Dismissal of Actions. Each Party shall dismiss with prejudice and withdraw each and all of its claims in all of the Actions and shall file all necessary documents to effect such dismissals and withdrawals, with each Party to bear its own costs, as follows:
Dismissal of Actions. As soon as practicable following the Effective Date, each of the Pepco Settling Parties and the Mirant Settling Parties shall cause all pending appeals, adversary actions or other contested matters between or among the parties hereto relating to any claim, demand, action or cause of action released pursuant to Section 3(a) or Section 4(a), including without limitation those listed on Schedule 2(c), to be dismissed with prejudice. The form of each of the dismissals shall be acceptable to the Pepco Settling Parties and the Mirant Settling Parties.
Dismissal of Actions. In the event any action, claim or proceeding is initiated, filed, commenced or prosecuted, directly or indirectly, by or on behalf of any of I-Link or the Covenanting Parties against any of the Beneficiaries in any federal, state, local or foreign court, arbitral forum or administrative agency, within two (2) days of the receipt of a written notice sent to the offices of I-Link, the Covenanting Parties or the designated agent set forth in Section 8 hereof shall execute and consent to the submission and/or filing of all documents, affidavits, stipulations or other pleading or papers as may be necessary to effectuate a total and complete dismissal, with prejudice, or equivalent final and irrevocable resolution, of any such action, claim or proceeding. The Covenanting Parties shall bear all of the Beneficiaries' costs and attorney's fees associated with the dismissal with prejudice or other final resolution of any action, claim or proceeding subject to this Covenant Not to Xxx.
Dismissal of Actions. The Parties acknowledge that the Litigation, including all claims and counterclaims therein, was dismissed with prejudice by Order of the Court on March 27, 2012, with each Party to bear its own costs, litigation expenses and attorneys’ fees.
Dismissal of Actions. 6.1 In consideration of ProMOS’ dismissal of actions under Section 6.2, Infineon agrees to and shall withdraw and cause to be withdrawn, and dismiss or cause to be dismissed with prejudice:
Dismissal of Actions. Subject to the court’s retention of jurisdiction pursuant to paragraph 4 of this Agreement, INTEGRITY will dismiss the Action with prejudice, subject to the terms of this Agreement, upon receipt of the Shares from the Transfer Agent.
Dismissal of Actions. (a) Sxxx XXX Litigation. On or prior to the Execution Date, Sxxx and Sxxxx & Wxxxxxx shall cause its counsel to execute and file with the United States District Court for the District of Delaware stipulations of dismissal, satisfactory in form and substance to counsel for the defendants in the Sxxx XXX Litigation (i.e., NEG, NEG-CFC, Covert and Harquahala) and to counsel for the Administrative Agent, in its capacity as intervenor in such action, effectuating the dismissal, with prejudice, of the Sxxx XXX Litigation.
Dismissal of Actions. The Parties hereby agree to dismiss the Actions with prejudice. In furtherance thereof, simultaneous with the execution of this Agreement and the Patent Cross-License Agreement, the Parties shall cause their respective litigation counsel of record to execute the Stipulations of Dismissal annexed hereto as Exhibit 1. Within three (3) business days of the day on which all conditions set forth in Section 4.1 of the Patent Cross-License Agreement are satisfied, but not before, the Parties shall direct such litigation counsel of record to file the Stipulations of Dismissal with the court(s) in the applicable Actions and take any other actions reasonably necessary to effect such dismissals. Each Party shall provide fully executed originals of the Stipulations of Dismissal to the other Party’s counsel of record to hold in escrow pending completion of the payment called for in Section 4.1 of the Patent Cross-License Agreement, upon which they shall be filed in the respective courts in which the Actions are pending.
Dismissal of Actions. Within two (2) business days after execution of --------------------- this Agreement, SGI shall file a Notice of Dismissal with prejudice of the Action, in the form annexed hereto as Exhibit "D."
Dismissal of Actions a. Cardinal Health, the Company and the Lenders shall file with the Ohio Court a notice of voluntary dismissal of the Ohio Action, with prejudice, substantially in the form of Exhibit 1.5(a) attached hereto.
