Settlement Agreement Sample Contracts

Waiver and Amendment to Settlement Agreement (February 15th, 2018)

This WAIVER AND AMENDMENT dated as of February 12, 2018 (the "Waiver and Amendment") among AMBAC ASSURANCE CORPORATION, a Wisconsin-domiciled insurance company ("AAC"), AMBAC CREDIT PRODUCTS, LLC, a Delaware limited liability company ("ACP"), AMBAC FINANCIAL GROUP, INC., a Delaware corporation ("AFGI"), and the other signatories hereto (collectively, the "Parties").

Biota Pharmaceuticals Inc. – Settlement Agreement (February 9th, 2018)

This Settlement Agreement (the "Agreement"), dated this 9th day of February, 2018 (the "Effective Date"), is by and among Digirad Corporation ("Digirad") and East Hill Management Company, LLC ("East Hill" and together with Digirad, the "CAS Group"), Aviragen Therapeutics, Inc. ("Aviragen") and Vaxart, Inc. ("Vaxart").

Blow & Drive Interlock Corp – Settlement Agreement (February 9th, 2018)

This Settlement Agreement (this "Agreement") is made and entered into as of January 21, 2018, by and between Blow & Drive Interlock Corporation, a Delaware corporation ("BDIC"), and J C Lopez/BDI Interlock, LLC ("Lopez") (collectively BDIC and Lopez are referred to herein as the "Parties").

Team, Inc. – Settlement Agreement (February 9th, 2018)

This SETTLEMENT AGREEMENT is made and entered into as of February 8, 2018 (this "Agreement") by and among Team, Inc., a Delaware corporation (the "Company"), and Engine Capital, L.P. (together with the entities and natural persons listed on the signature page to this Agreement, "Engine" or the "Investors"). The Company and the Investors are referred to in this Agreement as the "Parties."

Biota Pharmaceuticals Inc. – Settlement Agreement (February 9th, 2018)

This Settlement Agreement (the "Agreement"), dated this 9th day of February, 2018 (the "Effective Date"), is by and among Digirad Corporation ("Digirad") and East Hill Management Company, LLC ("East Hill" and together with Digirad, the "CAS Group"), Aviragen Therapeutics, Inc. ("Aviragen") and Vaxart, Inc. ("Vaxart").

Connecticut Water Service, Inc. – Approve Settlement Agreement (February 7th, 2018)

The Connecticut Water Company ("CWC" or the "Company"), hereby requests, pursuant to Sections 4-181a, 16-9 and 16-19 of the Connecticut General Statutes, that the Public Utilities Regulatory Authority ("PURA" or the "Authority") reopen Docket No. 09-12-11, Application of The Connecticut Water Company to Amend Rate Schedules, for the limited purpose of approving a settlement agreement negotiated by and between the Company and Consumer Counsel Elin Swanson Katz ("Consumer Counsel") attached hereto as Exhibit A (the "Settlement Agreement"). The Settlement Agreement contemplates a change in customer rates effective for bills rendered on and after April 1, 2018 made up of the following two components: (1) the revenue requirements associated with a $36.3 million addition to rate base to reflect necessary upgrades to the Company's Rockville Water Treatment Facility; and (2) the folding in to base rates of the Company's present Water Infrastructure Conservation Adjustment ("WICA"). Both comp

Settlement Agreement (January 22nd, 2018)

THIS SETTLEMENT AGREEMENT (this "Settlement Agreement") is made and entered into as of January 21, 2018 (the "Effective Date") by and between ANHEUSER-BUSCH INBEV SA/NV, a public company organized under the laws of Belgium ("ABI"), and MOLSON COORS BREWING COMPANY, a Delaware corporation ("MCBC"). ABI and MCBC are referred to herein as a "Party" and collectively as the "Parties". Capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms in the Purchase Agreement (as defined below).

Monaker Group, Inc. – Settlement Agreement (January 5th, 2018)

This Settlement Agreement (this "Agreement") is made by and between Monaker Group, Inc., a Nevada Corporation ("Monaker"), on the one hand, and RealBiz Media Group, Inc., a Delaware Corporation ("RealBiz") and American Stock Transfer & Trust Company, LLC, a New York limited liability trust company ("AST"), on the other hand, and is further joined by NestBuilder.com Corp., a Nevada Corporation ("NestBuilder"), and entered into as of the date of the signature of the last party to sign it (the "Effective Date").

Advanced Emissions Solutions, Inc. – Termination of Certain Obligations Under Settlement Agreement Regarding Ada-Es' Indemnity Obligations (January 4th, 2018)

This Termination of Certain Obligations under Settlement Agreement Regarding ADA-ES' Indemnity Obligations (this "Agreement") is entered into as of December 29, 2017 (the "Effective Date"), by and among (1) Advanced Emissions Solutions, Inc., a Delaware limited liability company ("AES"), ADA-ES, Inc., a Colorado corporation ("ADA-ES"), and ADA Environmental Solutions, LLC, a Colorado limited liability company ("Environmental Solutions") (collectively, and including their respective successors and assigns, "ADA"), (2) ADA Carbon Solutions, LLC, a Delaware limited liability company ("ACS"), ADA Carbon Solutions (Red River), LLC, a Delaware limited liability company, Crowfoot Supply Company, LLC, a Delaware limited liability company, and Five Forks Mining, LLC, a Delaware limited liability company (collectively, and including their respective successors and assigns, the "AC Venture Defendants"), and (3) Energy Capital Partners, LLC, a Delaware limited liability company, Energy Capital Pa

Owens Realty Mortgage, Inc. – Settlement Agreement (January 4th, 2018)

This SETTLEMENT AGREEMENT (this "Agreement") is made and entered into as of December 29, 2017, by and among Freestone Opportunity Partners LP ("FOP"), Freestone Opportunity Qualified Partners LP ("FOQP"), Freestone Investments LLC, Freestone Capital Management, LLC, Freestone Capital Holdings, LLC, Erik Morgan and Gary I. Furukawa (collectively, the "Investors") and Owens Realty Mortgage, Inc., a Maryland corporation (the "Company") (each of the Investors and the Company, a "Party" to this Agreement, and collectively, the "Parties").

Owens Realty Mortgage, Inc. – Settlement Agreement (January 3rd, 2018)

This SETTLEMENT AGREEMENT (this "Agreement") is made and entered into as of December 29, 2017, by and among Freestone Opportunity Partners LP ("FOP"), Freestone Opportunity Qualified Partners LP ("FOQP"), Freestone Investments LLC, Freestone Capital Management, LLC, Freestone Capital Holdings, LLC, Erik Morgan and Gary I. Furukawa (collectively, the "Investors") and Owens Realty Mortgage, Inc., a Maryland corporation (the "Company") (each of the Investors and the Company, a "Party" to this Agreement, and collectively, the "Parties").

Settlement Agreement (December 29th, 2017)

This agreement (Settlement Agreement) is made and entered into this 29th day of December, 2017 (the Execution Date), by and between American Gypsum Company LLC (AG), Eagle Materials Inc. (Eagle), New NGC, Inc. (NGC) and PABCO Building Products, LLC (PABCO) (collectively, Settling Defendants) and the Direct Purchaser Plaintiffs (Plaintiffs), individually and on behalf of a class of direct purchasers of Wallboard, as defined below.

Settlement Agreement (December 14th, 2017)

This Settlement Agreement (this "Agreement") is entered into as of December 8, 2017 (the "Effective Date") by and among UAHC Ventures LLC, a Nevada limited liability company ("Lender"), MGT Capital Investments, Inc., a Delaware corporation ("Company"), and MGT Mining Two, Inc., a Delaware corporation ("Mining Sub", and together with Company, "Borrower"). Capitalized terms used in this Agreement without definition shall have the meanings given to them in the Note (defined below). Each of Borrower and Lender is sometimes referred to herein individually as a "Party" and collectively as the "Parties."

Settlement Agreement (December 14th, 2017)

This Settlement Agreement (this "Agreement") is entered into as of December 8, 2017 (the "Effective Date") by and among Iliad Research and Trading, L.P., a Utah limited partnership ("Lender"), MGT Capital Investments, Inc., a Delaware corporation ("Company"), and MGT Mining One, Inc., a Delaware corporation ("Mining Sub", and together with Company, "Borrower"). Capitalized terms used in this Agreement without definition shall have the meanings given to them in the Note (defined below). Each of Borrower and Lender is sometimes referred to herein individually as a "Party" and collectively as the "Parties."

Settlement Agreement Between First Sentry Bank, Inc., First Sentry Bancshares, Inc., Wesbanco, Inc., Wesbanco Bank, Inc. And Richard D. Hardy (December 13th, 2017)
Georgia Power Co – Amendment No. 1 to Settlement Agreement (December 11th, 2017)

This AMENDMENT NO. 1 TO SETTLEMENT AGREEMENT (this "Amendment") is entered into as of the 8th day of December, 2017 (the "Effective Date"), by and among Toshiba Corporation, a Japanese corporation ("Toshiba"), and Georgia Power Company, a Georgia corporation ("Georgia Power"), Oglethorpe Power Corporation (An Electric Membership Corporation), an electric membership corporation formed under the Laws of the State of Georgia ("OPC"), Municipal Electric Authority of Georgia, a public body corporate and politic and an instrumentality of the State of Georgia ("MEAG"), MEAG Power SPVJ, LLC, a Georgia limited liability company ("MEAG Power SPVJ"), MEAG Power SPVM, LLC, a Georgia limited liability company ("MEAG Power SPVM"), MEAG Power SPVP, LLC, a Georgia limited liability company (together with MEAG Power SPVJ and MEAG Power SPVM, the "MEAG SPVs"), and The City of Dalton, Georgia, an incorporated municipality in the State of Georgia acting by and through its Board of Water, Light and Sinking

Hydra Industries Acquisition Corp. – WITHOUT PREJUDICE Dated 21 September 2017 Inspired Gaming (UK) Ltd - And - David G Wilson SETTLEMENT AGREEMENT (December 4th, 2017)
Hydra Industries Acquisition Corp. – WITHOUT PREJUDICE Dated 21 September 2017 Inspired Gaming (UK) Ltd - And - Steven J Holmes SETTLEMENT AGREEMENT (December 4th, 2017)
Settlement Agreement With Mutual Releases (December 1st, 2017)

This Settlement Agreement with Mutual Releases ("Agreement"), made effective this 30th day of November 2017 ("Effective Date"), is by and between MagneGas Corporation ("MagneGas"), maintaining its principal place of business at 11885 44th Street N., Clearwater, Florida, and Alpha Capital Anstalt ("Alpha"), maintaining its principal place of business at Pradafant 7, LI-9490 Vaduz, Furstentum Liechtenstein.

Settlement Agreement (November 28th, 2017)

This Settlement Agreement (this "Agreement") is made and entered into as of November 27, 2017, by and among Peregrine Pharmaceuticals, Inc. (the "Company") and the entities and natural persons listed on Exhibit A hereto (collectively, the "Ronin Group") (each of the Company, on the one hand, and the Ronin Group, on the other hand, a "Party" to this Agreement, and collectively, the "Parties").

Settlement Agreement (November 8th, 2017)
Settlement Agreement (November 2nd, 2017)

This Settlement Agreement ("Agreement") is entered into among the United States of America, acting through the United States Department of Justice and on behalf of the Office of Inspector General ("OIG-HHS") of the Department of Health and Human Services (HHS) (collectively, the "United States"), VITAS Hospice Services, L.L.C., VITAS Healthcare Corporation, VITAS Healthcare Corporation of California, VITAS Healthcare Corporation of Illinois, VITAS Healthcare Corporation of Florida, VITAS Healthcare Corporation of Ohio, VITAS Healthcare Corporation of Atlantic, VITAS Healthcare of Texas, L.P., VITAS Healthcare Corporation Midwest, VITAS Healthcare Corporation of Georgia (collectively, "VITAS"), and Chemed Corporation (collectively, "Defendants"), and Laura Spottiswood, Barbara Urick, and Charles Gonzales (collectively the "Relators") (hereafter collectively referred to as the "Parties"), through their authorized representatives.

Clifton Bancorp Inc. – Settlement Agreement (November 2nd, 2017)

This Settlement Agreement (the Agreement) is entered into as of November 1, 2017 by and among Paul M. Aguggia (the Executive), Kearny Financial Corp., a savings and loan holding company (Buyer), Kearny Bank, a wholly-owned subsidiary of Buyer (Buyer Bank), Clifton Bancorp Inc., a savings and loan holding company (Seller), and Clifton Savings Bank, a wholly-owned subsidiary of Seller (Seller Bank).

Clifton Bancorp Inc. – Settlement Agreement (November 2nd, 2017)

This Settlement Agreement (the Agreement) is entered into as of November 1, 2017 by and among Paul M. Aguggia (the Executive), Kearny Financial Corp., a savings and loan holding company (Buyer), Kearny Bank, a wholly-owned subsidiary of Buyer (Buyer Bank), Clifton Bancorp Inc., a savings and loan holding company (Seller), and Clifton Savings Bank, a wholly-owned subsidiary of Seller (Seller Bank).

Omeros Corp. – Settlement Agreement (October 5th, 2017)

Par Sterile Products, LLC, a Delaware limited liability company, and Par Pharmaceutical, Inc., a Delaware corporation (collectively, Par). Omeros and Par are each sometimes referred to herein individually as a Party and are referred to collectively as the Parties.

Potbelly Corp – Settlement Agreement (October 5th, 2017)

This Settlement Agreement (this Agreement) is made by and between Potbelly Corporation (the Company), on the one hand, and Ancora Advisors, LLC (Ancora), Ancora Catalyst Fund LP, Merlin Partners LP and Frederick DiSanto (collectively, the Ancora Parties and individually a Member of the Ancora Parties) on the other hand, on behalf of themselves and their respective Affiliates (as defined below) (the Company and the Ancora Parties together, collectively, the Parties).

Wright Medical Group N.V. – SECOND SETTLEMENT AGREEMENT Between Wright Medical Technology, Inc. And the Counsel Listed on the Signature Pages Hereto Dated as of October 3, 2017 (October 4th, 2017)

This second settlement agreement (Second Settlement Agreement or Settlement Agreement within this document) is made and entered into this 3rd day of October, 2017 (the Effective Date), between (i) Wright Medical Technology, Inc. (Wright Medical) and (ii) Plaintiffs Co-Lead Counsel appointed by the Hon. William S. Duffey in MDL No. 2329 (the MDL) and Plaintiffs Co-Lead Counsel appointed by the Hon. Jane Johnson in JCCP No. 4710 (the JCCP) (referred to collectively as Plaintiffs Counsel) (Plaintiffs Counsel and Wright Medical each a Party and collectively referred to as the Parties).

Wright Medical Group N.V. – THIRD SETTLEMENT AGREEMENT Between Wright Medical Technology, Inc. And the Counsel Listed on the Signature Pages Hereto Dated as of October 3, 2017 (October 4th, 2017)

This third settlement agreement (Third Settlement Agreement or Settlement Agreement within this document) is made and entered into this 3rd day of October, 2017 (the Effective Date), between (i) Wright Medical Technology, Inc. (Wright Medical) and (ii) Plaintiffs Co-Lead Counsel appointed by the Hon. William S. Duffey in MDL No. 2329 (the MDL) and Plaintiffs Co-Lead Counsel appointed by the Hon. Jane Johnson in JCCP No. 4710 (the JCCP) (referred to collectively as Plaintiffs Counsel) (Plaintiffs Counsel and Wright Medical each a Party and collectively referred to as the Parties).

Before the Florida Public Service Commission 2017 Amended and Restated Stipulation and Settlement Agreement (October 3rd, 2017)

THIS AGREEMENT is dated this 27th day of September, 2017 and is by and between Tampa Electric Company (Tampa Electric or the company), the Office of Public Counsel (OPC or Citizens), the Florida Industrial Power Users Group (FIPUG), the Florida Retail Federation (FRF), the Federal Executive Agencies (FEA), and the WCF Hospital Utility Alliance (HUA). Collectively, Tampa Electric, OPC, FIPUG, FRF, FEA, and HUA shall be referred to herein as the Parties and the term Party shall be the singular form of the term Parties. OPC, FIPUG, FRF, FEA, and HUA will be referred to herein as the Consumer Parties. This document shall be referred to as the 2017 Agreement.

Hispanica International Delights Of America, Inc. – Settlement Agreement (October 3rd, 2017)

This Settlement Agreement ("Agreement") is entered into as of this 20th day of September 2017, by and among HISPANICA INTERNATIONAL DELIGHTS OF AMERICA, INC., a Delaware corporation (the "Company"), and ANSON INVESTMENTS MASTER FUND, LP ("Holder").

Settlement Agreement (September 28th, 2017)

This Settlement Agreement (this "Agreement") is made as of September 28, 2017 (the "Effective Date") by and between IOENGINE, LLC, a Delaware limited liability company ("IOENGINE"), GlassBridge Enterprises, Inc. f/k/a Imation Corp., a Delaware corporation ("GlassBridge"), and Scott F. McNulty ("McNulty" and together with IOENGINE and GlassBridge, each a "Party" and collectively, the "Parties").

QLT Inc. – Settlement Agreement (September 22nd, 2017)

This Settlement Agreement (Agreement) is entered into among the following Parties (Parties): the United States of America, acting through the United States Department of Justice and on behalf of the Office of Inspector General (OIG-HHS) of the Department of Health and Human Services (HHS); the Defense Health Agency (DHA), acting on behalf of the TRICARE Program (collectively, the United States); Aegerion Pharmaceuticals, Inc. (Aegerion); and Michele Clark, Tricia Mullins, and Kristi Winger Szudlo (collectively, Relators), through their authorized representatives.

Fairfax Group – Settlement Agreement (September 19th, 2017)

THIS SETTLEMENT AGREEMENT (this "Agreement"), dated July 17, 2017 (the "Effective Date"), is executed by and between ProGreen US, Inc., a Delaware corporation (the "Company") and Lucas Hoppel. The Company and Mr. Hoppel are each respectively referred to herein as a "Party" and collectively as "the Parties."

San Juan Basin Royalty Tr – Compromise Settlement Agreement (September 18th, 2017)

This Compromise Settlement Agreement (this Agreement) is executed on one hand by Compass Bank (Trustee), in its capacity as Trustee of the San Juan Basin Royalty Trust (the Trust) and on the other hand by Burlington Resources Oil & Gas Company LP (Burlington Resources) and its general partner, BROG GP LLC (BROG) (Burlington Resources and BROG are jointly referred to herein as Burlington), effective as of January 1, 2017 (the Effective Date). The Trust and Burlington are sometimes referred to collectively as the Parties and individually as a Party.

Settlement Agreement (September 18th, 2017)

This Settlement Agreement (this "Agreement") is entered as of this 15th day of September 2017 by and between GlassBridge Enterprises, Inc. f/k/a Imation Corp., a Delaware corporation, on behalf of itself and each of the subsidiaries and affiliates identified herein (collectively, "GBE") and CMC Magnetics Corporation on behalf of itself and CMC Magnetics Co., Ltd. and any and all of its subsidiaries and affiliates who have claims against GBE and any of its current or future subsidiaries and affiliates worldwide (collectively, "CMC" and together with GBE, each a "Party" and collectively, the "Parties").