Agreed Order of Dismissal Sample Clauses

Agreed Order of Dismissal. On the first (1st) Business Day immediately following the Closing, the Company and the Claimant shall cause the Agreed Order of Dismissal, in the form attached hereto as Exhibit A, to be filed with the Court.
Sample 1
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Agreed Order of Dismissal. Simultaneously with the execution of this Agreement, Alamo will execute and deliver to Range Kentucky on or before January 2, 2014 the Agreed Order of Dismissal which is attached as Exhibit G. The Agreed Order will dismiss with prejudice all claims which were made, or which could have been made, in the Litigation. Range Kentucky is authorized to tender the Agreed Order to the Fayette Circuit Court on or after the Effective Time. The Parties agree that, notwithstanding said dismissal, this Agreement and all Related Agreements (once effective), and the provisions and terms thereof, will be incorporated by reference into the record of the Litigation, and the Court in the Litigation will retain jurisdiction for the purpose of enforcing this Agreement and the Related Agreements.
Sample 1
Agreed Order of Dismissal. The Plaintiff, Range Kentucky Holdings LLC and the Defendant, Alamo Energy Corp. being in agreement, and the Court being otherwise sufficiently advised. IT IS HEREBY ORDERED that this matter is dismissed, with prejudice, with each party bearing its own attorney’s fees and costs. This the ____ day of January, 2014. FAYETTE CIRCUIT COURT FOURTH DIVISION HAVE SEEN AND AGREED TO:
Sample 1
Agreed Order of Dismissal. Pending before the Court is the Agreed Motion for Dismissal in the above-captioned action filed by Plaintiff Elsie Schifano (“Plaintiff”); Defendants Peter K. Barker, Alan M. Bennett, Rosemary T. Berkery, Alan Boeckmann, Peter J. Fluor, James T. Hackett, Carlos M. Hernandez, Deborah D. McWhinney, Armando J. Olivera, Matthew K. Rose, D. Michael Steuert, Robin K. Chopra, David T. Seaton, and Bruce A. Stanski (collectively, the “Individual Defendants”); and Nominal Defendant Fluor Corporation (together with the Individual Defendants, the “Defendants”). Having considered the Parties’ Agreed Motion for Dismissal in this action, the Court hereby finds that the Parties’ Agreed Motion for dismissal should be GRANTED. It is, therefore, ORDERED, ADJUDGED, and DECREED that this case is DISMISSED WITH PREJUDICE pursuant to Texas Rule of Civil Procedure 163. Each of the parties shall bear his, her, or its own costs. Dated: JUDGE PRESIDING No. DC-20-10706 THOMAS SMITH, derivatively on behalf of FLUOR CORPORATION, § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § IN THE DISTRICT COURT OF Plaintiff, vs. CARLOS M. HERNANDEZ, D. MICHAEL STEUERT, ROBIN K. CHOPRA, MATTHEW J. MCSORLEY, PETER J. FLUOR, ALAN L. BOECKMANN, PETER K. BARKER, ROSEMARY T. BERKERY, ALAN M. BENNETT, ARMANDO J. OLIVERA, DEBORAH D. MCWHINNEY, MATTHEW K. ROSE, JAMES T. HACKETT, DAVID E. CONSTABLE, THOMAS C. LEPPERT, DAVID T. SEATON, BRUCE A. STANSKI, BIGGS C. PORTER, GARY G. SMALLEY, NADER H. SULTAN, LYNN C. SWANN, SAMUEL J. LOCKLEAR III, and JOSEPH W. PRUEHER, DALLAS COUNTY, TEXAS Defendants, -and- FLUOR CORPORATION, a Delaware corporation, Nominal Defendant. 116TH JUDICIAL DISTRICT AGREED MOTION FOR DISMISSAL Plaintiff Thomas Smith (“Plaintiff”), Defendants Carlos M. Hernandez, D. Michael Steuert, Robin K. Chopra, Matthew J. McSorley, Peter J. Fluor, Alan L. Boeckmann, Peter K. Barker, Rosemary T. Berkery, Alan M. Bennett, Armando J. Olivera, Deborah D. McWhinney, Matthew K. Rose, James T. Hackett, David E. Constable, Thomas C. Leppert, David T. Seaton, Bruce A. Stanski, Biggs C. Porter, Gary G. Smalley, Nader H. Sultan, Lynn C. Swann, Samuel J. Locklear III, and Joseph W. Prueher (collectively, the “Individual Defendants”), and Nominal Defendant Fluor Corporation (with the Individual Defendants, “Defendants”) file this Agreed Motion for Dismissal and respectfully show as follows: This action has been pending before this Court since August 5, 2020, and stayed since October 27, 2020. On , the P...
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Related to Agreed Order of Dismissal

  • Normal order of application Except as any Finance Document may otherwise provide, any sums which are received or recovered by any Creditor Party under or by virtue of any Finance Document shall be applied:

  • Dismissal The School shall not dismiss or transfer a student involuntarily, unless the dismissal or transfer is accomplished through procedures established by the School that are in compliance with applicable laws and due process requirements, provided that any dismissal of a student with a disability shall comply with the requirements of Ch. 8-60, HAR.

  • Settlement of Dispute Any disputes under the Agreement shall be settled at first through friendly consultation between the parties hereto. In case no settlement can be reached through consultation, each party shall have the right to submit such disputes to China International Economic and Trade Arbitration Commission in Beijing. The Place of arbitration is Beijing. The arbitration award shall be final and binding on both parties.

  • 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.

  • Amicable Resolution (a) Save where expressly stated to the contrary in this Agreement, any dispute, difference or controversy of whatever nature between the Parties, howsoever arising under, out of or in relation to this Agreement (the "Dispute") shall in the first instance be attempted to be resolved amicably in accordance with the procedure set forth in Clause 12.1 (b).

  • Interim Order The notice of motion for the application referred to in Section 2.1(a) shall request that the Interim Order provide, among other things:

  • Approval Order The Bankruptcy Court shall have entered the Approval Order and such Order shall be a Final Order.

  • Settlement Procedures Timetable In the event of a purchase of Notes by the Purchasing Agent, as principal, appropriate Settlement details, if different from those set forth below, will be set forth in the applicable Terms Agreement to be entered into between the Purchasing Agent and the Company pursuant to the Selling Agent Agreement. For orders of Notes solicited by an Agent, as agent, and accepted by the Company, Settlement Procedures "A" through "M" shall be completed as soon as possible but not later than the respective times (New York City time) set forth below: Settlement: Procedure Time

  • Corrective Action Plan Within fifteen (15) Business Days following the establishment of the Joint Remediation Committee, the Purchasers, in consultation with the Sellers, shall prepare and submit to the Joint Remediation Committee an initial draft of the Corrective Action Plan. The parties shall work in good faith through the Joint Remediation Committee to finalize the Corrective Action Plan within fifteen (15) Business Days of the Purchasers’ submission of the initial draft of the Correct Action Plan. At the end of such period, if the Sellers reasonably determine that the Corrective Action Plan proposed by the Purchasers (as may be modified over the course of such period) would not reasonably be expected to satisfactorily address the Major Default, then the Sellers may escalate the issue to the Head of Commercial Capital (or equivalent leader of any successor business unit) of the Seller Group and the Chief Executive Officer of the Bank Assets Purchaser (the “Senior Executives”) and the Senior Executives shall work collaboratively (including with the Joint Remediation Committee) to develop a mutually agreeable Corrective Action Plan within fifteen (15) Business Days.

  • Resolution of Discrepancies In the event of any discrepancy between the information set forth in any report provided by the Custodian to the Company and any information contained in the books or records of the Company, the Company shall promptly notify the Custodian thereof and the parties shall cooperate to diligently resolve the discrepancy.

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