Litigation Settlement. With respect to any litigation, claim or other legal action for which any Loan Party has provided Lender with an aggregate claim amount or expected liability amount on the Perfection Certificate or pursuant to Section 6.2, such Loan Party shall not enter into a settlement agreement with respect to such litigation, claim or other legal action in which such Loan Party’s payment liability exceeds (a) 30% above such aggregate claim amount or expected liability amount or (b) such greater amount as may be disclosed by a Loan Party to Lender and agreed upon in writing by Lender.
Litigation Settlement. (a) Attached hereto as Exhibits 4.24A, 4.24B and 4.24C are true and complete copies of the Class Action Settlement Agreement, the 3M Agreement, and the June 2, 1998 Court Order approving the Class Action Settlement Agreement and the 3M Agreement (including the 30-day extension letter thereto).
Litigation Settlement. The Company agrees that it shall not settle --------------------- any litigation commenced after the date hereof against the Company or any of its directors by any shareholder of the Company relating to the Offer, the Merger or this Agreement without the prior written consent of Parent, which consent shall not be unreasonably withheld or delayed. 7.14
Litigation Settlement. The litigation presently pending in the United District Court for the District of Maryland, Southern Division bearing Case No. AW-97-1791 involving GHS shall have been settled on the terms set forth in that certain Agreement of Settlement attached hereto as Exhibit 9.1(d).
Litigation Settlement. This settlement is reflective of a unique stage in the litigation process involving over 250 defendants. This settlement was negotiated to meet the needs of the special master and the court (i.e., judicial efficiency and court congestion), and, in Plaintiff’s view, does not reflect the economic value of the Licensed Patents or the basic damages formula used to calculate such. The Parties agree this is a litigation settlement that is specific to the particular circumstances applicable only to Defendant, including, without limitation, the manner in which it monetizes the accused functionality, and no representation is made that the foregoing consideration represents a reasonable royalty for the infringement alleged in the Litigation.
Litigation Settlement. The Parties represent and warrant that they have not agreed on a reasonable royalty or FRAND compensation for the Licensed Patents and have entered into this Agreement simply as a matter of expedience and compromise.
Litigation Settlement. Seller, Parent and any of their Affiliates that are party to the Litigation Settlement and Release Documents shall each have delivered signed counterparts of the Litigation Settlement and Release Documents.
Litigation Settlement. No statute, regulation or order of any governmental body shall be in effect that prohibits this Agreement or any of the transactions contemplated hereby or that would limit or adversely affect Buyer's ownership of the Shares or control of the Company. There shall not have been threatened, nor shall there be pending, any Litigation by or before any governmental body challenging the lawfulness of or seeking to prevent or delay any aspect of these transactions or seeking monetary or other relief by reason of the consummation of any of such transactions.
Litigation Settlement. In accordance with the Memorandum of Understanding for Partial Settlement and a Stipulation of Partial Settlement to be executed among the parties to the Delaware Litigation, Xxxxxxxx, Parent and Merger Sub agree to use their commercially reasonable efforts to achieve the dismissal with prejudice of Counts IV, V, VI, VII and VIII of the Second Amended Verified Class Action and Derivative Complaint, dated May 21, 2010 (the “Complaint”), filed in the Delaware Litigation.
Litigation Settlement. The partial settlement with respect to, and dismissal with prejudice of, Counts IV, V, VI, VII and VIII of the Complaint shall have been approved by the Court of Chancery of the State of Delaware, conditioned only on the closing of the Merger.
