Common use of Dismissal of the Litigation Clause in Contracts

Dismissal of the Litigation. Simultaneous with the execution of this Agreement, the Parties’ respective counsel shall execute a Stipulation of Dismissal dismissing the New York Action, with prejudice, pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure. The Parties’ respective counsel shall also execute a Stipulation of Dismissal dismissing the Tennessee Action, with prejudice, pursuant to Rule 41 of the Tennessee Rules of Civil Procedure. Counsel for Finish Line shall hold such stipulations in escrow pending receipt by Genesco of the funds and stock referenced in Paragraph 1, whereupon Finish Line shall cause such stipulations to be filed with the New York and Tennessee courts, respectively. Genesco will not oppose any request or motion to vacate the Court’s December 27, 2007 and January 2, 2008 Orders in the Tennessee Action.