Agreement to Settle. Subject to the conditions herein, the parties agree to settle, resolve and release each other of and from all matters of controversy between them to the date hereof, on the following terms, such Settlement to take place at the Time of Completion:
Agreement to Settle a) In consideration of the mutual covenants by the Parties, the Parties confirmed, covenant and agreed to the following:-
Agreement to Settle. In exchange for the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties and their counsel agree the Litigation is settled on the terms and conditions set forth below, subject to Court approval after a hearing and on finding that the instant settlement is fair, reasonable, and adequate.
Agreement to Settle. If an agreement to settle is reached, the parties agree that it will be binding and in writing. Please sign and return by email or mail the signature page of this Agreement to Mediate. By signing below, you are indicating that you have read the terms contained herein, and that you also agree to them on behalf of your clients/principals. This Agreement may be executed in counterpart. DATE:
Agreement to Settle. On the terms and subject to the conditions set ------------------- forth in this Agreement, on the earlier to occur of (i) the Merger Effective Time, (ii) the Put Right Purchase Closing with respect to DukeNet or Caronet, and (iii) the closing pursuant to the Call Right, the applicable parties shall execute the Release. The consideration payable under the Release will be the Merger Consideration payable under the Merger Plan, the Put Right Purchase Price payable pursuant to Section 3.1 or the consideration payable under Section 3.5 in respect of the exercise of the Call Right, as appropriate, and each party to this Agreement acknowledges that such consideration is adequate.
