Dismissal of the Action with Prejudice. Within five (5) calendar days after the “Effective Time,” as such term is defined in the Merger Agreement, Plaintiffs shall cause the Action to be dismissed with prejudice in its entirety, and in no event shall Plaintiffs cause the Complaint to be served on any Defendant.
Appears in 2 contracts
Sources: Limited Guarantee (SCM Microsystems Inc), Settlement Agreement (SCM Microsystems Inc)