With the Class Plaintiffs and Private Parties Sample Clauses

With the Class Plaintiffs and Private Parties. Each of the El Paso Settling Parties covenants that it will fully cooperate with ongoing investigations and discovery in the Civil Actions and Class Actions by the Class Plaintiffs and Private Parties. As part of their ongoing cooperation obligations, the El Paso Settling Parties shall make witnesses over whom they have the legal authority to direct or compel attendance available for depositions by the Class Plaintiffs and Private Parties, and shall use their best efforts in good faith to make their former employees available for depositions by the Class Plaintiffs and Private Parties, at mutually convenient times and locations and shall complete their responses to existing document requests. The depositions and document productions shall be subject to the existing and future confidentiality agreements and protective orders between the El Paso Settling Parties and the Class Plaintiffs and Private Parties. The El Paso Settling Parties shall respond to existing and future discovery in the Civil Actions and Class Action with all the rights and obligations as if they were parties to those Actions. It is specifically understood, acknowledged and agreed on by the El Paso Settling Parties, Class Plaintiffs and the Private Parties that the rule of Dart Industries Co. v.
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With the Class Plaintiffs and Private Parties. Each of the El Paso Settling Parties covenants that it will fully cooperate with ongoing investigations and discovery in the Civil Actions and Class Actions by the Class Plaintiffs and Private Parties. As part of their ongoing cooperation obligations, the El Paso Settling Parties shall make witnesses over whom they have the legal authority to direct or compel attendance available for depositions by the Class Plaintiffs and Private Parties, and shall use their best efforts in good faith to make their former employees available for depositions by the Class Plaintiffs and Private Parties, at mutually convenient times and locations and shall complete their responses to existing document requests. The depositions and document productions shall be subject to the existing and future confidentiality agreements and protective orders between the El Paso Settling Parties and the Class Plaintiffs and Private Parties. The El Paso Settling Parties shall respond to existing and future discovery in the Civil Actions and Class Action with all the rights and obligations as if they were parties to those Actions. It is specifically understood, acknowledged and agreed on by the El Paso Settling Parties, Class Plaintiffs and the Private Parties that the rule of Dart Industries Co. v. Westwood Chemical Co., 649 F.2d 646 (9th Cir. 1980), and any similar rule, insofar as it might deny, limit or restrict a plaintiff's request to engage in discovery against a defendant following a release of that defendant, is inapplicable with respect to this Agreement and is not intended by the parties hereto to be the result of entry into this Agreement, release, or any accompanying agreement, dismissal or judgment, as grounds, either in whole or in part, for objecting to any present or future discovery that Class Plaintiffs or the Private Parties have or may have against the El Paso Settling Parties.
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Related to With the Class Plaintiffs and Private Parties

  • Trustee Dealings with the Company Subject to certain limitations set forth in the Indenture, the Trustee under the Indenture, in its individual or any other capacity, may become the owner or pledgee of Notes and may otherwise deal with and collect obligations owed to it by the Company or its Affiliates and may otherwise deal with the Company or its Affiliates with the same rights it would have if it were not Trustee.

  • Relationships with the Company Except as set forth below, neither the undersigned nor any of its affiliates, officers, directors or principal equity holders (owners of 5% of more of the equity securities of the undersigned) has held any position or office or has had any other material relationship with the Company (or its predecessors or affiliates) during the past three years. State any exceptions here: The undersigned agrees to promptly notify the Company of any inaccuracies or changes in the information provided herein that may occur subsequent to the date hereof at any time while the Registration Statement remains effective. By signing below, the undersigned consents to the disclosure of the information contained herein in its answers to Items 1 through 5 and the inclusion of such information in the Registration Statement and the related prospectus and any amendments or supplements thereto. The undersigned understands that such information will be relied upon by the Company in connection with the preparation or amendment of the Registration Statement and the related prospectus.

  • FREEDOM TO DEAL WITH THIRD PARTIES The Adviser shall be free to render services to others similar to those rendered under this Agreement or of a different nature except as such services may conflict with the services to be rendered or the duties to be assumed hereunder.

  • Service with the Company During the Term of this Agreement, Executive agrees to perform such executive employment duties as the Board or the President shall reasonably assign to him from time to time.

  • Relationship with the Lenders (a) The Agent may treat each Lender as a Lender, entitled to payments under this Agreement and acting through its Facility Office unless it has received not less than five Business Days prior notice from that Lender to the contrary in accordance with the terms of this Agreement.

  • Certain Business Relationships with the Company Except as set forth in Section 4.20 of the Disclosure Schedule, neither the Seller, nor any Affiliate of the Seller, has been involved in any business arrangement or relationship with the Company within the past 12 months, and neither the Seller, nor any Affiliate of the Seller, owns any asset, tangible or intangible, which is used in the Business.

  • Business with the Group The Agent and the Arranger may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of the Group.

  • Competition with the Company Until termination of his employment and for a period of one year commencing on the date of termination, the Executive (individually or in association with, or as a shareholder, director, officer, consultant, employee, partner, joint venturer, member, or otherwise, of or through any person, firm, corporation, partnership, association or other entity) shall not, directly or indirectly, compete with the Company (which for the purpose of this Agreement also includes any of its subsidiaries or affiliates) by acting as an officer (or comparable position) of, owning an interest in, or providing services to any entity within any metropolitan area in the United States or other country in which the Company was actually engaged in business as of the time of termination of employment or where the Company reasonably expected to engage in business within three months of the date of termination of employment. For purposes of this Agreement, the term “compete with the Company” shall refer to any business activity in which the Company was engaged as of the termination of the Executive’s employment or reasonably expected to engage in within three months of termination of employment; provided, however, the foregoing shall not prevent the Executive from (i) accepting employment with an enterprise engaged in two or more lines of business, one of which is the same or similar to the Company’s business (the “Prohibited Business”) if the Executive’s employment is totally unrelated to the Prohibited Business, (ii) competing in a country where as of the time of the alleged violation the Company has ceased engaging in business, or (iii) competing in a line of business which as of the time of the alleged violation the Company has either ceased engaging in or publicly announced or disclosed that it intends to cease engaging in; provided, further, the foregoing shall not prohibit the Executive from owning up to five percent of the securities of any publicly-traded enterprise provided as long as the Executive is not a director, officer, consultant, employee, partner, joint venturer, manager, or member of, or to such enterprise, or otherwise compensated for services rendered thereby.

  • Cooperation with the Company The Executive agrees [a] to be reasonably available to answer questions for the Group’s (and any Group Member’s) officers regarding any matter, project, initiative or effort for which the Executive was responsible while employed by any Group Member and [b] to cooperate with the Group (and with each Group Member) during the course of all third-party proceedings arising out of the Group’s (and any Group Member’s) business about which the Executive has knowledge or information. For purposes of this Agreement, [c] “proceedings” includes internal investigations, administrative investigations or proceedings and lawsuits (including pre-trial discovery and trial testimony) and [d] “cooperation” includes [i] the Executive’s being reasonably available for interviews, meetings, depositions, hearings and/or trials without the need for subpoena or assurances by the Group (or any Group Member), [ii] providing any and all documents in the Executive’s possession that relate to the proceeding, and [iii] providing assistance in locating any and all relevant notes and/or documents.

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