Right to Bring Action. The Secretary of Labor can enforce the Act in accordance with the FLSA enforcement procedures. In addition, an individual employee can enforce the Act through civil action in any Federal or State court of competent jurisdiction.
Right to Bring Action. Except as set forth below, Purchaser shall have the sole right to send notices and bring and conduct actions in relation to any Infringement. Novartis will co-operate fully with the Purchaser in taking all reasonable steps requested by the Purchaser in connection with any Infringement action, including joining in legal proceedings. The Purchaser shall bear the costs of any such legal proceedings, and shall be entitled to any damages, account of profits and/or awards of costs recovered.
Right to Bring Action. (a) Licensor has the sole right and discretion to prevent or xxxxx any actual or threatened misappropriation or infringement by a third Person relating to the Licensed Patents and Licensed Know-how. Licensor has the right to prosecute any such proceeding in Licensor’s own name. If Licensor brings any such proceeding, upon Licensor’s request Licensee shall provide all reasonable cooperation and assistance required to prosecute such proceedings.
Right to Bring Action. Novartis shall have the right, in its sole discretion, to initiate legal action in respect of any infringement of the LecTec Patent Rights in the Field of Use in the Territory. In any suit against an infringement brought by either party, the prosecuting party shall have the right to control such suit and to join as a party to such suit the other party to the Agreement, and such other party shall reasonably cooperate in any such suit.
Right to Bring Action. As the exclusive licensee under the Colonial Trademarks, Buyer shall have the right to bring any legal action, including but not limited to trademark infringement, against any third party and as such may step into the shoes of Parent or Seller as though Buyer were the owner of such trademarks for purposes of such enforcement actions, any money damages or other remedies which may accrue subsequent to the effective date of this Agreement shall inure to the benefit of Buyer, such rights and remedies which shall inure to the benefit of Parent. The decision to bring or refrain from bringing any such enforcement actions shall be at the sole discretion of Buyer. Seller agrees to provide reasonable cooperation, including evidence, testimony, and the like, to assist Buyer in connection with such enforcement actions.
Right to Bring Action. A Member may bring an action in the right of the Company as provided elsewhere in this Agreement or if the Manager or the Executive Committee has refused to bring an action upon the request of the Member, and each Member on behalf of itself and the Company hereby waives any requirement of the Act to plead with particularity the effort of such Member to secure initiation of the action by the Manager or the Executive Committee. In such event, it shall be sufficient that the Member bringing the derivative action has made demand on the Manager and the Executive Committee and no such action has been filed within thirty (30) days after such demand was made.
Right to Bring Action. One or more Members may bring a legal action in the name of the Company upon a Member Majority Vote, provided, however, that for purposes of this provision, the vote of any Member who has an interest in the outcome of the action that is adverse to the interest of the Company shall be excluded and Member Majority Vote shall mean the affirmative vote, approval or consent, as the case may be, of one or more Members holding greater than fifty percent (50%) of the remaining Interests.
Right to Bring Action. 75 Section 11.11
Right to Bring Action. Notwithstanding anything in this Section 9 or elsewhere in this Agreement to the contrary, prior to the Closing, only the Company, and after the Closing only the Stockholders’ Representative shall have the right, power and authority to commence any action, suit or proceeding by and on behalf of any or all Participating Holders against Parent, Purchaser and their respective Affiliates, including the Surviving Corporation, or any other Parent Indemnitee, and in no event shall any Participating Holder himself, herself or itself have the right to commence any action, suit or proceeding against Parent, Purchaser and their respective Affiliates, including the Surviving Corporation, or any other Parent Indemnitee, in each case other than any such action, suit or proceeding in connection with such Participating Holder’s right to receive its Securities Consideration Fraction of the Merger Consideration.
Right to Bring Action. Except as set forth in Clause 14.3 below, **** shall have the sole right to send notices and bring and conduct actions in relation to any Infringement in the Territory. **** will co-operate fully with **** in taking all reasonable steps requested by **** in connection with any Infringement action, including joining in Legal Proceedings. **** shall bear the costs of any such Legal Proceedings, and **** shall be entitled to any damages, account of profits and/or awards of costs recovered.
