Stipulated Second Amended Complaint Sample Clauses

Stipulated Second Amended Complaint. In connection with the Settlement, and as a condition of the Settlement becoming final, Defendants hereby stipulate to the filing of the Stipulated Second Amended Complaint, attached as Exhibit C to this Agreement. As discussed above, if for any reason the Settlement does not become final, including if Defendants exercise their right to withdraw from this Agreement as set forth in Paragraph 46(e), the Settlement shall become null and void, and the Parties will be returned to the status quo prior to entering into this Agreement with respect to the Action. Accordingly, if the Settlement does not become final, the Parties’ stipulation regarding the filing of the Second Amended Complaint shall also become null and void, and Plaintiff Xxxxxx would be required to move forward with the pre-motion conference regarding his contemplated motion for reconsideration of the Court’s order dismissing the claim, and/or for leave to amend, should he wish to pursue his currently dismissed claim for breach of contract.
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Related to Stipulated 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.

  • Construction of this Amendment; Participation Agreement (a). This Amendment shall be interpreted to be consistent with, and to facilitate compliance with and reliance on, Rule 30e-3 under the 1940 Act and Rule 498A (including paragraph (j) thereof) under the 1933 Act and any interpretations of those Rules by the Securities and Exchange Commission, its staff, courts, or other appropriate legal authorities.

  • 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”).

  • Original Agreement This Agreement amends and restates the Original Agreement in its entirety.

  • Existing Agreement Except as expressly amended herein, the Credit Agreement shall remain in full force and effect, and in all other respects is affirmed.

  • Waiver and Amendments Any waiver, alteration, amendment, or modification of any of the terms of this Agreement shall be valid only if made in writing and signed by each of the parties hereto; provided, however, that any such waiver, alteration, amendment, or modification must be consented to on the Company’s behalf by the Board. No waiver by either of the parties hereto of their rights hereunder shall be deemed to constitute a waiver with respect to any subsequent occurrences or transactions hereunder unless such waiver specifically states that it is to be construed as a continuing waiver.

  • Review and Amendment 1. The Council for TRIPS shall review the implementation of this Agreement after the expiration of the transitional period referred to in paragraph 2 of Article 65. The Council shall, having regard to the experience gained in its implementation, review it two years after that date, and at identical intervals thereafter. The Council may also undertake reviews in the light of any relevant new developments which might warrant modification or amendment of this Agreement.

  • Entirety and Amendments This Agreement embodies the entire agreement between the parties and supersedes all prior agreements and understandings relating to the Property. This Agreement may be amended or supplemented only by an instrument in writing executed by the party against whom enforcement is sought.

  • Waiver and Amendment Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.

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