Existing Litigation definition

Existing Litigation has the meaning assigned to such term in Section 3.05(a).

Existing Litigation see Section 10.1.3.

Existing Litigation has the meaning set forth in Section 5.5.

Examples of Existing Litigation in a sentence

• Seller agrees that any recovery pursuant to the Existing Litigation Matters shall be solely for the benefit of Purchaser.

• Seller and Purchaser shall enter into a joint defense agreement with respect to any Proceedings now in existence, including the Existing Litigation Matters, or that may arise in the future or on behalf of the Acquired Company or any Acquired Subsidiary that relate to events or occurrences that transpired or commenced prior to Closing (the “Joint Defense Agreement”).

• Subsequent to Closing, Purchaser agrees, at its sole cost and expense, to manage and assume control of the Existing Litigation Matters.

• The Company shall be entitled to fully control the management and disposition of any Existing Litigation, including with respect to the defense, negotiation or settlement thereof, and all decisions relating thereto.

• Additionally, the parties agree that the indemnification obligations set forth in this Article VII shall survive with respect to any Existing Litigation and as to any claims made within the applicable survival period until finally resolved.

More Definitions of Existing Litigation

Existing Litigation means the bondholders' class actions and shareholders' class actions pending as of April 10, 2000 in the Eastern District of Pennsylvania, identified in Schedule 1.01(a) and the related pending investigation by the SEC.

Existing Litigation means any litigation, investigation (whether formal or informal, including subpoenas), or other action or proceeding involving the HHS-OIG, the DOJ, the Commission or any other Governmental Entity, relating to whether HMA or any of its Affiliates violated any Law, and any civil litigation or other action or proceeding, including any shareholder or derivative action or proceeding, arising out of or relating to the foregoing, in each case existing on or prior to the date of the Merger Agreement; provided that Existing Litigation shall not include any such litigation, investigation or other action or proceeding involving only individuals or entities other than HMA unless HMA is required to indemnify Losses incurred by such individuals or entities. For the avoidance of doubt, for purposes of this definition, the Company and its Subsidiaries shall not be considered Affiliates of HMA.

Existing Litigation means the Litigation involving or otherwise affecting Borrower and its Subsidiaries existing on the Agreement Date.

Existing Litigation means individually or collectively, as the context may require, the matters and circumstances relating to items 1 and 2 on Schedule 3.12(a) (under the heading “Pending litigation”).

Existing Litigation means the proceeding originally entitled The Bank of New York v. Tyco International Group S.A., No. 07 Civ. 4659 (SAS), pending in the United States District Court for the Southern District of New York.

Existing Litigation means the litigation described in Schedule l.1 hereto.

Existing Litigation means all litigation specified in the Complaints.