Dismissal of the Lawsuit. 9.6.1. Upon Final Approval of the Settlement Agreement, the District Court shall dismiss the Lawsuit with prejudice subject to the Court retaining jurisdiction as detailed in Section 10 of this Agreement.
Dismissal of the Lawsuit. On the date hereof, each Member of the Shareholder Group and the Shareholder Group agrees to dismiss with prejudice the Lawsuit and to file the Notice of Dismissal attached hereto as Exhibit "C" and incorporated herein. In addition, each Member of the Shareholder Group, the Shareholder Group, the Company and the Company Group each agree to use their best efforts to cause the pleadings in the Lawsuit to be sealed and agree to file a joint motion to seal such petition.
Dismissal of the Lawsuit. After receipt of this Agreement fully executed by Mauro and Adia and after Mauro and Adia provide to HemaCare all the consideration specified in paragraph 2 above, HemaCare agrees to dismiss the Lawsuit with prejudice and serve on Mauro and Adia a conformed copy of the dismissal.
Dismissal of the Lawsuit. Within seven (7) days of the effective date of this Agreement, the Parties shall cooperate to promptly cause the following to occur: filing of a motion and order to dismiss the Lawsuit with prejudice and the request for timely entry of same by the Court.
Dismissal of the Lawsuit. Within five (5) business days of CHIF’s full and complete performance of Section 2, the Parties agree to jointly submit a Stipulation and Motion for Abatement indicating, among other things, that the Court retains jurisdiction to enforce the Settlement or otherwise enforce the Judgments.
Dismissal of the Lawsuit. Within five (5) business days of NSAV’S full and complete performance of Section 2, the Parties agree to jointly submit a Stipulation and Motion for Abatement indicating, among other things, that the Court retains jurisdiction to enforce the Settlement or otherwise enforce the Judgments.
Dismissal of the Lawsuit a. Within five (5) business days of the date of the execution of an agreement to retain the Independent Monitor, DRM shall prepare, and the Parties shall file, a stipulation for dismissal of the Lawsuit, with prejudice and without any award of costs to either party.
Dismissal of the Lawsuit. Within five (5) business days of receipt of the Initial Payment by FC Global and upon agreement from counsel for DSH to include his e-signature, counsel for FC Global shall execute and file a Stipulation of Dismissal of the Lawsuit, with prejudice, subject only to the Court retaining jurisdiction to enforce the terms of this Agreement pursuant to Federal Rules of Civil Procedure (the “Dismissal”). The Dismissal shall provide that each Party is to bear its own attorney’s fees and costs; notwithstanding the foregoing the Dismissal shall explicitly provide and require that the Court is to retain jurisdiction to enforce the terms of this Agreement and that any aggrieved party hereto may seek to enforce this Agreement pursuant to the settlement of the Lawsuit.
Dismissal of the Lawsuit. The Parties agree that upon complete execution of this Agreement and after receipt of the payment in paragraph 4, above, they agree to take all action necessary to obtain an Order of Dismissal with Prejudice of the Lawsuit. The Order of Dismissal shall also provide that neither of the Parties shall be entitled to any award of attorneys’ fees and costs.
Dismissal of the Lawsuit. 3. On or before 12:00 p.m. on Thursday, May 31, 2018, CS will file the Notice of Nonsuit attached to this Settlement Agreement as Exhibit “A.” Such Notice of Nonsuit provides for dismissal with prejudice of all claims that relate to the Agreement.
