Examples of Delaware Litigation in a sentence
Promptly following the occurrence of one these events, any Insurance Restricted Cash that has not been applied (if any) to ongoing litigation and defense costs and expenses of Borrower or any affiliate of Borrower in connection with or related to the Delaware Litigation, the Arizona Litigation or any other shareholder lawsuits shall be unrestricted.
The term “Disputes” means the Patent Litigation, the Antitrust Litigation, the Virginia Litigation, the Delaware Litigation and the Patent Actions, and any and all disputes related thereto.
After the Stay Release Date, to the extent the Company is entitled to reinstate the Delaware Litigation, the Company also may contemporaneously seek, in the alternative, to enforce, either by separate action or by amendment of pleadings in the Delaware Litigation, the Merger Agreement as amended by the Second Amendment, including by seeking the remedy of specific performance.
The Company shall reimburse Third Point and its Affiliates for all reasonable, documented out-of-pocket costs and expenses in connection with (i) the Delaware Litigation, (ii) the preparation of any proxy materials relating to the 2008 Annual Meeting by Third Point and its Affiliates, and (iii) the preparation for and the solicitation of proxies for such meeting, including without limitation legal fees and the fees of the proxy solicitation agent retained by Third Point and its Affiliates for such meeting.
Xxxx Xxxxxxx Living Trust, Meruelo Investment Partners LLC and Xxxx Xxxxxxx shall promptly amend their Schedule 13D to report the entry into this Agreement and amending applicable items to conform to their obligations hereunder and shall, upon issuance of the press release attached hereto and payment by the Company of reasonably documented legal fees and expenses relating to the Delaware Litigation not to exceed $119,000, voluntarily dismiss with prejudice the Delaware Litigation.
This assignment grants Parent the sole right to administer the Delaware Litigation in any manner and take any actions as it deems fit in connection with the Delaware Litigation.
As promptly as practicable after the date hereof but in no event later than March 13, 2009, the Company will reimburse TRT for one-half of its expenses incurred in connection with the Proxy Solicitation, the Demand, the Delaware Litigation, the preparation of this Agreement, and other related matters, up to a maximum aggregate reimbursement of $200,000.
Parent agrees to use its best efforts cause the claims against the Executive in the Delaware Litigation to be dismissed within 5 business days following the Closing.
This assignment also grants Parent the right to retain any recovery obtained through the prosecution of the claims in the Delaware Litigation.
Immediately after execution of this Agreement by all Parties, the Parties shall cause their respective counsel to sign Stipulations for Dismissal with Prejudice of the Delaware Litigation and the Japan Litigations, with each Party to bear its own attorneys’ fees and costs, including without limitation proposed Orders of Dismissal, in the forms attached hereto as Exhibits A-1 and A-2 and incorporated herein by reference (“Stipulations of Dismissal with Prejudice and Proposed Orders”).