Xxxxxxx Litigation. Xxxxx X. Xxxxxxx. v. Nami Resources Company, LLC. U.S. District Court, Eastern District of Kentucky, London Division; Case No. 6-04-CV-510-KKC. Xx. Xxxxxxx was an investor in two well-drilling programs conducted in 1999 and in 2000. Xx. Xxxxxxx invested approximately $1,600,000.00 in certain xxxxx that were part of the 1999 drilling program. Xx. Xxxxxxx has asserted that he has not been provided accurate or sufficient information with regard to his investment in the drilling program, and that he has not been compensated properly. He has sought compensatory and punitive damages. NRC has absolutely denied those contentions, and it has asserted a counterclaim against the Plaintiff, inter alia, to recover certain production costs not paid by the Plaintiff. NRC has also asserted that all of the parties’ claims should be submitted to arbitration pursuant to the terms of their agreements. The trial set in this matter for November 14, 2006 was continued on the Court’s own motion, and it has not been reset. A telephonic pre-trial conference was held on January 3, 2007, at which time the Court set deadlines for the completion of the briefing of the parties’ cross-motions for summary judgment.
Xxxxxxx Litigation. During the term of this Letter Agreement, neither Taurus nor Fairstar shall actively prosecute or defend the Xxxxxxx litigation (S.C.: 000-00-000000-000) (except for filings which are legally mandatory) and neither of them shall require strict compliance of the other with respect to the time requirements for any civil procedure matters. The obligation of mutual disclosure and access to records hereunder shall not extend to require either Taurus or Fairstar to disclose anything to any other Company in connection with the Xxxxxxx litigation which is subject to privilege or not otherwise discoverable.
Xxxxxxx Litigation. You have commenced a lawsuit entitled Lori Liddle, Dina Alhadeff and Amy Grealish vs. Celebrate Express, Inx., x Xxxxxngxxx Xxxxxxxxxon, axx Xxxxxxx X. Jewell and Jan Jewell, husband and wife and the marital coxxxxxxx xxxxxxxx therexx, xx xxx Superior Court of Washington for King County ("Litigation"). You agree never to file this Litigation and if previously filed, to dismiss the Litigation with prejudice simultaneous with your execution of this Agreement.
Xxxxxxx Litigation. Notwithstanding anything to the contrary provided herein:
(a) With respect to the Xxxxxxx Litigation, the Sellers Representative shall have the exclusive right to manage, direct and control such litigation at the sole cost and expense of the Sellers, including the selection of lead counsel and any settlement, compromise or discharge thereof, except that the Sellers Representative shall not have the right, without the express written consent of Parent, which consent shall not be unreasonably withheld, conditioned or delayed, to settle or compromise the Xxxxxxx Litigation if such settlement or compromise (A) does not provide for a full release of the Company (or the Surviving Corporation, if after the Closing Date) in connection with the Xxxxxxx Litigation, or (B) imposes any liability or obligation on the Company (or the Surviving Corporation, if after the Closing Date) other than the payment of money damages that is fully indemnified hereunder and on which payment is simultaneously made. In the event that the Sellers Representative wishes to settle, compromise or discharge the Xxxxxxx Litigation after the Closing Date and such settlement, compromise or discharge is not one which would require the consent of Parent pursuant to the preceding sentence, Parent shall cause the Surviving Corporation and its Subsidiary to execute any documents reasonably necessary in connection such settlement, compromise or discharge. For the avoidance of doubt, in no event shall the Surviving Corporation or its Subsidiary be required to pay any legal costs or other costs of litigation relating to the Xxxxxxx Litigation (including in connection with the defense thereof) and upon the Effective Time, the Sellers Representative shall make provision to ensure that all such invoices and bills are thereafter directed to the Sellers Representative.
(b) Prior to the Closing Date, the Company shall and after the Closing Date, the Parent shall cause the Surviving Corporation to, provide reasonable cooperation to the Sellers Representative and its Representatives in the prosecution and defense of the Xxxxxxx Litigation. Such cooperation shall include, without cost to the Sellers Representative, the retention and the provision to the Sellers Representative and its Representative of records and information which are reasonably relevant to the Xxxxxxx Litigation and the making of the Representatives of the Company (or the Surviving Corporation, if after the Closing Date) and its Subsidiary av...
Xxxxxxx Litigation. OEC shall diligently pursue its pending lawsuit against Xxxxxxx Mines, Ltd. In order to enable OEC to diligently pursue such lawsuit, NWO agrees to make advances to Oceanic to pay legal fees reflected in statements received by OEC subsequent to August 1, 1995 in connection with the litigation up to $100,000 (the "NWO Advances"). The NWO Advances shall be made from NWO to OEC within 30 days of receiving a copy of the statement evidencing such legal fees.
Xxxxxxx Litigation. On July 20, 2018, Xxxx Xxxxxxx filed a complaint against the Company and certain of its former directors. The complaint was filed in the United States District Court for the Central District of California. Xx. Xxxxxxx alleged that he was a shareholder of the Company and purported to assert a single claim under Section 14(a) of the Securities and Exchange Act of 1934 and SEC Rule 14a-9 promulgated thereunder. The parties entered into a “Settlement Agreement and Mutual Release” and the case was voluntarily dismissed with prejudice on December 17, 2018. As part of the cancellation of certain indebtedness owed to Fortress Investment Group, LLC, we transferred ownership of various patents, including U.S. Patent No. 7,177,798, commonly referred to as “Patent 798.” Fortress created a new Special Purpose Entity, CF Dynamic Advances LLC, in which we own a 30% interest. In May 2018, Rensselaer Polytechnic Institute and CF Dynamic Advances LLC filed a complaint against Xxxxxx.xxx, Inc. in the United States District Court for the Northern District of New York, which alleges, among other things, that “Alexa Voice Software and Alexa enabled devices” infringe U.S. Patent No. 7,177,798, entitled “Natural Language Interface Using Constrained Intermediate Dictionary of Results.” The complaint seeks an injunction, monetary damages, an ongoing royalty, pre- and post-judgment interest, attorneys’ fees, and costs. If plaintiffs are successful, and if the recoveries or settlement proceeds are sufficient following litigation expenses and recovery of amounts due in connection with the cancelled loan, the special purpose entity could be entitled to a portion of the net proceeds. There can be no assurance that the plaintiff will be successful or that any recoveries will exceed amounts due under the debt settlement arrangements or that our 30% interest in the special purpose entity will have any value even if the plaintiffs are successful in their case against Amazon. Other than as disclosed herein, we know of no other material, active or pending legal proceedings against us, nor are we involved as a plaintiff in any material proceedings or pending litigation other than in the normal course of business.
Xxxxxxx Litigation. A new Paragraph 14.4.9 is added as follows:
