Covenants Not to Sue. 8.1 The Class Representatives, on behalf of themselves and the Settlement Class Members, covenant and agree: (1) not to file, commence, prosecute, intervene in, or participate in (as class members or otherwise) any action in any jurisdiction based on or relating to any of the Released Claims, or the facts and circumstances relating thereto, against any of the Released Parties; (2) not to organize or solicit the participation of Settlement Class Members, or persons who would otherwise fall within the definition of the Settlement Class but who requested to be excluded from the Settlement Class, in pursuing any action (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action in any jurisdiction) based on or relating to any of the Released Claims or the facts and circumstances relating thereto, against any of the Released Parties; and (3) that the foregoing covenants and this Agreement shall be a complete defense against the Class Representatives and the Settlement Class Members to any of the Released Claims against any of the Releasees.
Appears in 1 contract
Samples: Settlement Agreement and Release
Covenants Not to Sue. 8.1 The Class Representatives, on behalf of themselves and the Settlement Class Members, covenant and agree: (1i) not to file, commence, prosecute, intervene in, or participate in (as class members or otherwise) any action in any jurisdiction based on or relating to any of the Released Claims, or the facts and circumstances relating thereto, against any of the Released PartiesReleasees; (2ii) not to organize or solicit the participation participating of Settlement Class Members, or persons who would otherwise fall within the definition of the Settlement Class Class, but who requested to be excluded from the Settlement Class, in a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action in any jurisdiction) based on or relating to any of the Released Claims or the facts and circumstances relating thereto, against any of the Released PartiesReleasees; and (3iii) that the foregoing covenants and this Agreement shall be a complete defense against the Class Representatives and the Settlement Class Members to any of the Released Claims against any of the Releasees.
Appears in 1 contract
Samples: Settlement Agreement
Covenants Not to Sue. 8.1 The Class Representatives, on behalf of themselves and the Settlement Class Members, covenant and agree: (1i) not to file, commence, prosecute, intervene in, or participate in (as class members or otherwise) any action in any jurisdiction based on or relating to any of the Released Claims, or the facts and circumstances relating thereto, against any of the Released PartiesReleasees; (2ii) not to organize or solicit the participation of Settlement Class Members, or persons who would otherwise fall within the definition of the Settlement Class Class, but who requested to be excluded from the Settlement Class, in a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action in any jurisdiction) based on or relating to any of the Released Claims or the facts and circumstances relating thereto, against any of the Released PartiesReleasees; and (3iii) that the foregoing covenants and this Agreement shall be a complete defense against the Class Representatives and the Settlement Class Members to any of the Released Claims against any of the Releasees.
Appears in 1 contract
Samples: Settlement Agreement and Release
Covenants Not to Sue. 8.1 The Class RepresentativesRepresentative, on behalf of themselves herself and the Settlement Class Members, covenant and agree: (1i) not to file, commence, prosecute, intervene in, or participate in (as class members or otherwise) any action in any jurisdiction based on or relating to any of the Released Claims, or the facts and circumstances relating thereto, against any of the Released Parties; (2ii) not to organize or solicit the participation participating of Settlement Class Members, or persons who would otherwise fall within the definition of the Settlement Class but who requested to be excluded from the Settlement Class, in a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action in any jurisdiction) based on or relating to any of the Released Claims or the facts and circumstances relating thereto, against any of the Released Parties; and (3iii) that the foregoing covenants and this Agreement shall be a complete defense against the Class Representatives and the Settlement Class Members to any of the Released Claims against any of the Releasees.
Appears in 1 contract
Samples: Settlement Agreement
Covenants Not to Sue. 8.1 The Class RepresentativesRepresentative, on behalf of themselves himself and the Settlement Class Members, covenant covenants and agreeagrees: (1i) not to file, commence, prosecute, intervene in, or participate in (as class members or otherwise) any action in any jurisdiction based on or relating to any of the Released Claims, or the facts and circumstances relating thereto, against any of the Released Parties; (2ii) not to organize or solicit the participation participating of Settlement Class Members, or persons who would otherwise fall within the definition of the Settlement Class but who requested to be excluded from the Settlement Class, in a separate class for purposes of pursuing any action (including by seeking to amend a pending complaint to include class allegations, or seeking class certification in a pending action in any jurisdiction) based on or relating to any of the Released Claims or the facts and circumstances relating thereto, against any of the Released Parties; and (3) that the foregoing covenants and this Agreement shall be a complete defense against the Class Representatives and the Settlement Class Members to any of the Released Claims against any of the Releasees.and
Appears in 1 contract
Samples: Settlement Agreement and Release