Common use of Lawsuits; Settlements Clause in Contracts

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company consults with Acquirer prior to the filing of such a suit) or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it consults with Acquirer prior to the filing of such a suit) or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it consults with Acquirer Acquiror prior to the filing of such a suit) ), or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it consults with Acquirer prior to the filing of such a suit) ), or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (Ai) for the routine collection of bills, (Bii) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company consults with Acquirer prior to the filing of such a suit) business, or (Ciii) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other disputeAgreement;

Lawsuits; Settlements. (i) Commence a lawsuit or legal proceeding, other than (A) for the routine collection of bills, (B) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it consults with Acquirer Purchaser prior to the filing of such a suit) ), or (C) for a breach of this Agreement Agreement; or (ii) settle or agree to settle any pending or threatened lawsuit lawsuit, legal proceeding or other dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company consults with Acquirer Purchaser prior to the filing of such a suit) or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company consults with Acquirer Buyer prior to the filing of such a suit) or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other disputedispute except for routine, immaterial matters in the ordinary course of business;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company consults with Acquirer prior to the filing of such a suit) or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other disputedispute or amend or terminate any settlement agreement in effect on the Agreement Date, including the Settlement Agreement;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it consults with Acquirer Parent prior to the filing of such a suit) or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it consults with Acquirer prior to the filing of such a suit) or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business or assets (provided that the Company it consults with Acquirer Buyer prior to the filing of such a suit) ), or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute, except for any settlement concerning the routine collection of bills;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company consults with Acquirer prior to the filing of such a suit) or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;dispute unless such settlement involves only the payment of monies not in excess of $10,000,000 in the aggregate;

Lawsuits; Settlements. (i) Commence a lawsuit other than (Aa) for the routine collection of bills, (Bb) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it consults with Acquirer Acquiror prior to the filing of such a suit) ), or (Cc) for a breach of matters arising under or in connection with this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other significant dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A1) for the routine collection of bills, (B2) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it consults with Acquirer Acquiror prior to the filing of such a suit) ), or (C3) for a breach of this Agreement Agreement, or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it consults with Acquirer Purchaser prior to the filing of such a suit) ), or (C) for a breach of this Agreement Agreement; or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company consults with Acquirer Acquiror prior to the filing of such a suit) or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it consults with Acquirer Parent prior to the filing of such a suit) ), or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute, other than those involving (X) the routine collection of bills or (Y) a breach of this Agreement;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it consults with Acquirer Purchaser prior to the filing of such a suit) or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (i) Commence a lawsuit lawsuit, other than (A) for the routine collection of bills, (B) in such cases where the Company Company, in good faith and in consultation with legal counsel, determines that failure to commence suit would result in the material impairment of a valuable aspect of its the business of the Company (provided that the Company consults with Acquirer the Purchaser prior to the filing of such a suit) or (C) for a breach of this Agreement Agreement; or (ii) settle or agree to settle any pending or threatened lawsuit or other material dispute;.

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company consults with Acquirer prior to the filing of such a suit) or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other disputedispute except for routine, immaterial matters in the ordinary course of business;

Lawsuits; Settlements. (i) Commence a lawsuit other than (Ai) for the routine collection of billsa breach of, or with respect to enforcement of, this Agreement or (Bii) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company consults with Acquirer prior business, but subject in such cases to the filing of such a suit) prior consultation with Acquiror; or (C) for a breach of this Agreement or (ii) settle or agree to settle any litigation to which the Company is a party to which is pending as of the Agreement Date or threatened lawsuit or other disputecommenced thereafter;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company consults with Acquirer prior to it notifies Parent promptly (but in no event later than five (5) days) following the filing of such a suit) or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A1) for the routine collection of bills, (B2) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it consults with Acquirer Acquiror prior to the filing of such a suit) ), or (C3) for a breach of this Agreement Agreement, or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;; Table of Contents

Lawsuits; Settlements. (i) Commence a lawsuit other than (Ai) for the routine collection of bills, (Bii) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company consults with Acquirer prior to the filing of such a suit) business, or (Ciii) for a breach of this Agreement, the Merger Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other disputethe Development Agreement;

Lawsuits; Settlements. (iA) Commence Commenced a lawsuit other than (A1) for the routine collection of bills, ; (B2) in such cases where the Company in good faith determines determined that failure to commence suit would result in the material impairment of a valuable aspect of its business business; (provided that the Company consults 3) in excess of $25,000 with Acquirer prior respect to the filing of such a suit) or amount in controversy; (C4) for a breach of this Agreement Agreement; or (iiB) settle settled or agree agreed to settle any material pending or threatened lawsuit or other material dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (business; provided that the Company it consults with Acquirer prior to the filing of such a suit) suit or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;.

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it consults with Acquirer Acquiror prior to the filing of such a suit) ), or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other disputedispute ;

Lawsuits; Settlements. (i) Commence a lawsuit other than than: (A) for the routine collection of bills, ; (B) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company consults with Acquirer Parent prior to the filing of such a suit) ); or (C) for a breach of this Agreement Agreement; or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it reasonably consults with Acquirer prior to the filing of such a suit) or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other disputedispute for an amount greater than $100,000;

Lawsuits; Settlements. (iA) Commence a lawsuit other than (A1) for the routine collection of bills, (B2) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it consults with Acquirer prior to the filing of such a suit) ), or (C3) for a breach of this Agreement or (iiB) settle or agree to settle any pending or threatened lawsuit or other disputedispute except to the extent set forth on Schedule 4.2(xix) of the Company Disclosure Letter;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company consults with Acquirer prior to the filing of such a suit) or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other disputedispute unless such settlement involves only the payment of monies not in excess of $10,000,000 in the aggregate;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided provided, that the Company consults with Acquirer Parent prior to the filing of such a suit) or (C) for a breach of this Agreement or the Transaction Documents or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;.

Lawsuits; Settlements. (iI) Commence Commenced a lawsuit other than (A1) for the routine collection of bills, bills or (B2) in such cases where the Company it in good faith determines determined that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company consults with Acquirer prior to the filing of such a suit) or (CII) for a breach of this Agreement settled or (ii) settle or agree agreed to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A1) for the routine collection of bills, (B2) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it consults with Acquirer Target prior to the filing of such a suit) ), or (C3) for a breach of this Agreement Agreement, or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (iA) Commence a any material lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company consults with Acquirer Parent prior to the filing of such a suit) or (C) for a breach of this Agreement or the transactions contemplated under this Agreement or (iiB) settle or agree to settle any pending or pending, threatened in writing or, to the knowledge of the Company, otherwise threatened lawsuit or other disputedispute in an amount in excess of USD 500,000;

Lawsuits; Settlements. Except to the extent covered by insurance or in respect of claims below the Threshold Amount, (i) Commence commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided provided, however, that the Company it consults with Acquirer Acquiror prior to the filing of such a suit) ), or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company consults with Acquirer prior to the filing of such a suit) or (CB) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it consults with Acquirer Purchaser prior to the filing of such a suit) ), or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (i) Commence a lawsuit other than (A) for the routine collection of bills, (B) in such cases where the Company or the Israeli Subsidiary in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it consults with Acquirer Purchaser prior to the filing of such a suit) ), or (C) for a breach of this Agreement or (ii) settle or agree to settle any pending or threatened lawsuit or other dispute;

Lawsuits; Settlements. (iA) Commence a lawsuit other than (A1) for the routine collection of bills, (B2) in such cases where the Company it in good faith determines that failure to commence suit would result in the material impairment of a valuable aspect of its business (provided that the Company it consults with Acquirer Acquiror prior to the filing of such a suit) ), or (C3) for a breach of this Agreement or (iiB) settle or agree to settle any pending or threatened lawsuit or other dispute;