Second Amended Complaint Sample Clauses

Second Amended Complaint. 3.1. As part of the Settlement and for purposes of the Settlement only, the Parties agree that Class Counsel shall file, concurrently with Plaintiffs’ motion for preliminary approval of the Settlement, a stipulation (“Stipulation”) allowing the filing of a Second Amended Complaint (“SAC”) asserting additional state law claims and in a form that Xxxxx Fargo has approved (both as to the Stipulation and the SAC).
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Second Amended Complaint. Within ten (10) court days of the date set by the District Court for the Preliminary Approval Hearing, Plaintiffs will file a Stipulated Motion for Leave to File a Second Amended Complaint in the Action (the Second Amended Complaint in the form attached as Exhibit F hereto), seeking certification of a nationwide class and reasserting their original claims against Babolat VS North America, Inc. and adding claims on behalf of a putative nationwide class under California Business and Professions Code Sections 17200 et seq., and 17500, et seq., California Civil Code sections 1750, et seq., as well as breach of express warranty, fraud, and negligent misrepresentation based upon allegations that Babolat VS North America, Inc. falsely advertised and labeled its racquets with GT Technology from January 1, 2009 to the present as containing tungsten when the racquets allegedly did not contain tungsten. The Preliminary Approval Order shall, among other things, grant Plaintiffs’ Motion for Leave to File a Second Amended Complaint and permit the filing of the Second Amended Complaint prior to the stay of the Action taking effect. Plaintiffs will file the Second Amended Complaint on the same day of the District Court’s entry of the Preliminary Approval Order.
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Second Amended Complaint i. Within five (5) business days after the Settlement Effective Date, RTI and Surgalign shall take all necessary steps to dismiss the Second Amended Complaint with prejudice.
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Second Amended Complaint. 52. Within 5 days after the execution of this Settlement Agreement, the Parties will file a joint stipulation with the Court requesting leave for Plaintiff to file the proposed Second Amended Complaint attached as Exhibit B, which adds class action claims and allegations comporting with the scope of the Released Class Claims.
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Related to Second Amended Complaint

  • Second Amendment The Administrative Agent shall have received this Second Amendment, duly executed and delivered by the Borrower, the Required Lenders and the Administrative Agent.

  • First Amendment The Administrative Agent shall have received multiple counterparts as requested of the this First Amendment from each Lender.

  • CHANGE ORDERS AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement, which are required by changes in federal or state law or by regulations, are automatically incorporated without written amendment hereto, and shall become effective on the date designated by such law or by regulation.

  • FIRST AMENDMENT TO LEASE This First Amendment to Lease (this “Amendment”), made as of March 16, 2006, by and between ARE-MA REGION NO. 28, LLC, a Delaware limited liability company (“Landlord”) and ALNYLAM PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”).

  • Amendment of Release Schedule The new release schedule will apply 10 days after the Escrow Agent receives a certificate signed by a director or officer of the Issuer authorized to sign

  • Notice of Issuance, Amendment, Renewal, Extension; Certain Conditions To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Company shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the respective Issuing Lender) to an Issuing Lender selected by it and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, the date of issuance, amendment, renewal or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section 2.04), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the respective Issuing Lender, the Company also shall submit a letter of credit application on such Issuing Lender’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Company shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the aggregate LC Exposure shall not exceed $75,000,000 and, unless otherwise agreed by the applicable Issuing Lender in its sole discretion, the aggregate LC Exposure in respect of Letters of Credit issued by such Issuing Lender shall not exceed such Issuing Lender’s Letter of Credit Commitment and (ii) the total Revolving Credit Exposure shall not exceed the total Revolving Credit Commitments.

  • Separation Agreement and General Release The Company’s obligation to make the Severance Payment or to pay the Salary Continuation is conditioned on Executive’s or his legal representative’s executing a separation agreement and general release of claims related to or arising from Executive’s employment with the Company or the termination of employment, against the Company and its affiliates (and their respective officers and directors) in a form reasonably determined by the Company, which shall be provided by the Company to Executive within five (5) days following the Date of Termination; provided, that, if Executive should fail to execute (or revokes) such release within 60 days following the Date of Termination, the Company shall not have any obligation to provide the Severance Payment or the Salary Continuation. If Executive executes the release within such 60 day period and does not revoke the release within seven (7) days following the execution of the release, the Severance Payment will be made in accordance with Section 4(a)(ii) or the Salary Continuation shall commence at such time, as applicable.

  • AGREEMENT RE-OPENER 46.01 This Agreement may be amended by mutual consent. If either party wishes to amend or vary this Agreement, it shall give to the other party notice in writing of any amendment proposed and the parties shall meet and discuss such proposal not later than one calendar month after receipt of such notice.

  • The Eleventh Amendment The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."

  • COMPLETE AGREEMENT AND WAIVER OF BARGAINING 22.1 This Agreement shall represent the complete Agreement between the Union and the County.

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