Judgments and Settlements. The Assigned Intellectual Property and, to Seller’s knowledge, the right of any third party licensor to the intellectual property licensed pursuant to the Inbound Technology Agreements, are not subject to any outstanding settlement agreement, order, ruling, decree, judgment, or stipulation preventing their use by Buyer after the Closing Date.
Judgments and Settlements. If, by the terms of: (i) a settlement of any claim against VisiJet or Xxxxxxx, or (ii) a judgment, decree or decision of a court, tribunal or other authority of competent jurisdiction finding that the sale of any of the Products infringed a patent, or violated any other proprietary rights of any third party, and VisiJet is required to compensate or pay damages to such third party, Xxxxxxx will pay all such damages up to the amount paid by VisiJet to Xxxxxxx pursuant to this Agreement. In the event that VisiJet is unable to continue to sell the Product in any country in the Territory due to potential infringement of a third party's rights, Xxxxxxx will, at its sole option and expense: (a) replace or modify the infringing Product so that it becomes non-infringing as long as functionality is not materially and adversely affected; or (b) procure the right to continue manufacturing and selling the Products; or (c) if Xxxxxxx is unable to replace or modify the infringing Product or to procure the right to continue to manufacture and sell the Products on commercially reasonable terms, terminate the Agreement and return to VisiJet a prorated portion of the one million EURO payment required by Section 2.1 above based on the remaining Term of the Agreement at the time of such termination.
Judgments and Settlements. Final judgments or orders for the payment of money are rendered against Borrower, Parent or any Guarantor or Borrower, Parent or any Guarantor settles any claim or lawsuit in the aggregate amount of Fifty Thousand Dollars ($50,000) or more (exclusive of amounts covered by insurance) which are not paid in full within ten (10) Business Days.
Judgments and Settlements. (i) There is entered against the US Borrower or any Subsidiary (A) one or more final judgments or orders for the payment of money in an aggregate amount (as to all such judgments or orders) exceeding the Threshold Amount (to the extent not covered by independent third-party insurance as to which the insurer has been notified of the claim and does not dispute coverage), or (B) any one or more non-monetary final judgments that have, or could reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect and, in either case, (1) enforcement proceedings are commenced by any creditor upon such judgment or order, or (2) there is a period of 15 consecutive days during which a stay of enforcement of such judgment, by reason of a pending appeal or otherwise, is not in effect or (ii) the US Borrower or any Subsidiary enters into or becomes a party to any settlement or settlement agreement with respect to any action, suit, proceeding, claim or dispute against the US Borrower or any Subsidiary or against any of their properties or revenues that has, or could reasonably be expected to have a Material Adverse Effect; or
Judgments and Settlements. Except as provided in Schedule 3.26, the IT Property or IP Rights of the Sellers or the Acquired Subsidiaries or, to Seller's knowledge, the right of any third party licensor to the intellectual property licensed pursuant to the Inbound Technology Agreements, are not subject to any outstanding settlement agreement, order, ruling, decree, judgment, or stipulation preventing their use by Buyer Purchasers in the Business as currently conducted.
Judgments and Settlements. (i) There is entered against the Borrower or any Subsidiary (A) a final judgment or order for the payment of money in an aggregate amount exceeding the Threshold Amount (to the extent not covered by independent third-party insurance as to which the insurer does not dispute coverage), or (B) any one or more non-monetary final judgments that have, or could reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect and, in either case, (1) enforcement proceedings are commenced by any creditor upon such judgment or order, or (2) there is a period of 15 consecutive days during which a stay of enforcement of such judgment, by reason of a pending appeal or otherwise, is not in effect or (ii) the Borrower or any Subsidiary enters into or becomes a party to any settlement or settlement agreement with respect to any action, suit, proceeding, claim or dispute against the Borrower or any Subsidiary or against any of their properties or revenues that has, or could reasonably be expected to have a Material Adverse Effect; or
Judgments and Settlements. A judgment is entered against any Obligor which, together with other outstanding judgments entered against that Obligor and the other Obligors, exceeds in the aggregate $50,000, and remains outstanding and unsatisfied, unbonded or unstayed on the earlier of (a) 30 days after the date of entry of such judgment and (b) three business days before the judgment creditor in whose favor the judgment runs may begin enforcing its rights and remedies under such judgment. One or more of the Obligors enters into any settlement with respect to the IRS Disputes and the Justice Department Dispute which, together with other outstanding settlements entered into by one or more of the Obligors with respect to such matters, exceeds in the aggregate $2,500,000, or if all such settlements are not reasonably satisfactory in form and substance to NBD.
Judgments and Settlements. 54. The cost of awards, judgments, fines, interest, penalties, attorney’s fees, and/or settlements generated by the WORK are considered WORK costs.
Judgments and Settlements. 38 10.11 ERISA............................................................... 38 10.12
Judgments and Settlements. The Parties shall continue to comply with the judgments and orders listed in the recitals herein, issued by the Third Judicial District Court of the State of Nevada in Case 24864 and the terms and conditions of the Settlement Agreement shall be binding on the Parties.
