STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT Sample Clauses

STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the “Stipulation”), dated December 6, 2017, is entered into by and among the following Parties in the Action: (i) ▇▇▇▇▇ ▇▇▇▇▇ (“Plaintiff”), on behalf of himself and all other members of the Class, and (ii) Defendants Galena Biopharma, Inc. (“Galena” or the “Company”), ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ (collectively, the “Defendants”). This Stipulation sets forth all of the terms of the settlement and resolution of this matter and is intended by Plaintiff and Defendants to fully and finally release, resolve, remise, compromise, settle and discharge the Released Plaintiff’s Claims against the Released Defendant Persons and the Released Defendants’ Claims against the Releasing Plaintiff Persons, subject to the approval of the Court of Chancery of the State of Delaware (the “Court”), without any admission or concession as to the merits of any claim or defense by the Parties. All terms herein with initial capitalization shall, unless defined elsewhere in this Stipulation, have the meanings ascribed to them in Paragraph 1 below.
STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the “Stipulation” or “Settlement”) is entered into between the plaintiffs [plaintiff 1], [plaintiff 2] and [plaintiff 3] (the “Plaintiffs”) and the defendants in the above-captioned proceeding, Boston Edison Company (“Boston Edison”), Commonwealth Electric Company (“Commonwealth”), Cambridge Electric Light Company (“Cambridge”) and NSTAR Electric & Gas Corporation (“NSTAR Electric”), an affiliate that provides common administrative and professional services including, but not limited to, billing services to its affiliates. Collectively, the four defendants are referred to herein as the “NSTAR Entities” or the “Defendants”. The parties have agreed to this Settlement, and to the dismissal of claims against NSTAR, Inc.1 (including NSTAR, a Massachusetts business trust and the parent company of the NSTAR Entities), subject to this Court’s approval, as provided below.
STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the “Stipulation”), dated August 30, 2011, which is entered into by and among (i) New Orleans Employees’ Retirement System, Local 542 International Union of Operating Engineers Pension Fund of Eastern Pennsylvania and Delaware, City of Orlando Police Pension Fund, Southeastern Pennsylvania Transportation Authority, City of Orlando Firefighters’ Pension Fund and ▇▇▇▇▇▇ ▇▇▇▇▇ (collectively, “Lead Plaintiffs”), on their own behalf and on behalf of the Settlement Class (as defined herein); and (ii) ▇.▇▇▇▇ Group, Inc. (hereafter, “J.Crew” or the “Company”), ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (“▇▇▇▇▇▇▇”), ▇▇▇▇▇ ▇▇▇▇▇▇▇ (“▇▇▇▇▇▇▇”), ▇▇▇▇▇ ▇▇▇▇▇ (“House”), ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (“▇▇▇▇▇▇▇”), ▇▇▇▇▇▇ ▇▇▇▇▇ (“▇▇▇▇▇”), ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ (“Casati”), ▇▇▇▇ ▇▇▇▇▇▇ (“▇▇▇▇▇▇”), ▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ (“Grand-▇▇▇▇”), ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ (“▇▇▇▇▇▇”), ▇▇▇▇▇ ▇▇▇▇▇▇ (“▇▇▇▇▇▇”), TPG Capital, L.P., TPG Partners, VI, L.P. (together with TPG Capital, L.P., “TPG”), ▇▇▇▇▇▇▇ ▇▇▇▇▇ & Partners, L.P. (“▇▇▇▇▇▇▇ ▇▇▇▇▇”), Chinos Holdings, Inc. (“Chinos Holdings”) and Chinos Acquisition Corporation (“Chinos Acquisition”) (collectively, “Defendants”), by and through their undersigned attorneys, states all of the terms of the settlement and resolution of this matter and is intended by the Parties to fully and finally release, resolve, remise, compromise, settle and discharge the Released Plaintiffs’ Claims (as defined herein) against the Released Defendant Parties (as defined herein) and the Released Defendants’ Claims (as defined herein) against the Released Plaintiff Parties (as defined herein), subject to the approval of the Court of Chancery of the State of Delaware (the “Court”). All undefined terms below with initial capitalization shall have the meanings ascribed to them in paragraph 1 below.
STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the “Stipulation”), dated July 29, 2019, which is entered into by and among (i) FrontFour Capital Group LLC (“FFCG”) and FrontFour Master Fund, Ltd. (“FFMF”) (collectively, “Plaintiffs”), on their own behalf and on behalf of the Settlement Class (as defined herein); and (ii) ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇-▇▇▇▇▇▇, ▇▇▇▇ ▇. ▇▇▇▇, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ Management Inc. (“MDLY”), Medley Capital Corporation (“MCC”), MCC Advisors LLC, Medley Group LLC, and Medley LLC (collectively, “Stipulating Defendants”), by and through their undersigned attorneys, states all of the terms of the settlement and resolution of this matter and is intended by the Parties (as defined herein) to fully and finally release, resolve, compromise, settle and discharge the Released Plaintiffs’ Claims (as defined herein) against the Released Defendant Parties (as defined herein) and the Released Defendants’ Claims (as defined herein) against the Released Plaintiff Parties (as defined herein), subject to the approval of the Court of Chancery of the State of Delaware (the “Court” or “Court of Chancery”).
STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the “Stipulation”), dated July 6, 2011, which is entered into between (i) plaintiffs Buttonwood Tree Value Partners, LP (“Buttonwood”), (ii) I. Wistar ▇▇▇▇▇▇, III, I. Wistar ▇▇▇▇▇▇, III IRA, the Cotswold Foundation Trust, and I. Wistar ▇▇▇▇▇▇, III 401-K Plan (the “▇▇▇▇▇▇ Plaintiffs,” and together with Buttonwood, the “Class Representatives”), on their own behalf and on behalf of the Settlement Class, as defined herein, (iii) the ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇. Trust, the ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Trust 1990 GST Trust UA 11/15/1990, the ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Revocable Trust, the ▇. ▇▇▇▇▇▇ Charitable Trust FBO ▇. ▇▇▇▇▇▇, the ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Trust, the ▇▇▇▇▇ ▇▇▇▇▇▇ 1990 Trust and the ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ 1990 Trust (the “Dragge Plaintiffs”), and (iv) the 1974 ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Trust, the 1974 ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Charitable Trust FBO ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, the ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇ Revocable Trust, the ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ 1990 GST Trust FBO ▇▇▇▇▇▇▇ ▇▇▇▇▇, the ▇▇▇▇ ▇▇▇▇▇ 1990 Trust, the ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ 1990 Trust, the ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ 1990 Trust FBO ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, the ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Charitable Trust FBO ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ UAD 12/20/74, and the ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Trust UAD 11/13/74 (the “Icaza Plaintiffs,” and together with the Dragge Plaintiffs and the Class Representatives, the “Plaintiffs”); (v) defendants ▇▇▇▇▇ Investment Company (“SICO”), ▇▇▇▇▇ Investment Company LLC (“SPINCO”), (vi) ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇, and ▇▇▇▇▇▇ ▇. ▇▇▇▇ (the “Special Committee Defendants”), (vii) ▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇. ▇▇▇▇▇ and the ▇▇▇▇▇ Family Voting Trust (the “▇▇▇▇▇ Defendants” and, together with SICO, SPINCO and the Special Committee Defendants, the “Defendants”); and (viii) Great American Insurance Company (“GAIC”), by and through their undersigned attorneys, together with the Settlement Agreement, as defined herein, state all of the terms of the settlement and resolution of this matter (the “Settlement”) and is intended by the Parties, as defined herein, to fully and finally compromise, resolve, discharge and settle the Released Claims, as defined herein, subject to the approval of the Wisconsin Court, as defined herein:
STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the "Stipulation" or "Settlement") is entered into between the plaintiffs in the above-captioned consolidated adversary proceedings (the "Bankruptcy Court Action") and civil action (the "District Court Action") (collectively, the "Actions") now pending in the United States Bankruptcy Court for the District of Massachusetts (the "Bankruptcy Court") and the United States District Court for the District of Massachusetts (the "District Court"), respectively, and Sears, ▇▇▇▇▇▇▇ and Co. ("Sears"), subject to the approval of the Bankruptcy Court and the District Court as provided for below:
STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT. This Stipulation and Agreement of Compromise and Settlement (the “Settlement Agreement” or the “Stipulation”), dated May 8, 2013, which is entered into between and among (i) plaintiffs Harold L. ▇▇▇▇▇▇▇ (“▇▇▇▇▇tz”) ▇▇▇ ▇ames R. ▇▇▇▇▇▇ (“▇▇▇▇▇l”) (▇▇▇▇ectively, “Plaintiffs”), on their own behalf and on behalf of the Class (defined below), and (ii) defendants CNX Gas Corporation (“CNX Gas” or the “Company”), CONSOL Energy Inc. (“CONSOL”), J. Brett ▇▇▇▇▇▇ (“Harvey”), ▇▇▇▇ip W. ▇▇▇▇▇▇ (“▇▇▇▇▇r”), ▇▇▇ Raj K. G▇▇▇▇ (“▇▇▇▇▇”) (▇▇▇▇ectively, “Defendants”), by and through their undersigned attorneys, states all of the terms of the settlement and resolution of the Consolidated Action (defined below) and is intended by the parties to this Stipulation (the “Parties”) to fully and finally compromise, resolve, discharge and settle the Released Claims (defined below) subject to the approval of the Court of Chancery of the State of Delaware (the “Court”): Background of the Settlement

Related to STIPULATION AND AGREEMENT OF COMPROMISE AND SETTLEMENT

  • Defense and Settlement The Receiver shall have the right, in its discretion, to (i) defend or settle any claim or suit against the Assuming Institution with respect to which the Receiver has indemnified the Assuming Institution in the same manner and to the same extent as provided in Article XII, and (ii) defend or settle any claim or suit against the Assuming Institution with respect to any Liability Assumed, which claim or suit may result in a loss to the Receiver arising out of or related to this Agreement, or which existed against the Failed Bank on or before the Bank Closing Date. The exercise by the Receiver of any rights under this Section 9.3(a) shall not release the Assuming Institution with respect to any of its obligations under this Agreement.

  • Modification of Settlement Agreement Any modification to this Settlement Agreement shall be in writing and signed by the Parties.

  • Enforcement of Settlement Agreement If one Party alleges the other Party is in breach of this Settlement Agreement, that Party shall notify the other party. The Parties agree to meet and confer in good faith for a period of up to thirty days from the initial notice to attempt to resolve the allegation. If informal efforts fail, any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement. The prevailing party shall be entitled to its reasonable attorneys’ fees and costs associated with such proceeding. This Settlement Agreement may be enforced exclusively by the Parties hereto.

  • EXECUTION OF SETTLEMENT AGREEMENT This Settlement Agreement may be signed in one or more counterparts which together shall constitute a binding agreement.

  • Settlement Agreement Respondent understands that Respondent has the right to a formal adjudicatory hearing concerning this matter and that at said hearing