Consent Judgment Sample Clauses
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Consent Judgment. Concurrent with execution of this Agreement, the parties have executed a Consent Judgment in form and substance the same as attached Exhibit 5. The parties shall submit the Consent Judgment to the Otsego County Circuit Court for entry. This Agreement is conditional upon entry of the Consent Judgment by the Court. In the event that the Court declines to enter the Consent Judgment, this Agreement shall be void and of no force and effect.
Consent Judgment. The Borrower has executed a federal court version and a state court version of a Consent Judgment as an addendum to this Agreement that are attached as Exhibits 1 and 2, and are incorporated herein by reference. Each Consent Judgment in the amount of $940,000, plus interest as calculated in the Note, as amended, costs and attorneys’ fees, less any payments made pursuant to this Agreement, shall be delivered to Lender’s counsel along with an executed copy of this Agreement, but shall not be used, disclosed, or filed until and unless Borrower fails to make a required payment in the time specified in Sections 2.1 and 2.2 of the Note, as amended by Section 1B of this Agreement. If ▇▇▇▇▇▇▇▇ makes all of the required payments, ▇▇▇▇▇▇’s counsel shall destroy the original Consent Judgments along with any copies made. If Borrower fails to make a required payment timely in accordance with Sections 2.1 and 2.2 of the Note, as amended by Section 1B of this Agreement, Plaintiff may file a Consent Judgment with either the United States District Court for the District of Massachusetts, or the Suffolk Superior Court in the Commonwealth of Massachusetts, as the Lender chooses in its sole discretion. The Lender shall provide written notice of that filing to Borrower. Borrower expressly consents to the jurisdiction of the state courts in the Commonwealth of Massachusetts, and the United States District Court for the District of Massachusetts, for purposes of an action by Lender on the Consent Judgment.
Consent Judgment. The Parties shall jointly file in Dane County Circuit Court, Case No. 2025CV1552, the Consent Judgment attached hereto as Exhibit A, along with any other documents necessary to effectuate the Consent Judgment and make it binding upon all Parties.
Consent Judgment. Consent Judgment " or “Judgment” means the Judgment entered by the Oakland County Circuit Court on October 9, 2000 (Case No. 99- 017057-CH), including all of the exhibits attached thereto, and recorded in Liber 21911, page 495, Oakland County records, which set forth certain restrictions and obligations pertaining to the Silvercreek Project and the adjacent two (2) condominium developments as described in the Declaration. The Oakland County Register of Deeds was unable to electronically duplicate Exhibits B and C to the Consent Judgment for recordation purposes. Copies of Exhibits B and C are on file with the Oakland County Register of Deeds and are available for public viewing.
Consent Judgment. A consent judgment in a form to be agreed by the Settling States and Walgreens prior to the Initial Participation Date that, among other things, (1) approves this Agreement and (2) provides for the release set forth in Section X.A, including the dismissal with prejudice of any Released Claims that the Settling State has brought against Released Entities.
Consent Judgment. 2.1. Within one (1) business day after the date of signature of the last Party to sign this Settlement Agreement (the “Signing Date”), and earlier if possible, and subject to the confidentiality provisions of Section 10.1, counsel for the Parties shall execute a “Consent Judgment” providing for the terms of a consent judgment and stipulated dismissal of the Action, in the form attached hereto as Exhibit A, and shall file it in the United States District Court for the District of Delaware (the “District Court”) in the Action.
2.2. If for any reason the District Court raises an objection to the Consent Judgment as drafted or requires that the Parties modify the Consent Judgment before it will enter it as an order of the District Court, or if after ten (10) business days the District Court has otherwise failed to enter the Consent Judgment, the Parties agree to confer promptly and in good faith in order to take action consistent with this Settlement Agreement to secure entry of the Consent Judgment as drafted, or to agree upon modifications to the Consent Judgment, or to take such other action consistent with this Settlement Agreement to secure entry of the Consent Judgment as drafted or with agreed-upon modifications; provided, however, that nothing contained herein shall be deemed to require a Party to agree to a modification of the Settlement Agreement or Consent Judgment that materially affects the benefits to be obtained by, or burdens imposed upon, such Party under this Settlement Agreement as originally executed. If, after forty-five (45) calendar days have elapsed from the date on which the Consent Judgment was filed, such efforts have failed to secure entry of the Consent Judgment as originally filed or with agreed-upon modifications, notwithstanding anything herein to the contrary, this Settlement Agreement shall be null and void and have no further legal effect, save for Sections 10.1, 10.4, 10.9, 10.12, and 10.14, which shall continue in full force and effect.
2.3. The date on which the Consent Judgment is entered by the District Court, whether with or without modification as provided for in Section 2.2, shall be the “Effective Date” of this Settlement Agreement. Notwithstanding anything herein to the contrary, the provisions of Articles 1, 2, 8, and 9 and Sections 10.1, 10.3, 10.4, and 10.6 through 10.14 shall become effective upon the Signing Date.
Consent Judgment. Subject to the provisions of Section 5 below, and in consideration of the benefits of entering into this Agreement and the Distribution Agreement (as defined below) the Parties shall enter into and cause to be filed in the Action, within thirty (30) days of the Effective Date, a consent judgment dismissing all claims, defenses and counterclaims, pending in the Action, with prejudice and providing, inter alia, that Alphapharm concedes that the '712 Patent is valid, enforceable and infringed by Alphapharm's proposed generic escitalopram oxalate products, substantially in the form annexed hereto as Exhibit A (the "Consent Judgment"), with each Party agreeing to assume its own costs and expenses, including attorneys fees, except as otherwise expressly provided for in this Agreement, in connection with the Action. Each Party acknowledges that no determination of any kind has been made with respect to U.S. Patent No. 6,916,941 in the Action, and subject to the Distribution Agreement (defined below), each party reserves its respective rights with respect to the U.S. Patent No. 6,916,941. If the Court does not grant the Consent Judgment substantially in the form annexed hereto as Exhibit A, the Parties agree to meet and confer in good faith and use their best efforts to reach an amicable resolution consistent with the requirements of the Court as further described in Section 5(d) below.
Consent Judgment. The Court, upon the consent and request of Plaintiffs Somaxon Pharmaceuticals, Inc. and ProCom One, Inc. (collectively, “Plaintiffs”) and Defendants Par Pharmaceutical, Inc. and Par Pharmaceutical Companies, Inc. (collectively “Par”), hereby Finds:
Consent Judgment. This Agreement incorporates the Consent Judgment as entered in [Federal District Court] in the matter brought against Ocwen by the Consumer Financial Protection Bureau and Participating State Attorneys General, as plaintiffs. The Consent Judgment, including all of its exhibits, are fully integrated into this Agreement and appended hereto, and the Consent Judgment, along with its exhibits, set forth the terms and conditions applicable to Ocwen and the State Mortgage Regulators, apart from and supplemented by the terms and conditions in this Agreement. To the extent that the terms and conditions contained in this Agreement conflict with any provisions of the Consent Judgment or its exhibits, the terms and conditions of this Agreement shall control.
Consent Judgment. On or before the Effective Date, the Parties shall cause their counsel to exchange signatures on a Consent Judgment substantially in the form attached hereto as Exhibit A.
