and Defendant definition

and Defendant dated February 10, 1998, a stock certificate(s) representing 117,950 shares of its own common stock to the Trustee (the "Stock Transfer") in full settlement of the Trustee's claims against Defendant as set forth in the Complaint on the eleventh (11th) day following the entry by the Bankruptcy Court of a final, non-appealable order approving Agreement, in a form satisfactory to Defendant ("Bankruptcy Court Approval). The escrow agent, Carr, McClellan, Ingersoll, Thompson and Horn, is hereby directed by the Parties to release ▇▇▇▇▇▇▇cate ▇▇▇. 169-3 in the amount of 212,500 shares and 199-0 in the amount of 70,834 shares to Cooley Godward LLP, (Attn: Robert L. Eisenbach, III) One Mariti▇▇ ▇▇▇za, 20th Floor; San F▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, counse▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇rein,
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Examples of and Defendant in a sentence

  • Class Counsel and Defense Counsel separately warrant and represent that they are authorized by Plaintiff and Defendant, respectively, to take all appropriate action required or permitted to be taken by such Parties pursuant to this Agreement to effectuate its terms, and to execute any other documents reasonably required to effectuate the terms of this Agreement including any amendments to this Agreement.

  • The Post Trial Report should also state any appealable issues for both Plaintiff and Defendant and confirm if the appealable issues were preserved, on the record, at trial.

  • In their Declarations, Defense Counsel and Defendant shall aver that they are not aware of any other pending matter or action asserting claims that will be extinguished or adversely affected by the Settlement.

  • Before deciding whether to object, you may wish to see what Plaintiff and Defendant are asking the Court to approve.

  • If, for any reason the Court does grant Preliminary Approval, Final Approval or enter Judgment, Defendant reserves the right to contest certification of any class for any reasons, and Defendant reserves all available defenses to the claims in the Action, and Plaintiff reserves the right to move for class certification on any grounds available and to contest Defendant’s defenses.

  • Although Plaintiff and Defendant have agreed to these allocations, neither side is giving you any advice on whether your Payments are taxable or how much you might owe in taxes.

  • Plaintiff and Defendant have agreed that, in either case, the Settlement will be void: Defendant will not pay any money and Class Members will not release any claims against Defendant.

  • Class Counsel and Defense Counsel separately warrant and represent that they are authorized by Plaintiffs and Defendant, respectively, to take all appropriate action required or permitted to be taken by such Parties pursuant to this Agreement to effectuate its terms, and to execute any other documents reasonably required to effectuate the terms of this Agreement including any amendments to this Agreement.

  • Class Counsel and Defendant shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set by the Court in the Preliminary Approval Order.

  • After the Judgment is final and Defendant has fully funded the Gross Settlement and separately paid all employer payroll taxes, Participating Class Members will be legally barred from asserting any of the claims released under the Settlement.