Ongoing Litigation definition
Examples of Ongoing Litigation in a sentence
Since May 17, 2004 through the date of this Agreement, (i) no amount has been paid by or on behalf of GTFM or any GTFM Subsidiary to De Teresa other than for Ongoing Litigation Matters, and (ii) the amounts paid or payable for the Ongoing Litigation Matters have not exceeded the amount set forth in Section 5.7(d) of the Seller Disclosure Schedule.
TMM shall deliver to KCS at the Closing, a full and complete release, in the form attached hereto as Exhibit L (the “Legal Representation Release”), of GTFM, TFM and their respective Subsidiaries of any and all claims for fees or expenses of De Teresa and its Affiliates other than with respect to the Ongoing Litigation Matters.
Must have completed the mandatory mediation set forth in the case management discovery order and not resulted in a resolution (and are not otherwise dismissed within 90 days of completion of production requirements in the proposed Case Management Order for Ongoing Litigation).
TMM shall deliver to KCS at the Closing, a full and complete release, in the form attached hereto as Exhibit L (the "Legal Representation Release"), of GTFM, TFM and their respective Subsidiaries of any and all claims for fees or expenses of De Teresa and its Affiliates other than with respect to the Ongoing Litigation Matters.
With respect to the Property, except as otherwise disclosed to Purchaser as part of Seller’s Deliveries and except as may be related to the Ongoing Litigation, there are no violations of any applicable statutes, ordinances, codes (including, but not limited to, zoning, building, subdivision, pollution, environmental protection, water disposal, health, fire and safety, and engineering codes), and the rules and regulations of, any Governmental Authority.
Contemporaneously with the execution of the Merger Agreement, the parties executed and delivered certain other agreements including an Ongoing Litigation Agreement.
Except as may be related to the Ongoing Litigation, there are no actions, suits, proceedings or claims pending, or to Seller’s knowledge, contemplated or threatened, with respect to or in any manner affecting the Property or the ability of the Seller to consummate the transaction contemplated by this Agreement.
Nothing in this Agreement, or in any of its terms, including but not limited to, the limited waivers granted in this Agreement, shall in any way be considered a waiver, release, modification or amendment of the rights and remedies of the parties as asserted in or pursued in the Ongoing Litigation, nor shall it be considered in any way to affect the rights and/ or ability of the parties to fully pursue their rights and/or remedies as asserted in the Ongoing Litigation.
Ongoing Litigation Agreement...............................................................
Each Party will pay 50% of all fees and expenses of legal counsel to either Party relating to Group Litigation, if any, and TCI Management shall pay 58.5% and 3G Capital Partners shall pay 41.5% of all fees and expenses of legal counsel to either Party relating to the Ongoing Litigation, including any such fees and expenses incurred during the term of the Group Agreement.