Common use of Dismissal of the Proceedings Clause in Contracts

Dismissal of the Proceedings. (1) On the Effective Date, the BC Proceeding and the Ontario Proceeding shall be dismissed, with prejudice and without costs, as against the Settling Defendants. (2) Upon the Effective Date, the Quebec Proceeding shall be declared settled out of court, without costs, as against the Settling Defendants, and the Parties shall sign and file a notice of settlement out of court with the Quebec Court.

Appears in 6 contracts

Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the BC Proceeding Ontario Action and the Ontario Proceeding BC Action shall be dismissed, with prejudice and without costs, as against the Settling DefendantsDefendants who are named as Defendants in the Ontario Action and the BC Action. (2) Upon the Effective Date, the Quebec Proceeding Québec Action shall be declared settled out of courtsettled, without costs, costs as against the Settling DefendantsDefendants who are named as Defendants in the Québec Action, and the Parties shall sign and file a notice declaration of settlement out of court with in the Quebec CourtQuébec Court in respect of the Québec Action.

Appears in 4 contracts

Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the BC Proceeding Action and the Ontario Proceeding Action shall be dismissed, dismissed with prejudice and without costs, costs as against the Settling Defendants. (2) Upon the Effective Date, the Quebec Proceeding Action shall be declared settled out of courtsettled, without costs, costs and without reservation as against the Settling Defendants, and the Parties shall sign and file a notice of settlement out of court with the Quebec Court.

Appears in 4 contracts

Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the BC Proceeding and the Ontario Proceeding shall be dismissed, with prejudice and without costs, as against the Settling Defendants. (2) Upon the Effective Date, the Quebec Proceeding shall be declared settled out of court, court without costs, costs as against the Settling Defendants, and the Parties shall sign and file a notice of settlement out of court with the Quebec Court.

Appears in 3 contracts

Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the Ontario Action and BC Proceeding and the Ontario Proceeding Action shall be dismissed, dismissed with prejudice and without costs, costs as against the Settling Defendants. (2) Upon the Effective Date, the Quebec Proceeding Action shall be declared settled out of court, without costs, costs and without reservation as against the Settling Defendants, and the Parties shall sign and file a notice of settlement out of court with the Quebec Court.

Appears in 3 contracts

Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement

Dismissal of the Proceedings. (1a) On Upon the Effective Date, the BC Proceeding and the Ontario Proceeding Proceedings shall be dismissed, dismissed with prejudice and without costs, costs as against the Settling DefendantsDefendant. (2b) Upon the Effective Date, the Quebec Proceeding Proceedings shall be declared settled out of courtsettled, without costs, costs and without reservation as against the Settling Defendants, and the Parties shall sign and file a notice of settlement out of court with the Quebec CourtDefendant.

Appears in 3 contracts

Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the BC Proceeding Ontario Action and the Ontario Proceeding BC Action shall be dismissed, with prejudice and without costs, as against the Settling DefendantsReleasees who are named as Defendants in the Ontario Action and the BC Action. (2) Upon the Effective Date, the Quebec Proceeding Action shall be declared settled out of courtsettled, without costs, costs and without reservation as against the Settling DefendantsDefendants in the Quebec Action, and the Parties shall sign and file a notice of settlement out of court with in the Quebec CourtCourt in respect of the Quebec Action.

Appears in 3 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the BC Proceeding Proceedings and the Ontario Proceeding Proceedings shall be dismissed, dismissed with prejudice and without costs, costs as against those Releasees who are defendants in the Settling DefendantsBC Proceedings and in the Ontario Proceedings, respectively. (2) Upon the Effective Date, the Quebec Proceeding shall be declared settled out of courtsettled, without costs, costs and without reservation as against those Releasees who are respondents in the Settling DefendantsQuebec Proceeding, and the Parties shall sign and file a notice declaration of settlement out of court with the Quebec Court.

Appears in 3 contracts

Sources: Settlement Agreement, Settlement Agreement, Canadian Polyurethane Foam Class Actions National Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the BC Proceeding and the Ontario Proceeding shall be dismissed, with prejudice and without costs, as against the Settling Defendants. (2) Upon the Effective Date, the Quebec Proceeding shall be declared settled out of court, with prejudice and without costs, as against the Settling Defendants, and the Parties shall sign and file a notice of settlement out of court with the Quebec Court.

Appears in 3 contracts

Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the BC Proceeding Ontario Action and the Ontario Proceeding BC Action shall be dismissed, with prejudice and without costs, as against the Settling DefendantsDefendant in the Ontario Action and the BC Action. (2) Upon the Effective Date, the Quebec Proceeding Québec Action shall be declared settled out of courtsettled, without costs, costs and without reservation as against the Settling DefendantsDefendant in the Québec Action, and the Parties shall sign and file a notice declaration of settlement out of court with in the Quebec CourtQuébec Court in respect of the Québec Action.

Appears in 3 contracts

Sources: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the BC Proceeding Ontario Action and the Ontario Proceeding BC Action shall be dismissed, with prejudice and without costs, as against the Settling DefendantsDefendants who are named as Defendants in the Ontario Action and the BC Action. (2) Upon the Effective Date, the Quebec Proceeding Québec Action shall be declared settled out of courtsettled, without costs, costs as against the Settling DefendantsDefendant who is named as Defendant in the Québec Action, and the Parties shall sign and file a notice declaration of settlement out of court with in the Quebec CourtQuébec Court in respect of the Québec Action.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the BC Proceeding Action and the Ontario Proceeding Action shall be dismissed, dismissed with prejudice and without costs, costs as against the Settling Defendants. (2) Upon the Effective Date, the Quebec Proceeding Action shall be declared settled out of courtsettled, without costs, costs and without reservation as against the Settling DefendantsDefendants in the Quebec Action, and the Parties shall sign and file a notice declaration of settlement out of court with the Quebec Court.

Appears in 2 contracts

Sources: Settlement Agreement, Class Action Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the BC Proceeding and the Ontario Proceeding shall be dismissed, with prejudice and without costs, as against the Settling DefendantsDefendant. (2) Upon the Effective Date, the Quebec Proceeding shall be declared settled out of court, with prejudice and without costs, as against the Settling DefendantsDefendant, and the Parties shall sign and file a notice of settlement out of court with the Quebec Court.

Appears in 2 contracts

Sources: Settlement Agreement, National Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the BC Proceeding and the Ontario Proceeding shall be dismissed, with prejudice and without costs, as against the Settling Defendants. (2) Upon the Effective Date, the Quebec Proceeding shall be declared settled out of courtsettled, without costs, costs and without reservation as against the Settling Defendants, and the Parties shall sign and file a notice declaration of settlement out of court with in the Quebec Court.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the BC Proceeding Ontario Action and the Ontario Proceeding BC Action shall be dismissed, with prejudice and without costs, as against the Settling Defendants. (2) Upon the Effective Date, the Quebec Proceeding Action shall be declared settled out of courtsettled, without costs, costs and without reservation as against the Settling Defendants, and the Parties shall sign and file a notice declaration of settlement out of court with in the Quebec CourtCourt in respect of the Settling Defendants.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the BC Proceeding and the Ontario Proceeding Action shall be dismissed, dismissed with prejudice and without costs, costs as against the Settling Defendants. (2) Upon the Effective Date, the Quebec Proceeding Action shall be declared settled out of court, without costs, costs and without reservation as against the Settling Defendants, and the Parties shall sign and file a notice of settlement out of court with the Quebec Court.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the BC Proceeding Proceedings and the Ontario Proceeding Proceedings shall be dismissed, dismissed with prejudice and without costs, costs as against the Settling Defendants. (2) Upon the Effective Date, the Quebec Proceeding shall be declared settled out of courtsettled, without costs, costs and without reservation as against the Settling Defendants, and the Parties shall sign and file a notice declaration of settlement out of court with the Quebec Court.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the BC Proceeding and the Ontario Proceeding Action shall be dismissed, with prejudice and without costs, as against the Settling Defendants. (2) Upon the Effective Date, the Quebec Proceeding Québec Action shall be declared settled out of courtsettled, without costs, costs as against the Settling Defendants, and the Parties shall sign and file a notice declaration of settlement out of court with in the Quebec CourtQuébec Court in respect of the Québec Action.

Appears in 2 contracts

Sources: Class Action Settlement Agreement, Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the BC Proceeding Action and the Ontario Proceeding Actions shall be dismissed, dismissed with prejudice and without costs, costs as against the Settling Defendants. (2) Upon the Effective Date, the Quebec Proceeding Action shall be declared settled out of courtsettled, without costs, costs and without reservation as against the Settling Defendants, and (3) By the Parties shall sign and file a notice date that is two weeks after the order of settlement out of court with the Quebec CourtCourt approving this settlement becomes effective, the Settling Defendants shall abandon their appeal of the Quebec Authorization Order before the Supreme Court of Canada.

Appears in 1 contract

Sources: Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the BC Proceeding Action and the Ontario Proceeding Action shall be dismissed, dismissed with prejudice and without costs, costs as against the Settling Defendants. (2) Upon the Effective Date, the Quebec Proceeding Action shall be declared settled out of courtsettled, without costs, costs and without reservation as against the Settling Defendants, and the Parties shall sign and file a notice declaration of settlement out of court with the Quebec Court.

Appears in 1 contract

Sources: Settlement Agreement

Dismissal of the Proceedings. (1) On Upon the Effective Date, the BC Proceeding and the Ontario Proceeding shall be dismissed, with prejudice and without costs, as against the Settling Defendants. (2) Upon the Effective Date, the Quebec Proceeding shall be declared settled out of court, with prejudice and without costs, as against the Settling Defendants, and the Parties shall sign and file a notice of settlement out of court with the Quebec Court.

Appears in 1 contract

Sources: Settlement Agreement