Delaware Litigation. The term “Delaware Litigation” means the matter entitled Samsung Electronics Co., Ltd. et xx x. Xxxxxx Inc., No. 6081113 (Del. Chan. Filed June 23, 2005).
Delaware Litigation. Parent agrees to use its best efforts cause the claims against the Executive in the Delaware Litigation to be dismissed within 5 business days following the Closing.
Delaware Litigation. AMD filed suit against Intel under the caption Advanced Micro Devices, Inc. and AMD International Sales & Services, Ltd. v.
Delaware Litigation. Concurrently with the execution of this Agreement, or as soon as practicable thereafter, Trop Entertainment, Trop Finance, and Aztar Corporation (collectively, the “Trop Defendants”) shall withdraw the Motion for Preliminary Injunctive and Declaratory Relief filed in the Delaware Action. During the Forbearance Period, the Trop Defendants, Yung, More and the Indenture Trustee shall take all necessary steps to stay and continue, without prejudice, all motions, discovery and other proceedings in the Delaware Action and the Trop Defendants shall not seek to enjoin the acceleration of the Notes. All pending discovery demands served by any party in the Delaware Action shall be deemed adjourned, sine die. The parties shall cooperate in the implementation of such continuance.
Delaware Litigation. For avoidance of doubt, neither Enzo’s release of Affymetrix nor Affymetrix’s release of Enzo includes the litigation currently pending in the District of Delaware, captioned Enzo Life Sciences v. Affymetrix, Inc., Case No. 12-cv-433-LPS, and any of the claims there asserted, in which Enzo alleges, among other things, that Affymetrix has and continues to infringe on U.S. Patent No. 7,064,197 (the “Delaware Litigation”). The Parties agree that no rulings in the Actions shall have preclusive effect on the Delaware Litigation.
Delaware Litigation. With respect to the Delaware Litigation, (a) Xxxxx & Nephew agrees to promptly dismiss with prejudice Xxxxx & Nephew’s antitrust counterclaim in the district court, and (b) ArthroCare agrees (i) to promptly dismiss with prejudice ArthroCare’s claims for damages and willful infringement in the district court and (ii) to forego any further review by the U.S. Supreme Court of the Federal Circuit’s decision. To effectuate this provision, Xxxxx & Nephew and ArthroCare or their respective counsel will sign a Consent Judgment and Stipulation of Dismissal with Prejudice in the form attached hereto as Exhibit E-L (“Consent Judgment”) within two (2) court days after the Effective Date of this Agreement. Xxxxx & Nephew and ArthroCare shall, immediately upon execution of such Consent Judgment, provide ArthroCare’s outside counsel with copies of such executed Consent Judgment, and ArthroCare shall instruct its outside counsel to hold such executed copies until the Initial Fee set forth in Section 4.1(a) has been received by ArthroCare. After the Initial Fee has been received by ArthroCare, ArthroCare’s outside counsel shall promptly (and, in no event, no later than three (3) court days after ArthroCare’s receipt of the Initial Fee) file such executed Consent Judgment in the District of Delaware for entry.
Delaware Litigation. Contemporaneously with the execution and delivery of this Agreement, Whitebox Advisors, LLC and Riva Ridge Master Fund Ltd. and all other applicable Noteholders shall deliver a notice of dismissal in the form attached as Annex B hereto (the “Notice of Dismissal”) in the action captioned Whitebox Advisors, LLC and Riva Ridge Master Fund Ltd. x. Xxxxxx Telecommunications Holdings, Inc., C.A. No. 7871-VCG currently pending in the Court of Chancery of the State of Delaware (the “Delaware Litigation”). The Notice of Dismissal shall be filed as soon as practicable following the consummation of the transactions contemplated hereby, which consummation shall take place contemporaneously with the execution and delivery of this Agreement. The parties hereto agree that this Agreement and the transactions contemplated by it, and any action or inaction to be taken by U.S. Bank National Association acting as Trustee or Collateral Agent in connection with the transactions contemplated hereunder, are not prohibited by the Order of the Court of Chancery of the State of Delaware dated September 28, 2012 (the “Stipulation”), and in the event any court having jurisdiction determines that any action or inaction taken in connection with the transactions contemplated hereunder is not permitted by the Stipulation (or otherwise), U.S. Bank National Association is authorized to take any action or inaction in order to comply with such determination by the applicable court. U.S. Bank National Association, as Trustee and as Collateral Agent, shall be a third party beneficiary of the preceding sentence.
