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.
Consent Judgment. The Borrower has executed and delivered a federal court version and a state court version of a Consent Judgment, which have been delivered in connection with the previous amendment. 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 the Note remain in full force and effect, have been delivered to Lender’s counsel, 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 Xxxxxxxx makes all of the required payments, Xxxxxx’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. [Signature Page Follows]
Consent Judgment. IF PHARMACY DEFAULTS AS SETS FORTH ABOVE AND FAILS TO MAKE ANY SETTLEMENT PAYMENT IN A TIMELY MANNER, AND ONLY AFTER THE EXPIRATION OF THE 10-DAY NOTICE PROVISION AND CURE PERIOD AS SET FORTH ABOVE, BOTH PHARMACY AND GUARANTOR CONSENTS TO ABDC IMMEDIATELY ENTERING A JUDGMENT AGAINST EACH OF THEM, JOINTLY AND SEVERALLY WITH PHARMACY, FOR THE FULL AMOUNT OF THE UNDERLYING DEBT AS CLAIMED IN THE COMPLAINT, TOGETHER WITH ALL CONTRACTUAL LATE FEES, AS WELL AS INTEREST, REASONABLE ATTORNEYS’ FEES AND ALL OTHER COSTS OF COLLECTION AS SO STATED ON THE STIPULATED JUDGMENT. (SEE EXHIBIT C). ABDC MAY FILE THIS AGREEMENT AND THE STIPULATED JUDGMENT WHICH, WHEN SUBMITTED TO THE CLERK OF THE COURT, SHALL BE SUFFICIENT FOR THE COURT TO ENTER JUDGMENT IN ABDC’S FAVOR AND AGAINST GUARANTOR FOR THAT STIPULATED AMOUNT AND ANY ADDITIONAL COSTS.
Consent Judgment. It is stipulated by and between the undersigned parties, by their respective attorneys, that:
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. In consideration of the mutual benefits of entering into this Agreement, the Parties will enter into and cause to be filed with the Court in the Litigation, within three (3) business days after the Effective Date, the Consent Judgment and Order of Permanent Injunction (“Consent Judgment”) in the form attached hereto as Exhibit A. If for any reason the Court raises an objection to the Consent Judgment as drafted or requires that the Parties modify the Consent Judgment, the Parties agree to confer promptly and in good faith in order to take action consistent with the Agreement to secure entry of the Consent Judgment as drafted or with agreed-upon modifications, provided that nothing contained herein shall be deemed to require a Party to agree to a modification of the Agreement or Consent Judgment that materially affects the benefits to be obtained by, or burdens imposed upon, such Party under this Agreement as originally executed. If, after forty-five (45) 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 Agreement shall be null and void and have no further legal effect.
Consent Judgment. Upon execution and delivery of this Agreement, Digital shall deliver a Consent Judgment Order in favor of Lucax xx the form of Exhibit A attached hereto and made a part hereof. The Consent Judgment Order will be signed by Digital and it's counsel and held by the law firm of McGuire, Woods, Battle & Bootxx, X.L.P., in escrow, subject to the terms of this Agreement. In the event of the occurrence of an event of default under the Lease which continues for a period of more than fifteen (15) days after notice of such event of default is delivered to Digital, or in the event of the occurrence of more than two (2) events of default under the Lease during any twelve (12) month period, then McGuire, Woods, Battle & Bootxx, X.L.P., may release the Consent Judgment Order from escrow and submit such order to the Court for entry.
Consent Judgment. 2.1. As soon as practicable but in any event no more than three (3) Business Days after the date of signature of the last Party to sign this Settlement Agreement (such date, the “Signing Date”), and subject to the confidentiality provisions of Section 8.1, counsel for the Litigation Parties shall execute a “Consent Judgment” in the form attached hereto as Exhibit A and shall file it in the District Court.
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.
