Non-Settling Defendant definition

Non-Settling Defendant means any Defendant that is not a Settling Defendant or a Settled Defendant.

Non-Settling Defendant means any Defendant that is not a Settling Defendant and has not entered into a settlement with the Plaintiffs in the Proceeding, whether or not such settlement agreement is in existence at the Date of Execution, and includes any Defendant that terminates its own settlement agreement in accordance with its terms or whose settlement otherwise fails to take effect for any reason, whether or not such settlement agreement is in existence at the Date of Execution.

Non-Settling Defendant means, in respect of each Proceeding, any Defendant in that Proceeding that is not: (i) a Settling Defendant; (ii) a Settled Defendant; or (iii) a Defendant against whom the Proceeding has been dismissed or discontinued, either before or after the Date of Execution.

Examples of Non-Settling Defendant in a sentence

• THIS COURT ORDERS that a Non-Settling Defendant may effect service of the motion(s) referred to in paragraph 15 above by service on Counsel for the Settling Defendants.

• This Agreement does not settle or compromise any claim by Plaintiffs or any Class Member asserted in the Action against any Non-Settling Defendant or any potential defendant other than the Releasees.

• The Litigation Trust will be established for the sole purpose of distributing any recoveries from the Non-Settling Defendant Claims and the Assigned Preference Claims, in accordance with Treasury Regulation section 301.7701-4(d) and Revenue Procedure 94-45, with no objective to continue or engage in the conduct of a trade or business.

• It is possible, for instance, that the Litigation Trust could be treated for U.S. federal income tax purposes as two trusts, one that holds the Assigned Preference Claims and Cash and another that holds the Non-Settling Defendant Claims and Cash.

• Class Counsel will undertake all reasonable efforts to obtain from Non-Settling Defendants the names and addresses of those persons that purchased Shell Eggs or Egg Products directly from any Non-Settling Defendant during the Class Period.

More Definitions of Non-Settling Defendant

Non-Settling Defendant means any defendant in the Committee Litigation (including each of its direct and indirect parent companies, subsidiaries, Affiliates, members, partners and joint ventures, each of their respective predecessors, successors, general partners, and assigns, and all of each of their respective past and present employees, officers, directors and managers) other than Settling Defendant Releasees and the Secured Lender Releasees.

Non-Settling Defendant means any Defendant that is not a Settling Defendant or any Defendant that has not entered into a binding and approved settlement with the Plaintiffs in the Proceedings, whether or not such settlement agreement is in existence at the Date of Execution, and includes any Defendant that terminates its own settlement agreement in accordance with its terms or whose settlement otherwise fails to take effect for any reason, whether or not such settlement agreement is in existence at the Date of Execution.

Non-Settling Defendant means any Defendant that is not a Settling Defendant and includes any Defendant that terminates its own settlement agreement in accordance with its terms or whose settlement otherwise fails to take effect for any reason, whether or not such settlement agreement is in existence at the Execution Date. For greater certainty, KEMET Corporation and KEMET Electronics Corporation are Non-Settling Defendants.

Non-Settling Defendant means Joseph P. Nacchio (“Nacchio”) and Robert S. Woodruff (“Woodruff”), or either of them. Nacchio and Woodruff are expressly excluded from the definitions of Qwest, Related Parties, Released Persons, Settling Defendants, and Settling Parties.

Non-Settling Defendant means any Defendant in the Direct Purchaser Class Action, including any Defendants that may be added at a later date, other than the SII Released Parties.

Non-Settling Defendant means PwC.

Non-Settling Defendant means a defendant in any of the Xxxxx Progeny Actions that is not a Party to this Agreement.