Stipulation for Judgment. As a result of the default by defendant DGN Pharmacy, Inc. (“DGN”), of the Settlement Agreement by and between DGN and Plaintiff AmerisourceBergen Drug Corporation (“Plaintiff”), judgment herein shall enter on all counts of Plaintiff’s Complaint against DGN, and Xxxxxxxx Xxxxxxxx, individually as guarantor of DGN’s payment obligations pursuant to the Settlement Agreement, jointly and severally, in the principal amount of $284,763.14, together with interest, late fees in the amount of 0.05% per day from January 3, 2014, attorneys’ fees and all other costs of collection for an aggregate total sum of $91,143.59, for a total aggregate amount of $375,906.73 (the “Judgment Amount”) as of January 13, 2015 (the “Stipulation Date”). The Judgment Amount shall continue to accrue interest, late fees in the amount of 0.05% per day, attorneys’ fees and all other costs on any remaining unpaid balance from the Stipulation Date until paid in full (collectively, the “Additional Costs”). Accordingly, Plaintiff shall be entitled to file an additional application for such Additional Costs and DGN shall similarly be entitled to submit an application seeking an offset of the Judgment Amount only for those undisputed amounts that DGN previously paid to Plaintiff pursuant to the Settlement Agreement. MITTS LAW, LLC By: Xxxxxxx X. Xxxxx, Esquire Attorney I.D. Xx. 00000 0000 Xxxxxx Xxxxxx Philadelphia, PA 19103 (000) 000-0000 (telephone) Attorney for Plaintiff ORLANDO LAW OFFICES, P.C. By: Xxxxxx Xxxxxxx, Xx., Esquire, (Id# 27705) Xxxxxxxxxxx X. Xxxxxxx, Esquire (Id# 310743) 0000 Xx. Xxxxxxxx Xxxxxx, Suite 202 Reading, PA 19606 (000) 000-0000 (telephone) Attorneys for Defendant XXXXXXXX XXXXXXXX (INDIVIDUALLY) By: Xxxxxxxx Xxxxxxxx SO ORDERED: , X.
Stipulation for Judgment. In order to secure payment of Eight Hundred Thousand Dollars ($800,000.00) due and payable under the Amended and Restated Promissory Note as follows: (i) $75,000 on the date hereof, (ii) eleven equal monthly installments of $62,346.00 paid on the 26th day of the month, commencing June 26, 2004, and (iii) all remaining principal and interest on the outstanding principal balance at the rate of six percent (6%) per annum on May 26, 2005 (the "Maturity Date"), all as set forth in the Note, referenced herein and a copy of which is attached hereto, Buyer and PWS shall upon the execution hereof deliver to Roxxxx Xxxxxxxx xf Fixxxx xnd Phxxxxxx, LLP an originally executed Stipulation for Judgment (the " Judgment") (attached hereto as Exhibit "B") that if filed by the Seller shall, at the time of filing be a judgment for the full amount of the Amended and Restated Promissory Note plus all attorneys' fees and costs incurred by Seller to file, execute and enforce the Judgment, less any payment made by Buyer and/or PWS of the principal and interest on the Amended and Restated Promissory Note up to the time of the filing of the Judgment by Seller suitable for filing in Orange County, California, to secure the Payment Obligations. Seller shall and shall require Seller's Attorney to hold the Judgment in trust unless and until a "default" (as defined in the Amended and Restated Promissory Note) occurs under the Amended and Restated Promissory Note. Buyer and Seller acknowledge and agree that in the event of Buyer's "default" under the Amended and Restated Promissory, Seller shall file a Complaint for Breach of Promissory Note in the Superior Court of the State of California, County of Orange, to obtain a case number and immediately thereafter file with that Court the Judgment and immediately take all steps to execute on and enforce the Judgment against Buyer and PWS. Buyer and PWS agree to execute such additional documentation as reasonably requested by Seller, at Seller's expenses, to further Seller's right to and/or facilitate in the Seller's taking action to file (i) the Judgment and/or (ii) a judgment against Buyer and PWS in any amount equal to the total of all sums then due to the Seller under the terms of the Amended and Restated Promissory Note. Seller covenants, agrees and promises not to execute on, enforce, or attempt to collect the Judgment (and refrain from doing so) in any manner or by any process unless and until there has been a default on the Amended and ...
Stipulation for Judgment. The parties have stipulated to a Judgment, (a copy of which is attached hereto and incorporated herein by reference as “Exhibit A”) pursuant to California Code of Civil Procedure, Section 664.6 in favor of WTA Campbell and against Zamba for the sum of $729,300.00, payable as follows:
Stipulation for Judgment. Subject to the execution and delivery of this Agreement by Century, within ninety six (96) hours of delivery of the Agreement executed by Century, Spectrum and Sports Club shall cause its attorneys to execute and
Stipulation for Judgment. Winsonic shall deliver to Plaintiff’s counsel, Xxxx Xxxxxx, a fully executed Stipulation for Judgment that conforms to Exhibit B attached hereto, in favor of Plaintiff, in the amount of $180,000. Plaintiff’s counsel will not file the Stipulation for Judgment; he will hold the Stipulation for Judgment unless and until Winsonic defaults on any obligation set forth in this Agreement. If such a Default occurs, Plaintiff’s counsel may file, on an ex parte basis, the Stipulation for Judgment and commence an enforcement action against Winsonic for entry of judgment calculated in conformance with the terms of the Stipulation for Judgment. If no such Default occurs and all obligations set forth herein are performed, Plaintiff’s counsel shall return the Stipulation for Judgment to Winsonic’s counsel, Xxxxxxx X. Xxxxxxx, within seven (7) days after demand in writing for same by Xxxxxxx. This is not an exclusive remedy; the remedy is cumulative and supplemental to all other remedies.
Stipulation for Judgment. 5. In the event the Stipulated Judgment is entered against Defendant, Plaintiff is entitled to costs and actual attorneys' fees incurred in obtaining and enforcing the Stipulated Judgment against the party or parties against whom judgment is entered, the amount of which may be established by Plaintiff in the declaration submitted in support of any EX PARTE application to enter judgment. Such costs shall include, but shall not necessarily be limited to, all items listed under Section 1033.5(a) and Section 1033.5(b) of the California Code of Civil Procedure in effect on the date of this Settlement Agreement.
Stipulation for Judgment. At the time of executing this Settlement Agreement, Xxxxxxx, Superpumper and SPF shall sign and execute a Stipulation for Entry of Judgment in the new civil action to be commenced by Xxxxxxx, together with a Stipulation for Withholding Filing of an Execution on the stipulated Judgment. The parties hereto expressly acknowledge that the Stipulation for Entry of Judgment and the Stipulation for Withholding Filing of an Execution on Judgment are attached hereto and made a part hereof as Exhibits "F" and "G," and the parties approve the terms and conditions set forth within each separate exhibit. SPF and Superpumper specifically acknowledge their review and approval of all documents which are attached hereto and made a part hereof as exhibits.
Stipulation for Judgment. Upon the execution of this Settlement Agreement, the parties shall execute a Stipulation for Entry of Judgment in the California Action substantially in the form of Exhibit C to this Agreement (the "Stipulation for Judgment"), which shall provide that judgment be entered in favor of Benthos against RJE in the sum of Four Hundred Fifty-Two Thousand Two-Hundred Eighty Three Dollars and 73/100 ($452,283.73), without pre-judgment interest but with post judgment interest, minus the value of the Returned Products retained by Benthos and minus the amount of payments made by RJE to Benthos pursuant to this Agreement. Benthos shall not file the Stipulation for Judgment unless a Default (as defined in the Security Agreement or the Promissory Note) occurs (a "Default"). Upon the occurrence of any Default, Benthos shall be entitled to file the Stipulation for Judgement and apply for Entry of Judgment thereon. As provided above, in any Judgment issued, RJE shall be credited with any payments made to Benthos pursuant to this Agreement, as well as the value of Returned Product retained by Benthos.
