Litigation Counsel Sample Clauses
The Litigation Counsel clause defines the rights and responsibilities regarding the selection and engagement of legal counsel in the event of a lawsuit or legal dispute involving the parties. Typically, this clause specifies which party has the authority to choose legal representation, whether the other party must consent to the choice, and how legal fees and costs will be managed. For example, in an indemnification scenario, the indemnifying party may have the right to appoint counsel to defend a claim brought against the indemnified party. The core function of this clause is to ensure clarity and prevent disputes over legal representation during litigation, thereby streamlining the defense process and allocating control and financial responsibility for legal proceedings.
Litigation Counsel. Prior to the obligations of the Funding Party, Owner shall engage one or more Litigation Counsel pursuant to an engagement letter for each, substantially in a form agreed to by the Parties (the “Engagement Letter”). Owner shall instruct Litigation Counsel for the initial Identified Litigation to initiate the initial Identified Litigation no later than thirty (30) days from the Effective Date.
Litigation Counsel. By August 2, 2013, Purchaser shall enter into a written engagement with outside litigation counsel to initiate a patent litigation against at least one defendant within ninety (90) days of the Closing Date. Prior to executing the written engagement with the outside litigation counsel, Purchaser shall disclose in writing to Seller the identity of the outside litigation counsel, the terms of the engagement, including, but not limited to, the financial terms, and the funding source and terms with which the patent litigation will be funded. Within five (5) business days of receipt of such written disclosure from Purchaser, Seller shall have the right to approve or reject the outside litigation counsel and/or the terms of the litigation funding (such approval shall not be unreasonably withheld). Further, if a third party funding source is selected and approved, either Seller or Purchaser shall have the right to match the terms of such third party funding source and receive the premium otherwise allocated to the funding source. Otherwise, the premium paid to the third party funding source will be part of the Deductible Purchaser Expenses.
Litigation Counsel. By August 2, 2013, Purchaser shall enter into a written engagement with outside litigation counsel to initiate a patent litigation against at least one defendant within ninety (90) days of the Closing Date. Prior to executing the written engagement with the outside litigation counsel, Purchaser shall disclose in writing to Seller the identity of the outside litigation counsel, the terms of the engagement, including, but not limited to, the financial terms, and the funding source and terms with which the patent litigation will be funded. Within five (5) business days of receipt of such written disclosure from Purchaser, Seller shall have the right to approve or reject the outside litigation counsel and/or the terms of the litigation funding (such approval shall not be unreasonably withheld). Further, if a third party funding source is selected and approved, either Seller or Purchaser shall have the right to match the terms of such third party funding source and receive the premium otherwise allocated to the funding source. Otherwise, the premium paid to the third party funding source will be part of the Deductible Purchaser Expenses. -6- 6.3 Conduct of Business. From the Effective Date through the earlier of the Closing Date or the termination of this Agreement in accordance with its terms, except as otherwise contemplated by this Agreement or required by law, without Purchaser’s consent, Seller shall not, and shall cause its Affiliates not to: (a) grant or permit any Encumbrance under or with respect to any Patents except those license grants which may occur solely by virtue of Seller’s and/or its Affiliates’ participation or membership prior to the Effective Date in any standards-setting organization (which participation or membership was disclosed in writing to Purchase prior to the Effective Date); (b) waive, release, assign, settle or compromise any material Action relating to the Patents or any Cause of Action to the extent that such waiver, release, assignment, settlement or compromise imposes any obligation, whether contingent or realized, that will bind Purchaser after the Closing Date or grants or permits any material Encumbrance under or with respect to any Patent; (c) fail to make any filing, pay any fee, or take any other action necessary to maintain the ownership, validity and enforceability of any Patent, including using reasonable best efforts to preserve any and all claims under any Patent subject to reexamination (if any); (d) initiate any...
Litigation Counsel. Litigation Counsel has agreed that it will comply with (a) the provisions that relate to Litigation Counsel herein, including the Payment Procedures set forth on Exhibit E, and (b) the Investor Billing Guidelines, a copy of which Plaintiff has provided to Litigation Counsel.
Litigation Counsel. By August 2, 2013, Purchaser shall enter into a written engagement with outside litigation counsel to initiate a patent litigation against at least one defendant within ninety (90) days of the Closing Date. Prior to executing the written engagement with the outside litigation counsel, Purchaser shall disclose in writing to Seller the identity of the outside litigation counsel, the terms of the engagement, including, but not limited to, the financial terms, and the funding source and terms with which the patent litigation will be funded. Within five (5) business days of receipt of such written disclosure from Purchaser, Seller shall have the right to approve or reject the outside litigation counsel and/or the terms of the litigation funding (such approval shall not be unreasonably withheld). Further, if [*].
Litigation Counsel. The Company is being represented by the law firm of Seyfarth ▇▇▇▇, of Los Angeles, California and by no other counsel in the cause entitled ▇▇▇▇▇▇▇▇▇▇, ET AL. VS. QUISIC CORPORATION, et al., Case No. BC284645 in the Superior Court of the State of California, County of Los Angeles (the "▇▇▇▇▇▇▇▇▇▇ Case"), and by the law firm of ▇▇▇▇▇▇▇▇▇ Veisz ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇, LLP, of New York, NY and by no other counsel in the Supreme Court of the State of New York, County of New York in the cause entitled ▇▇▇▇▇▇-▇▇▇▇▇▇, INC. VS. QUISIC CORPORATION, ET. AL. , Index No. 601865/03 in the Supreme Court of the State of New York, County of New York (the "▇▇▇▇▇▇ Case").
Litigation Counsel. By ____________ Purchaser shall enter into a written engagement with outside litigation counsel to initiate a patent litigation against at least one defendant within ____________ of the Closing Date. Prior to executing the written engagement with the outside litigation counsel, Purchaser shall disclose in writing to Seller the identity of the outside litigation counsel, the terms of the engagement, including, but not limited to, the financial terms, and the funding source and terms with which the patent litigation will be funded. Within five (5) business days ofreceipt of such written disclosure from Purchaser, Seller shall have the right to approve or reject the outside litigation counsel and/or the tern1s of the litigation funding (such approval shall not be unreasonably withheld). ______________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ______________
Litigation Counsel. Plaintiff has instructed Litigation Counsel to remit all invoices in connection with the Litigation and the Claims directly to Investor. Litigation Counsel shall submit all of its invoices directly to Investor by email addressed to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇. Notwithstanding that Investor will be responsible for payment of Litigation Counsel’s fees and expenses as and to the extent set forth herein, the Parties understand and agree that Litigation Counsel’s exclusive duties shall be owed to Plaintiff and not to Investor.
Litigation Counsel. By ____________ Purchaser shall enter into a written engagement with outside litigation counsel to initiate a patent litigation against at least one defendant within ____________ of the Closing Date. Prior to executing the written engagement with the outside litigation counsel, Purchaser shall disclose in writing to Seller the identity of the outside litigation counsel, the terms of the engagement, including, but not limited to, the financial terms, and the funding source and terms with which the patent litigation will be funded. Within five (5) business days ofreceipt of such written disclosure from Purchaser, Seller shall have the right to approve or reject the outside litigation counsel and/or the tern1s of the litigation funding (such approval shall not be unreasonably withheld). ______________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ______________ 6.3 Conduct of Business. From the Effective Date through the earlier of the Closing Date or the termination of this Agreement in accordance with its terms, except as otherwise contemplated by this Agreement or required by law, without Purchaser's consent, Seller shall not, and shall cause its Affiliates not to: (a) grant or pem1it any Encumbrance under or with respect to any Patents except those license grants which may occur solely by virtue of Seller's and/or its Affiliates' participation or membership prior to the Effective Date in any standards-setting organization (which participation or membership was disclosed in writing to Purchase prior to the Effective Date); (b) waive, release, assign, settle or compromise any material Action relating to the Patents or any Cause of Action to the extent that such waiver, release, assignment, settlement or compromise imposes any obligation, whether contingent or realized, that will bind Purchaser after the Closing Date or grants or permits any material Encumbrance under or with respect to any Patent; (c) fail to make any filing, pay any fee, or take any other action necessary to maintain the ownership, validity and enforceability of any Patent, including using reasonable best efforts to preserve any and all claims under any Patent subject to reexamination (if any); (d) initiate any Actio...
Litigation Counsel a. Litigation Counsel shall remit all Investment Requests simultaneously to Investor (by email addressed to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇) and to Plaintiff.
b. The initial Investment Request shall be accompanied by invoices for all Litigation Costs incurred during period from January 1, 2017 through the last day of the month preceding the date of such Investment Request.
c. Each subsequent Investment Request shall be accompanied by invoices for all Litigation Costs incurred during the month preceding the date of such Investment Request.
d. Plaintiff shall review the Litigation Counsel invoices and submit a certification, in the form of Exhibit B2 to Investor within 10 Business Days. Investor shall have no obligation to fund the Investment Request prior to receipt of such certification from Plaintiff.