Non-Settling Defendant means any Defendant that is not a Settling Defendant or any Defendant that has not entered into a binding and approved settlement with the Plaintiffs in the Proceedings, whether or not such settlement agreement is in existence at the Date of Execution, and includes any Defendant that terminates its own settlement agreement in accordance with its terms or whose settlement otherwise fails to take effect for any reason, whether or not such settlement agreement is in existence at the Date of Execution.
Non-Settling Defendant means any Defendant that is not a Settling Defendant or a Settled Defendant.
Non-Settling Defendant means, in respect of each Proceeding, any Defendant in that Proceeding that is not: (i) a Settling Defendant; (ii) a Settled Defendant; or (iii) a Defendant against whom the Proceeding has been dismissed or discontinued, either before or after the Date of Execution.
Examples of Non-Settling Defendant in a sentence
The Direct Purchaser Class Plaintiffs, Direct Purchaser Settlement Class, and SII are referred to collectively as the “Parties” and individually as a “Party.” 1 This Agreement does not release any claims of the Direct Purchaser Class Plaintiffs and the other members of the Direct Purchaser Settlement Class against any Non-Settling Defendant.
More Definitions of Non-Settling Defendant
Non-Settling Defendant means any defendant in the Committee Litigation (including each of its direct and indirect parent companies, subsidiaries, Affiliates, members, partners and joint ventures, each of their respective predecessors, successors, general partners, and assigns, and all of each of their respective past and present employees, officers, directors and managers) other than Settling Defendant Releasees and the Secured Lender Releasees.
Non-Settling Defendant means any Defendant that is not a Settling Defendant and includes any Defendant that terminates its own settlement agreement in accordance with its terms or whose settlement otherwise fails to take effect for any reason, whether or not such settlement agreement is in existence at the Execution Date. For greater certainty, KEMET Corporation and KEMET Electronics Corporation are Non-Settling Defendants.
Non-Settling Defendant means Joseph P. Nacchio (“Nacchio”) and Robert S. Woodruff (“Woodruff”), or either of them. Nacchio and Woodruff are expressly excluded from the definitions of Qwest, Related Parties, Released Persons, Settling Defendants, and Settling Parties.
Non-Settling Defendant means PwC.
Non-Settling Defendant means a defendant in any of the Xxxxx Progeny Actions that is not a Party to this Agreement.
Non-Settling Defendant means PricewaterhouseCoopers LLP.
Non-Settling Defendant means a Defendant in the Proceedings that is not a Domfoam Defendant or a Brayiannis Defendant.