Common use of Dismissal of the Litigation Clause in Contracts

Dismissal of the Litigation. Within five (5) business days of the Execution Date, the Parties and the Legacy Directors who are among the Defendants shall file with the Court an executed Stipulation of Voluntary Dismissal With Prejudice (the “Stipulation”), dismissing with prejudice all claims and counterclaims asserted in the Litigation. For the avoidance of doubt, the Stipulation shall include dismissal of all claims asserted by U▇▇▇▇ against all Individual Defendants without regard for whether such Individual Defendants are signatories to this Agreement. The Stipulation shall substantially follow the form of Exhibit A to this Agreement. Because some Individual Defendants are not parties to this Agreement, the Parties shall work in good faith to obtain all Individual Defendants’ consent to the Stipulation. If the Parties do not obtain all Individual Defendants’ consent within five (5) business days of the Execution Date, the Parties shall jointly file a letter to the Court requesting the Court enter an order substantially the same form as Exhibit A.