Dismissal of Litigation Sample Clauses

Dismissal of Litigation. Within five (5) days of the Effective Date, Summit, VISX and Pillar Point shall cause all of the Summit/VISX Litigation (as hereinafter defined) to be dismissed with prejudice, with each party to bear its own costs and attorneys' fees. As used herein, "Summit/VISX Litigation" means VISX Partner, Inc. v. Summit Partner, Inc., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. CV 772057; VISX, Incorporated v. Pillar Point Partners, et al., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. 770042; and VISX Partner, Inc., on behalf Pillar Point Partners, United States District Court, District Of Massachusetts, Case No. 96-11739-PBS. The term "Summit/VISX Litigation" includes all counterclaims, cross-claims and the like asserted in the foregoing actions.
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Dismissal of Litigation. At the Effectiveness Time, the Parties will execute and deliver, all to the other Parties, and will file with the Chancery Court, such documents as may be necessary or desirable to effect the dismissal with prejudice of the Litigation.
Dismissal of Litigation. Each of the parties shall promptly enter into stipulations staying all litigation currently pending between them or their respective Affiliates and representatives, or commenced by or on behalf of any of them in connection with the Offer, and the parties shall cause such stipulations to be filed promptly after the date of this Agreement. Each of the parties shall also, promptly following the Control Date, enter into and file stipulations dismissing with prejudice all such litigation and releasing all claims against the other parties hereto (and their Affiliates and representatives) based on any action or omission that occurred prior to the date of such stipulations as of the date such stipulations are filed. Notwithstanding the foregoing, if this Agreement is terminated in accordance with Article XI, after such termination nothing herein shall prevent either party (or its Affiliates or representatives) from pursuing any such litigation or any other litigation against any other party hereto (or its Affiliates or representatives).
Dismissal of Litigation. The legal actions involving the Purchaser and the Company listed in Section 7.1(g) of the Company Disclosure Schedule shall have been dismissed with prejudice pursuant to documents and court filings reasonably satisfactory to the Purchaser, the Company and the PPB Sub.
Dismissal of Litigation. The parties agree that, following the exchange of the mutual releases referred to in paragraph 13 above, they shall enter a take-nothing judgment in the lawsuit styled Staktek Corporation v. Samsung Electronics Co., Ltd. and Samsung Semiconductor, Inc.; United States District Court, Civil Action No. A-98-CA-770-JN; Western District of Texas, Austin Division (the “lawsuit”), dismissing all claims with prejudice, each party bearing its own costs.
Dismissal of Litigation. On the Effective Date, the Trust Adversary and Axion Adversary shall each be dismissed with prejudice and each party shall pay its own attorneys fees and costs except as otherwise allocated in this Agreement. The Trustee and, upon the Effective Date, the Liquidation Trustee and the SAT Trustee shall use reasonable best efforts to obtain dismissal of the Canadian Litigation that states claims against the Debtor or the Estate or that states claims that belong to the Debtor or the Estate, including derivative or other claims that are property of the Estate; and
Dismissal of Litigation. The Investor Group Plaintiffs shall, within three (3) business days of the Parties’ fulfillment of their obligations under Section 1(c) and Section 8, file a notice of dismissal in the Litigation dismissing their action against the Company and the Board with prejudice. Pending the Parties’ fulfillment of their obligations under Section 1(c), the Parties agree that all filing and discovery deadlines in the Litigation shall be stayed.
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Dismissal of Litigation. Within seven days following the effective date of this GROUNDWATER INDEMNITY AGREEMENT as provided in paragraph 6, below, CSI shall file a dismissal, with prejudice, of Case No. SCV 04837 in the form attached hereto as Exhibit "A." Each party to the foregoing case shall bear their own costs and attorneys' fees incurred with respect to that case.
Dismissal of Litigation. No later than two business days after the Effective Date, FF Top and FF Global shall cause any and all actions in the Court of Chancery of the State of Delaware, or any other forum, filed by FF Top, FF Global and/or any of their respective controlled affiliates on or prior to the Effective Date (the “Existing Claims”), naming FFIE or any of its directors or officers, including all counterclaims, cross-claims and the like asserted in the foregoing actions, to be dismissed without prejudice, with each party to bear its own costs and attorneys’ fees. FF Top and FF Global shall not (and shall cause their respective controlled affiliates not to) refile any litigations or proceedings with respect to the Existing Claims for so long as FFIE is in compliance in all material respects with this Agreement and all Definitive Documents.
Dismissal of Litigation. No later than three (3) days after the Effective Date, each Party will execute and deliver to the other Parties, or cause their respective attorneys of record in the Litigation to execute and deliver to the other Parties, the Joint Stipulated Orders of Dismissal Without Prejudice attached hereto as Exhibit A, and the attorneys for Endo/Teikoku shall submit such executed Joint Stipulated Orders of Dismissal Without Prejudice to the court in the Litigation. If for any reason the court in the Litigation does not approve the Joint Stipulated Orders of Dismissal Without Prejudice and enter them as orders of the court, the Parties agree to confer promptly in good faith in an effort to modify the Joint Stipulated Orders of Dismissal Without Prejudice and this Agreement or take such other action as is required to overcome the court’s objections.
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