Pending Lawsuit definition

Pending Lawsuit has the meaning set forth in paragraph A of the Recitals to this Agreement.

Examples of Pending Lawsuit in a sentence

  • For the avoidance of doubt, no statement herein with respect to Pending Lawsuits or other similar lawsuits alleging breach of fiduciary duties (or related causes of action) by American Greetings or its directors, officers or principal stockholders or disclosure violations in connection with the Merger Agreement shall be deemed an admission that any such Pending Lawsuit or similar lawsuit is applicable to this Section 3.7.

  • The Company shall have the right to terminate its participation in the Pending Lawsuit at any time.

  • The Client acknowledges that prior to signing this Agreement, the Client was given the option of retaining the Law Firm to prosecute any Pending Lawsuit on exclusively a normal hourly rate (plus costs and expenses incurred) basis but elected instead to retain the Law Firm to prosecute the Pending Lawsuits pursuant to the terms and conditions of this Agreement.

  • Within five days after this Agreement is fully executed, Expedia shall deliver to counsel for Xpedior an executed stipulation of dismissal of the Pending Lawsuit, without prejudice.

  • The Parties further agree that, except as described below, all attorneys’ fees and costs incurred with respect to the prosecution and defense of the Matters in Controversy shall be respectively borne by each of the Parties and that there is no prevailing party in the Pending Lawsuit.

  • All expenses incurred to prosecute the Pending Lawsuit pursuant to that Contingent Fee Letter Agreement between the Company, Trust and G▇▇▇▇▇ ▇.

  • The Law Firm may at any time, at its option (and with Court approval in the case of any Pending Lawsuit), with or without cause, terminate its representation of the Client hereunder by providing not less than 90 days’ prior written notice to the Client.

  • At such time as Xpedior changes its corporate name and ceases using XPEDIOR as a trademark, as provided in Paragraph 4 above, Expedia agrees to take such steps as are necessary to cause the Pending Lawsuit to be dismissed with prejudice.

  • The Law Firm shall defend any action or counterclaim relating to the `672 Patent filed against the Client in the Eastern District of Texas by a defendant in any Pending Lawsuit on the basis specified in paragraphs 3 and 4(a) above.

  • The Company agrees that (i) it will not, prior to the Termination Date (as such term is defined in paragraph 2(a) hereof), reinstitute against any members of the Cummer/▇▇▇▇▇▇ Group or against any of the persons nominated by the Cummer/▇▇▇▇▇▇ Group to stand for election to the Board in the Consent Solicitation, any of the claims made in the Pending Lawsuit and (ii) following the Termination Date the Pending Lawsuit will be dismissed with prejudice.