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 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 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, following the Transfer Date, any installment payment, pursuant to the terms set forth in Paragraph 2 above, is not timely and actually received by Plaintiffs (after giving effect to any Setoff Amounts), then Plaintiffs shall notify Greenbrook in accordance with the notice provisions herein and Greenbrook shall have five (5) business days from receipt of such notice to cure by causing that missed installment payment to be actually received by Plaintiffs. If Greenbrook fails to timely cure (including by applying any Setoff Amounts), or if Greenbrook has already received notice of a missed payment and cured two (2) times previously pursuant to the terms of this Paragraph 3 and an installment payment is not timely and actually received by Plaintiffs, then Greenbrook shall be in default under this Agreement, without the requirement of any further notice by Plaintiffs, and the following shall occur:
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. A consent judgment based upon the agreement may be rendered. However, the mutual consent of each party must exist at the moment the court undertakes to make the agreement the judgment of the court. Xxxxxx x. Xxxxxx, 000 X.X.0x 000 (Tex. App.—Texarkana [6th Dist.] 1992, writ denied). Agreements Between Attorneys Chapter 3 Mere approval of the agreement is not rendition. Xxxx Cabling Services, Inc. x. Xxxxx-Xxxxxx Electric, Inc., 16 S.W.3d 98 (Tex. App.—Houston [1st Dist.] 2000, pet. denied); also see S & A Restaurant Corporation x. Xxxx, 892 S.W.2d 855 (Tex. 1995). In the case of agreements to settle a case, the trial court’s action with respect to the agreement is crucial. If the court merely approves the agreement, indicating a future intent to render (i.e. rendition will be upon presentation and signing of a final decree) either party may withdraw their consent to the agreement, thereby depriving the court of the authority to render a consent judgment. Xxxxxx, supra; Xxxx, supra. The words used by the court must clearly indicate the intent to render judgment at the time the words are used. Xxxx, supra; Xxxxx- Xxxxxx Electric, Inc., supra. Cases demonstrating statements by the court which constitute rendition are Xxxxxx, supra and Galerie D’Tile, Inc. x. Xxxxx, 792 S.W.2d 792 (Tex. App.—Houston [1st Dist.] 1990, no writ). Cases indicating no intent to render are Xxxx, supra; and Xxxxx-Xxxxxx Electric, Inc., supra. In order to avoid confusion regarding the court’s intention, it is good practice for the attorney to ask the court if it is "rendering" judgment on the agreement at the time the agreement is presented and to obtain an affirmative response from the court. See Xxxxx, supra. In rendering judgment on the agreement, the
Consent Judgment. As security for Eagle Broadband’s performance under this Agreement and the Convertible Debenture, the parties agree as follows:
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. 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. Contemporaneously with the execution of this Agreement, counsel for the Parties the will execute a Consent Judgment in the form attached hereto as Exhibit “1,” holding PMD liable to TI for Six Hundred Seventy-Five Thousand and 00/100 dollars ($675,000.00) less amounts previously paid towards the Settlement Amount, plus reasonable attorney’s fees and expenses arising from the breach or breaches of this Agreement and any interest owed (the “Consent Judgment”), which shall survive the dismissal of the Litigation contemplated herein. TI shall hold the Consent Judgment and shall not submit it to the Court unless PMD fails to make the payments set forth in Section 1 above, and PMD fails to cure such payment default within thirty (30) days of receipt of written notice from TI of such alleged default. If the payments are made as set forth in Section 1 above, then TI shall destroy the Consent Judgment.
