Litigation Funding Sample Clauses

Litigation Funding. Under the terms of the LMA, in order to offer you the funding arrangements set out in the contract we may secure litigation funding for the claim, after consultation with the Claimant Committee who will enter into any agreement with the funder on your behalf. Any such funding may result in an additional fee that is payable by you however any such fee will be subject to the cap on your “payment out of compensation” as defined in the CFA. Will I have to pay money “out of my compensation”?. In accordance with your contract with us and depending upon the case circumstances, there may be costs left for you to pay as a result of costs that: • You owe to us that have not been recovered from the Defendant(s); and/or • You owe to the Defendant(s) (Adverse costs) Any costs that are left for you to pay will be payable “out of your compensation”. If litigation Funding has been obtained the total amount you will have to pay “out of your compensation” is: • 30% of your Damages; plus • Any applicable ATE premium(s); plus • Any applicable VAT; plus • Any applicable Adverse Costs If litigation Funding has not been obtained then the amount you will have to pay “out of your compensation” will be: • A maximum of 30% of your Damages; plus • Any applicable ATE premium(s); plus • Any applicable VAT; plus • Any applicable Adverse Costs What happens if I win? Your/Our costs • Generally speaking, in all cases if you win you are liable to pay all your own costs, but some (or all) of these costs may be recovered from and paid by the Defendant(s). • It is difficult to say with certainty how much of these costs we will be able to recover from the Defendant(s) as this will depend on a variety of factors, such as (but not limited to) what stage the case is concluded and the amount of damages recovered. • What happens in respect of any of your costs not recovered from the Defendant(s) will depend on your funding option. The Defendant’s costs (Adverse Costs) • You would not normally have to pay these and so these are normally zero. However, even if you win there are circumstances where you could be at risk from paying the Defendant's costs. This applies, for instance, if there is an interim issue and you are ordered to pay Adverse Costs or the Defendant makes a Formal Offer to Settle your claim (known as a Part 36 offer), and you do not go on to achieve a better settlement than the offer that was made. We will give you advice on the likelihood of receiving compensation that is greater than...
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Litigation Funding. 2.1. The Litigation Lender shall pay:
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Litigation Funding. The Parties agree as follows with respect to the funding of the Delaware Action and any other litigation (“Other Litigation”) undertaken to enforce or protect NuRx’s rights with respect to QN Diagnostics LLC (the “Joint Venture”), a joint venture undertaken by NuRx with QuantRx Biomedical Corporation. For avoidance of doubt, funding of the Delaware Action and any Other Litigation shall include all legal fees, expenses and advances incurred by any counsel of record with respect to the Delaware Action or Other Litigation, the cost of any experts retained by or on behalf of NuRx with respect to the Delaware Action or any Other Litigation up to an amount that shall not cause the Advances (as defined in Section 4(a)(i)) to exceed One Million Dollars ($1,000,000) but shall not include the cost of any judgment against, or sanctions imposed upon, NuRx.
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Litigation Funding. Prior to executing a written engagement with any outside litigation counsel in respect of patent litigation relating to any of the Patents, Purchaser shall disclose in writing to Seller the identity of the proposed outside litigation counsel, the terms of the engagement, including, but not limited to, the financial terms, and the funding source and terms with which the patent litigation will be funded. Within five (5) business days of receipt of such written disclosure from Purchaser, Seller shall have the right to confer with Purchaser on the terms of the litigation funding and Purchaser shall facilitate such consultation. Further, if a third party funding source is selected and approved, either Seller or Purchaser shall have the right to match the terms of such third party funding source and receive the premium otherwise allocated to the funding source. Otherwise, the premium paid to the third party funding source will be part of the Deductible Purchaser Expenses. For the absence of doubt, provided the consent of Seller has been obtained (which consent shall not be unreasonably withheld) any (A) premium or recovery amount paid or payable to any third party funding source, or to the Purchaser or Seller (to the extent Purchaser or Seller elects, in whole or in part, to exercise the rights in the immediately preceding sentence), and (B) amount of disbursements incurred by Purchaser or reimbursed to Seller or third-party funding source, shall constitute Deductible Purchaser Expenses.
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Litigation Funding. The Company agrees that ACZ shall pay all costs incurred by the ACZ Shareholders in respect of their litigation, as plaintiff, against (i) Pxxxxx-Xxxxxxxxx, Hxxx & MxXxxxxxx LLP, (ii) Element Nutrition, (iii) Genuine Health, (iv) SecondLife Global, (v) Neobourne Pharma LP, and (vi) 9000-0000 Xxxxxx Inc. dba SLoOp (the “Shareholder Litigation”) up to a maximum as determined by the Company. On final judgment being rendered in the Shareholder Litigation, the ACZ Shareholders agree to refund to ACZ (i) the entire amount of such litigation costs incurred out of the proceeds from the Shareholder Litigation, (ii) interest at a rate of 8 percent per annum, and (iii) 25 percent of proceeds realized from the listed Shareholder litigation. If any Shareholder Litigation results in a cost recuperation defiency, the ACZ Shareholders are not liable for related litigation cost for each plaintiff case listed herein.
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Litigation Funding. 8.1 You have entered or will enter into an arrangement with the Funder in relation to the Proceedings in accordance with the terms of the Funding Agreement.
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Litigation Funding 
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Related to Litigation Funding

  • Litigation, etc The Fund shall give prompt notice in writing to the Purchaser of any litigation, administrative proceeding or business development which is reasonably expected to materially adversely affect its business, properties or affairs or to impair the ability of the Fund to perform its obligations as set forth hereunder or under any of the other Related Documents. All information, reports and other papers, documentation and data with respect to the Fund furnished to the Purchaser pursuant to this Section 6.9 shall be, at the time the same are so furnished, complete and correct in all material respects and, when considered with all other material delivered to the Purchaser under this Agreement or made available pursuant to the Due Diligence Request, will not contain untrue statements of material facts or omit to state material facts necessary to make the statements contained therein, in light of the circumstances under which they were made, not misleading.

  • Litigation; Proceedings Except as specifically disclosed in the Disclosure Materials, there is no action, suit, notice of violation, proceeding or investigation pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries or any of their respective properties before or by any court, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) which (i) adversely affects or challenges the legality, validity or enforceability of any Transaction Document or the Securities or (ii) could, individually or in the aggregate, have or result in a Material Adverse Effect.

  • Litigation and Administrative Proceedings Except as disclosed on Schedule 6.4 hereto, there are (a) no lawsuits, actions, investigations, examinations or other proceedings pending or threatened against any Company, or in respect of which any Company may have any liability, in any court or before or by any Governmental Authority, arbitration board, or other tribunal, (b) no orders, writs, injunctions, judgments, or decrees of any court or Governmental Authority to which any Company is a party or by which the property or assets of any Company are bound, and (c) no grievances, disputes, or controversies outstanding with any union or other organization of the employees of any Company, or threats of work stoppage, strike, or pending demands for collective bargaining, in each case other than those that could not reasonably be expected to result in a Material Adverse Effect.

  • Litigation and Legal Proceedings Except as disclosed on Schedule 3.11, there is no litigation, claim, investigation, administrative proceeding, labor controversy or similar action that is pending or (to the best of each Borrower's knowledge and information after due inquiry) threatened against any Borrower or its properties that, if adversely resolved, could reasonably be expected to have or cause a Material Adverse Effect.

  • Litigation Matters If the FDIC Party and the Assuming Institution do not agree to submit the Dispute Item to arbitration, the Dispute Item may be resolved by litigation in accordance with Federal or state law, as provided in Section 13.10 of the Purchase and Assumption Agreement. Any litigation shall be filed in a United States District Court in the proper district.

  • Litigation; Governmental Proceedings There is no action, suit, proceeding, inquiry, arbitration, investigation, litigation or governmental proceeding pending or, to the Company’s knowledge, threatened against, or involving the Company or, to the Company’s knowledge, any executive officer or director which has not been disclosed in the Registration Statement, the Pricing Disclosure Package and the Prospectus or in connection with the Company’s listing application for the listing of the Public Securities on the Exchange.

  • Litigation and Claims No litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Borrower is pending or threatened, and no other event has occurred which may materially adversely affect Borrower’s financial condition or properties, other than litigation, claims, or other events, if any, that have been disclosed to and acknowledged by Lender in writing.

  • Litigation and Pending Proceedings Except as set forth in the First Merchants Disclosure Letter, there are no claims of any kind, nor any action, suits, proceedings, arbitrations or investigations pending or to the knowledge of First Merchants’ Management threatened in any court or before any government agency or body, arbitration panel or otherwise (nor does First Merchants’ Management have any knowledge of a basis for any claim, action, suit, proceeding, arbitration or investigation) which could be reasonably expected to have a Material Adverse Effect. To the knowledge of First Merchants’ Management, there are no material uncured violations, criticisms or exceptions, or violations with respect to which material refunds or restitutions may be required, cited in any report, correspondence or other communication to First Merchants as a result of an examination by any regulatory agency or body.

  • Litigation or Proceedings No litigation or other proceeding before any court or administrative agency is pending, or, to the knowledge of Borrower or any of its officers, is threatened against Borrower or a Subsidiary, the outcome of which could reasonably be expected to have a Material Adverse Effect.

  • Litigation; Government Proceedings No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company, or to the Company’s knowledge, the Sponsor, or any executive officer or director of the Company, or its or their property is pending or, to the knowledge of the Company, threatened that (i) would reasonably be expected to have a material adverse effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) would reasonably be expected to have a Material Adverse Effect, except as set forth in or contemplated in the Statutory Prospectus and the Prospectus (exclusive of any supplement thereto).

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