STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT Sample Clauses

STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the “Stipulation”), dated July 29, 2019, which is entered into by and among (i) FrontFour Capital Group LLC (“FFCG”) and FrontFour Master Fund, Ltd. (“FFMF”) (collectively, “Plaintiffs”), on their own behalf and on behalf of the Settlement Class (as defined herein); and (ii) Xxxxx Xxxxx, Xxxx Xxxxx, Xxxx Xxxxxx, Xxxx Xxxxxx, Xxxxx Xxxxxxx-Xxxxxx, Xxxx X. Xxxx, Xxxxxx X. Xxxxxxxx, Xxxxxx Management Inc. (“MDLY”), Medley Capital Corporation (“MCC”), MCC Advisors LLC, Medley Group LLC, and Medley LLC (collectively, “Stipulating Defendants”), by and through their undersigned attorneys, states all of the terms of the settlement and resolution of this matter and is intended by the Parties (as defined herein) to fully and finally release, resolve, compromise, settle and discharge the Released Plaintiffs’ Claims (as defined herein) against the Released Defendant Parties (as defined herein) and the Released Defendants’ Claims (as defined herein) against the Released Plaintiff Parties (as defined herein), subject to the approval of the Court of Chancery of the State of Delaware (the “Court” or “Court of Chancery”).
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STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the “Stipulation”), dated August 30, 2011, which is entered into by and among (i) New Orleans Employees’ Retirement System, Local 542 International Union of Operating Engineers Pension Fund of Eastern Pennsylvania and Delaware, City of Orlando Police Pension Fund, Southeastern Pennsylvania Transportation Authority, City of Orlando Firefighters’ Pension Fund and Xxxxxx Xxxxx (collectively, “Lead Plaintiffs”), on their own behalf and on behalf of the Settlement Class (as defined herein); and (ii) X.Xxxx Group, Inc. (hereafter, “J.Crew” or the “Company”), Xxxxxxx Xxxxxxx (“Xxxxxxx”), Xxxxx Xxxxxxx (“Xxxxxxx”), Xxxxx Xxxxx (“House”), Xxxxxxx Xxxxxxx (“Xxxxxxx”), Xxxxxx Xxxxx (“Xxxxx”), Xxxx Xxx Xxxxxx (“Casati”), Xxxx Xxxxxx (“Xxxxxx”), Xxxxxx Xxxxx-Xxxx (“Grand-Xxxx”), Xxxxxxx Xxxxxx (“Xxxxxx”), Xxxxx Xxxxxx (“Xxxxxx”), TPG Capital, L.P., TPG Partners, VI, L.P. (together with TPG Capital, L.P., “TPG”), Xxxxxxx Xxxxx & Partners, L.P. (“Xxxxxxx Xxxxx”), Chinos Holdings, Inc. (“Chinos Holdings”) and Chinos Acquisition Corporation (“Chinos Acquisition”) (collectively, “Defendants”), by and through their undersigned attorneys, states all of the terms of the settlement and resolution of this matter and is intended by the Parties to fully and finally release, resolve, remise, compromise, settle and discharge the Released Plaintiffs’ Claims (as defined herein) against the Released Defendant Parties (as defined herein) and the Released Defendants’ Claims (as defined herein) against the Released Plaintiff Parties (as defined herein), subject to the approval of the Court of Chancery of the State of Delaware (the “Court”). All undefined terms below with initial capitalization shall have the meanings ascribed to them in paragraph 1 below.
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STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the "Stipulation" or "Settlement") is entered into between the plaintiffs in the above-captioned consolidated adversary proceedings (the "Bankruptcy Court Action") and civil action (the "District Court Action") (collectively, the "Actions") now pending in the United States Bankruptcy Court for the District of Massachusetts (the "Bankruptcy Court") and the United States District Court for the District of Massachusetts (the "District Court"), respectively, and Sears, Xxxxxxx and Co. ("Sears"), subject to the approval of the Bankruptcy Court and the District Court as provided for below:
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STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the “Stipulation”), dated July 6, 2011, which is entered into between (i) plaintiffs Buttonwood Tree Value Partners, LP (“Buttonwood”), (ii) I. Wistar Xxxxxx, III, I. Wistar Xxxxxx, III IRA, the Cotswold Foundation Trust, and I. Wistar Xxxxxx, III 401-K Plan (the “Xxxxxx Plaintiffs,” and together with Buttonwood, the “Class Representatives”), on their own behalf and on behalf of the Settlement Class, as defined herein, (iii) the Xxxxx Xxxxxx Xx. Trust, the Xxxxxxx X. Xxxxxx Trust 1990 GST Trust UA 11/15/1990, the Xxxxx X. Xxxxxx Revocable Trust, the X. Xxxxxx Charitable Trust FBO X. Xxxxxx, the Xxxxxxx X. Xxxxxx Trust, the Xxxxx Xxxxxx 1990 Trust and the Xxxxxxxx Xxxxxx 1990 Trust (the “Dragge Plaintiffs”), and (iv) the 1974 Xxxxxxx X. Xxxxx Trust, the 1974 Xxxxxxx Xxxxxx Charitable Trust FBO Xxxxxxx X. Xxxxx, the Xxxxxxx X. Xxxxx Revocable Trust, the Xxxxxxx Xxxxx Xxxxxx 1990 GST Trust FBO Xxxxxxx Xxxxx, the Xxxx Xxxxx 1990 Trust, the Xxxxxxxxx Xxxxx 1990 Trust, the Xxxxxxx Xxxxx Xxxxxx 1990 Trust FBO Xxxxx X. Xxxxxx, the Xxxxxxx X. Xxxxxx Charitable Trust FBO Xxxxx X. Xxxxxx UAD 12/20/74, and the Xxxxx X. Xxxxxx Trust UAD 11/13/74 (the “Icaza Plaintiffs,” and together with the Dragge Plaintiffs and the Class Representatives, the “Plaintiffs”); (v) defendants Xxxxx Investment Company (“SICO”), Xxxxx Investment Company LLC (“SPINCO”), (vi) Xxxxxx X. Xxxxxxxx XX, and Xxxxxx X. Xxxx (the “Special Committee Defendants”), (vii) Xxxxx X. Xxxxx, Xxxxxx X. Xxxxx, Xxxxxx X. Xxxxx XXX, Xxxx X. Xxxxx and the Xxxxx Family Voting Trust (the “Xxxxx Defendants” and, together with SICO, SPINCO and the Special Committee Defendants, the “Defendants”); and (viii) Great American Insurance Company (“GAIC”), by and through their undersigned attorneys, together with the Settlement Agreement, as defined herein, state all of the terms of the settlement and resolution of this matter (the “Settlement”) and is intended by the Parties, as defined herein, to fully and finally compromise, resolve, discharge and settle the Released Claims, as defined herein, subject to the approval of the Wisconsin Court, as defined herein:
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STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the “Stipulation”), dated December 6, 2017, is entered into by and among the following Parties in the Action: (i) Xxxxx Xxxxx (“Plaintiff”), on behalf of himself and all other members of the Class, and (ii) Defendants Galena Biopharma, Inc. (“Galena” or the “Company”), Xxxxxxx X. Xxxxxx, Xxxxxxx Xxxx, Xxxxxxx Xxxx, Xxxxxx Xxxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxx Xxxxxxxxx, Xxxx Xxx Xxxx, Xxxx X. Xxxxxxxx and Xxxxxxx X. Xxxxxxxxx (collectively, the “Defendants”). This Stipulation sets forth all of the terms of the settlement and resolution of this matter and is intended by Plaintiff and Defendants to fully and finally release, resolve, remise, compromise, settle and discharge the Released Plaintiff’s Claims against the Released Defendant Persons and the Released Defendants’ Claims against the Releasing Plaintiff Persons, subject to the approval of the Court of Chancery of the State of Delaware (the “Court”), without any admission or concession as to the merits of any claim or defense by the Parties. All terms herein with initial capitalization shall, unless defined elsewhere in this Stipulation, have the meanings ascribed to them in Paragraph 1 below.
Sample 1
STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the “Settlement Agreement” or the “Stipulation”), dated May 8, 2013, which is entered into between and among (i) plaintiffs Harold L. Xxxxxxx (“Xxxxxtz”) xxx Xames R. Xxxxxx (“Xxxxxl”) (xxxxectively, “Plaintiffs”), on their own behalf and on behalf of the Class (defined below), and (ii) defendants CNX Gas Corporation (“CNX Gas” or the “Company”), CONSOL Energy Inc. (“CONSOL”), J. Brett Xxxxxx (“Harvey”), Xxxxip W. Xxxxxx (“Xxxxxr”), xxx Raj K. Gxxxx (“Xxxxx”) (xxxxectively, “Defendants”), by and through their undersigned attorneys, states all of the terms of the settlement and resolution of the Consolidated Action (defined below) and is intended by the parties to this Stipulation (the “Parties”) to fully and finally compromise, resolve, discharge and settle the Released Claims (defined below) subject to the approval of the Court of Chancery of the State of Delaware (the “Court”): Background of the Settlement
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Related to STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT

  • Defense and Settlement The Receiver shall have the right, in its discretion, to (i) defend or settle any claim or suit against the Assuming Institution with respect to which the Receiver has indemnified the Assuming Institution in the same manner and to the same extent as provided in Article XII, and (ii) defend or settle any claim or suit against the Assuming Institution with respect to any Liability Assumed, which claim or suit may result in a loss to the Receiver arising out of or related to this Agreement, or which existed against the Failed Bank on or before the Bank Closing Date. The exercise by the Receiver of any rights under this Section 9.3(a) shall not release the Assuming Institution with respect to any of its obligations under this Agreement.

  • Modification of Settlement Agreement 9.1 Any modification to this Settlement Agreement shall be in writing and signed by the Parties.

  • Enforcement of Settlement Agreement 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and

  • EXECUTION OF SETTLEMENT AGREEMENT 37. This Settlement Agreement may be signed in one or more counterparts which together shall constitute a binding agreement.

  • Settlement Agreement Respondent understands that Respondent has the right to a formal adjudicatory hearing concerning this matter and that at said hearing Respondent would possess the right to confront and cross-examine witnesses, to call witnesses, to present evidence, to testify on Respondent’s own behalf, to contest the allegations, to present oral argument, and to appeal to the courts. Further, Respondent fully understands the nature, quality, and dimensions of these rights. Respondent understands that by signing this Settlement Agreement,

  • Governing Law and Settlement of Disputes 8.1 The execution, validity, interpretation, performance, implementation, termination and settlement of disputes of this Agreement shall be governed by the laws of PRC.

  • FAILURE TO HONOUR SETTLEMENT AGREEMENT 32. If this Settlement Agreement is accepted by the Hearing Panel and, at any subsequent time, the Respondent fails to honour any of the Terms of Settlement set out herein, Staff reserves the right to bring proceedings under section 24.3 of the By-laws of the MFDA against the Respondent based on, but not limited to, the facts set out in Part IV of the Settlement Agreement, as well as the breach of the Settlement Agreement. If such additional enforcement action is taken, the Respondent agrees that the proceeding(s) may be heard and determined by a hearing panel comprised of all or some of the same members of the hearing panel that accepted the Settlement Agreement, if available.

  • Defense and Settlement of Third Party Claims (i) The Indemnifying Person shall have 30 days (or such lesser number of days set forth in the Claim Notice as may be required by court proceedings in the event of a litigated matter) after receipt of the Claim Notice (the “Notice Period”) to notify the Indemnified Person that it desires to assume the defense of the Indemnified Person against the Third-Party Claim specified in such Claim Notice. In the event that the Indemnifying Person notifies the Indemnified Person within the Notice Period that it desires to defend the Indemnified Person against any Third-Party Claim, the Indemnifying Person shall have the right to defend the Indemnified Person by appropriate proceedings and shall have the sole power to direct and control such defense at its expense. Once the Indemnifying Person has duly assumed the defense of such Third-Party Claim, the Indemnified Person shall have the right, but not the obligation, to participate in any such defense and to employ separate counsel of its choosing. The Indemnified Person shall participate in any such defense at its expense (which expense shall not constitute a Loss) unless the Indemnifying Person and the Indemnified Person are both named parties to the proceedings and the Indemnified Person shall have reasonably concluded, based on the written advice of counsel, that representation of both parties by the same counsel would be inappropriate due to actual or potential differing material interests between them. The Indemnifying Person shall not, without the prior written consent of the Indemnified Person, settle, compromise or offer to settle or compromise any Third-Party Claim; provided, however, that no such prior written consent of the Indemnified Person shall be required to any proposed settlement that involves only the payment of money by the Indemnifying Person, includes as an unconditional term thereof the granting by the person asserting such claim or bringing such action of an unconditional release from liability to all Indemnified Parties with respect to such claim; such proposed settlement is not dispositive with respect to other claims that may be made by any Indemnified Person; no injunctive or equitable is entered against any Indemnified Person; that the proposed settlement contains no requirement for a press release or other public statement that would likely have a negative impact on any Indemnified Person; and the proposed settlement does not include any admission of culpability.

  • PAYMENT AND SETTLEMENT You shall deliver to the Manager on the date and at the place and time specified in the applicable AAU (or on such later date and at such place and time as may be specified by the Manager in a subsequent Wire) the funds specified in the applicable AAU, payable to the order of Xxxxxxx Xxxxx Xxxxxx Inc., for (i) an amount equal to the Offering Price plus (if not included in the Offering Price) accrued interest, amortization of original issue discount or dividends, if any, specified in the Prospectus or Offering Circular, less the applicable Selling Concession in respect of the Firm Securities to be purchased by you, (ii) an amount equal to the Offering Price plus (if not included in the Offering Price) accrued interest, amortization of original issue discount or dividends, if any, specified in the Prospectus or Offering Circular, less the applicable Selling Concession in respect of such of the Firm Securities to be purchased by you as shall have been retained by or released to you for direct sale as contemplated by Section 3.6 hereof or (iii) the amount set forth or indicated in the applicable AAU, as the Manager shall advise. You shall make similar payment as the Manager may direct for Additional Securities, if any, to be purchased by you on the date specified by the Manager for such payment. The Manager will make payment to the Issuer or Seller against delivery to the Manager for your account of the Securities to be purchased by you, and the Manager will deliver to you the Securities paid for by you which shall have been retained by or released to you for direct sale. If the Manager determines that transactions in the Securities are to be settled through the facilities of DTC or other clearinghouse facility, payment for and delivery of Securities purchased by you shall be made through such facilities, if you are a member, or, if you are not a member, settlement shall be made through your ordinary correspondent who is a member.

  • Application of Settlement Agreement 10.1 This Settlement Agreement shall apply to, be binding upon, and inure to the benefit of, CAG and the Releasees and Downstream Releasees identified in Section 2 above.

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