and in such cases any entitlements under this award are to be paid up to the time of dismissal only.

  • Dismissal The School shall not dismiss or transfer a student involuntarily, unless the dismissal or transfer is accomplished through procedures established by the School that are in compliance with applicable laws and due process requirements, provided that any dismissal of a student with a disability shall comply with the requirements of Ch. 8-60, HAR.

  • Voluntary Redundancy a) With the exception of areas where there is only one position under review, the employer will call for expressions of interest from kaimahi within the area of review who wish to volunteer for redundancy to cover the surplus/es positions that have been identified. b) Should the number of volunteers exceed the number of surpluses, the employer will apply selection criteria as defined in clause 12.7 to determine whose application for redundancy will be accepted. c) Should the number of volunteers not exceed the number of identified surpluses, the employer will accept all expressions of interest from those who have volunteered subject to the operational requirements of the employer. d) Should there be no volunteers or insufficient volunteers to discharge the surplus, the employer shall then apply the criteria set out in clause 11.7 to identify the kaimahi to be declared surplus.

  • Voluntary Termination or Reduction The Borrower may at any time terminate, or from time to time reduce, the Commitments; provided that (i) each reduction of the Commitments pursuant to this Section 2.06(b) shall be in an amount that is $5,000,000 or a larger multiple of $1,000,000 in excess thereof and (ii) the Borrower shall not terminate or reduce the Commitments if, after giving effect to any concurrent prepayment of the Loans in accordance with Section 2.08, the total Revolving Credit Exposures would exceed the total Commitments.

  • Dismissal for Cause The following procedures shall apply in all cases of dismissal for cause: 19.3.1 The employment of an academic staff member may be terminated by reason of professional misconduct, wilful neglect of duties, or incompetence as demonstrated by annual review reports. 19.3.2 Except in the case of professional misconduct, due warning in writing shall be given by the Xxxx to the academic staff member pointing out the gravity of the situation and the possibility of termination if the problem is not corrected. In cases where no action is taken subsequent to the written warning and where no further warnings have been issued during three years, the Xxxx shall, upon request of the member, add a written note to the member's official file reflecting the member's current status in relation to the original letter of warning. Any written warning or response pertaining to this clause which is more than three years old, providing there have been no intervening written warnings of any kind, shall be removed from the official file. Notwithstanding the above, upon request by a member to the Xxxx, such material may be removed before the three-year period expires. 19.3.3 When it is to be recommended that an academic staff member be dismissed for cause, the member personally shall be given notice in writing, at a meeting where a Faculty Association representative is present, that seven days from the date of the notice, the Xxxx shall formally recommend to the President that the member be dismissed. In the event that it is not possible to personally present the member with the notice the Xxxx shall forward the notice by registered mail, airmail if appropriate, to the last known address of the member. Such mailed notice shall provide for a period of fourteen calendar days from the date the notice is sent until the formal recommendation to the President. A copy of the mailed notice shall be sent to the Faculty Association. When it is unlikely that the academic staff member will receive the mailed notice within fourteen days, the Faculty Association may request an extension of seven days to the notice period. The notice to the member shall contain a complete statement of the grounds for the recommendation to dismiss. From the date the notice is given, the member may be relieved of all duties by the Xxxx. 19.3.4 If the academic staff member or the Faculty Association requests it, the President shall convene a meeting during the notice period specified in 19.3.3 attended by the member (if available), the Xxxx, the department head (if applicable) and a representative of the Faculty Association to hear whatever representation any of the parties wishes to make concerning the intended dismissal. The meeting shall be without prejudice to the interest of any person attending, or to the formal grievance process. 19.3.5 At the end of the notice period, the Xxxx shall either: (a) inform the academic staff member in writing with a copy to the Faculty Association that the action is discontinued OR (b) formally recommend in writing to the President, with a copy to the academic staff member and to the Faculty Association, that the member be dismissed. 19.3.6 Upon receipt of a formal recommendation from a Xxxx to dismiss an academic staff member, the President shall, within seven calendar days of the date of the recommendation, inform the member in writing, with a copy to the Faculty Association, either that the action is discontinued or that the dismissal action is proceeding. 19.3.7 In the case of dismissal for reasons other than professional misconduct and unauthorized absence from campus, from the date of the President's letter the academic staff member is suspended with pay for twenty-one days. In cases of dismissal for professional misconduct or unauthorized absence from campus, the member may be suspended without pay for twenty-one days from the date of the President's letter. At any time during a suspension the member may be relieved of all duties. If the academic staff member or the Faculty Association does not enter a grievance within the twenty-one day period, the member's employment is terminated at the end of the period. If a grievance is entered, the member remains suspended (continuing with pay or without pay as the case may be) until the resolution of the grievance. If the grievance is not upheld the member's employment is terminated. As provided in Article 22.2, while on suspension the member's non- salary benefits are not to be withheld. If the member is suspended with pay, the member is responsible for the normal share of benefit costs. If the suspension is without pay the University shall assume payment of all costs, but if salary is subsequently restored the member shall be charged the normal share of costs from the effective date of salary restoration. 19.3.8 All correspondence to the academic staff member required by this clause shall be delivered directly to the member where convenient, and in other cases forwarded by registered mail, airmail if appropriate, to the last known address of the member. The copies for the Faculty Association shall be delivered to the Chair or, in the Chair's absence, to an officer of the Faculty Association. 19.3.9 Failure to act within the time limits set out above shall constitute waiver of rights except where a party, acting in good faith, clearly was unable to do so. The onus is on the party violating the time limits to show cause why it was unable to act prior to the time that the action is now taken.

  • Voluntary Reduction The Borrower shall have the right at any time and from time to time, upon at least five (5) Business Days prior written notice to the Administrative Agent, to permanently reduce, without premium or penalty, (i) the entire Revolving Credit Commitment at any time or (ii) portions of the Revolving Credit Commitment, from time to time, in an aggregate principal amount not less than $3,000,000 or any whole multiple of $1,000,000 in excess thereof. Any reduction of the Revolving Credit Commitment shall be applied to the Revolving Credit Commitment of each Revolving Credit Lender according to its Revolving Credit Commitment Percentage. All Commitment Fees accrued until the effective date of any termination of the Revolving Credit Commitment shall be paid on the effective date of such termination.

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