Litigation Settlements. A court of competent jurisdiction shall have granted final approval of a settlement agreement consistent with the terms of the Memorandum of Understanding, and no more than ten percent (10%) of the shareholders comprising the plaintiff class shall have opted out of such settlement. A court of competent jurisdiction shall have granted final approval of one or more settlement agreements by and among Seller, the plaintiffs in the legal actions contemplated by the Memorandum of Understanding, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇ Enterprises, ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, ▇▇▇ ▇. ▇▇▇▇▇ and ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, which final approval resolves all known claims among any such parties in a manner that does not adversely affect the Business, the Acquired Assets, Buyer or Parent. Copies of each such settlement agreement or order, executed in full, and any related documentation Buyer may reasonably request, shall be provided by Seller prior to Closing. Neither (i) the shareholder derivative action (Case No. 00-CV-6001) filed, purportedly on behalf of the Seller, in ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ against ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ and the Seller nor (ii) the appeal filed by the derivative plaintiff with the Colorado Court of Appeals with respect to same (Case No. 02-CA-1901) shall have been appealed, reinstated or re-filed.
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Sources: Asset Purchase Agreement (Sirenza Microdevices Inc), Asset Purchase Agreement (Sirenza Microdevices Inc)
Litigation Settlements. A court of competent jurisdiction shall have granted final approval of a settlement agreement consistent with the terms of the Memorandum of -58- Understanding, and no more than ten percent (10%) of the shareholders comprising the plaintiff class shall have opted out of such settlement. A court of competent jurisdiction shall have granted final approval of one or more settlement agreements by and among Seller, the plaintiffs in the legal actions contemplated by the Memorandum of Understanding, Joseph H. Kiser, JC Enterprises, David G. Sherman, Jon C. Clark and De▇▇▇ ▇. ▇▇i▇▇▇, ▇▇▇▇h final approv▇▇ ▇▇▇▇▇▇▇▇ ▇. ▇▇ kn▇▇▇ ▇▇▇, ▇▇ Enterprises, ▇▇▇▇▇ ▇. mong ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇ ▇. ▇▇▇▇▇ and ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, which final approval resolves all known claims among any such parties s in a manner that does not adversely affect the Business, the Acquired Assets, Buyer or Parent. Copies of each such settlement agreement or order, executed in full, and any related documentation Buyer may reasonably request, shall be provided by Seller prior to Closing. Neither (i) the shareholder derivative action (Case No. 00-CV-6001) filed, purportedly on behalf of the Seller, in ▇▇▇▇▇▇▇▇ ▇▇▇▇▇District Court, ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ City and County of Denver against ▇▇▇▇▇▇ ▇▇▇▇▇Joseph Kiser, ▇▇▇▇▇ David ▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇ooher, ▇▇Da▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ll▇, ▇▇▇ ▇▇im ▇▇▇ and the Seller nor ▇▇▇ ▇▇▇le▇ ▇▇▇ (ii▇▇) the appeal filed ▇he ▇▇▇▇▇▇ ▇▇▇▇▇ by the derivative plaintiff ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ pl▇▇▇▇▇▇▇ with the Colorado Court of Appeals with respect to same (Case No. 02-CA-1901) shall have been appealed, reinstated or re-filed.
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