Dismissal of Litigation. Within five (5) days of the Effective Date, Summit, VISX and Pillar Point shall cause all of the Summit/VISX Litigation (as hereinafter defined) to be dismissed with prejudice, with each party to bear its own costs and attorneys' fees. As used herein, "Summit/VISX Litigation" means VISX Partner, Inc. v. Summit Partner, Inc., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. CV 772057; VISX, Incorporated v. Pillar Point Partners, et al., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. 770042; and VISX Partner, Inc., on behalf Pillar Point Partners, United States District Court, District Of Massachusetts, Case No. 96-11739-PBS. The term "Summit/VISX Litigation" includes all counterclaims, cross-claims and the like asserted in the foregoing actions.
Dismissal of Litigation. At the Effectiveness Time, the Parties will execute and deliver, all to the other Parties, and will file with the Chancery Court, such documents as may be necessary or desirable to effect the dismissal with prejudice of the Litigation.
Dismissal of Litigation. Each of the parties shall promptly enter into stipulations staying all litigation currently pending between them or their respective Affiliates and representatives, or commenced by or on behalf of any of them in connection with the Offer, and the parties shall cause such stipulations to be filed promptly after the date of this Agreement. Each of the parties shall also, promptly following the Control Date, enter into and file stipulations dismissing with prejudice all such litigation and releasing all claims against the other parties hereto (and their Affiliates and representatives) based on any action or omission that occurred prior to the date of such stipulations as of the date such stipulations are filed. Notwithstanding the foregoing, if this Agreement is terminated in accordance with Article XI, after such termination nothing herein shall prevent either party (or its Affiliates or representatives) from pursuing any such litigation or any other litigation against any other party hereto (or its Affiliates or representatives).
Dismissal of Litigation. No later than three (3) days after the Effective Date, each Party will execute and deliver to the other Parties, or cause their respective attorneys of record in the Litigation to execute and deliver to the other Parties, the Joint Stipulated Orders of Dismissal Without Prejudice attached hereto as Exhibit A, and the attorneys for Endo/Teikoku shall submit such executed Joint Stipulated Orders of Dismissal Without Prejudice to the court in the Litigation. If for any reason the court in the Litigation does not approve the Joint Stipulated Orders of Dismissal Without Prejudice and enter them as orders of the court, the Parties agree to confer promptly in good faith in an effort to modify the Joint Stipulated Orders of Dismissal Without Prejudice and this Agreement or take such other action as is required to overcome the court’s objections.
Dismissal of Litigation. Not later than three (3) business days after the Effective Date, the Parties shall file a Stipulated Order of Dismissal, in the form of Exhibit J attached hereto, requesting the court to dismiss with prejudice the Litigation and all claims and counterclaims asserted therein.
Dismissal of Litigation. Not later than three business days after the earlier of (i) the entry by the District Court of the Vacatur requested in the Joint Stipulated Motion filed pursuant to Section 2.5; or (ii) sixty (60) days after the Effective Date, the Parties shall file a Stipulated Order of Dismissal, in the form of Exhibit A attached hereto, requesting the District Court to dismiss with prejudice the Litigation and all Claims asserted therein.
Dismissal of Litigation. The parties agree that, following the exchange of the mutual releases referred to in paragraph 13 above, they shall enter a take-nothing judgment in the lawsuit styled Staktek Corporation v. Samsung Electronics Co., Ltd. and Samsung Semiconductor, Inc.; United States District Court, Civil Action No. A-98-CA-770-JN; Western District of Texas, Austin Division (the “lawsuit”), dismissing all claims with prejudice, each party bearing its own costs.
Dismissal of Litigation. The legal actions involving the Purchaser and the Company listed in Section 7.1(g) of the Company Disclosure Schedule shall have been dismissed with prejudice pursuant to documents and court filings reasonably satisfactory to the Purchaser, the Company and the PPB Sub.
Dismissal of Litigation. The Parties agree to enter into a dismissal with prejudice of the litigation entitled Novellus Systems, Inc. v. Applied Materials, Inc., Civil Action No. C 97-20551 RMW, Applied Materials, Inc. v. Novellus Systems, Inc., Civil Action No. C 97-20523 RMW, and any and all other pending Patent litigation between the Parties (collectively, the “Civil Actions.”). Such dismissal shall be mutual and shall be filed no later than September 23, 2004. Each Party shall bear its own costs of suit and attorneys fees incurred in connection with the Civil Actions.
Dismissal of Litigation. Not later than ten court days after the Effective Date, the parties shall file a joint motion and agreed order, substantially in the form of Exhibit A attached hereto, requesting the Santa Xxxxx County Superior Court to dismiss the California Action with prejudice.
