EXCLUSIVE REMEDY; DISMISSAL OF ACTION; JURISDICTION OF COURT. 11.1 Each and every Settlement Class Member who has not submitted a timely and valid request for exclusion pursuant to this Agreement submits to the jurisdiction of the Court and will be bound by the terms of this Settlement (including, without limitation, any and all Releases). 11.2 This Agreement shall be the sole and exclusive remedy for any and all claims of Settlement Class Members against Defendants arising from or in any way related to any debt collection, credit reporting or other practices and upon entry of the Final Approval Order, each Settlement Class Member shall be barred from initiating, asserting, or prosecuting any such claims against any Released Party. 11.3 Upon entry of the Final Approval Order, each of the actions comprising the Litigation shall be dismissed with prejudice. 11.4 The Court shall retain exclusive and continuing jurisdiction to interpret and enforce the terms, conditions, and obligations of this Agreement and the Court’s orders and judgments. In the event of a breach by Defendants or a Settlement Class Member under this Agreement, the Court may exercise all equitable powers over Defendants or such Settlement Class Member to enforce this Agreement and the Final Approval Order irrespective of the availability or adequacy of any remedy at law. Such powers include, among others, the power of specific performance, contempt, and injunctive relief.
Appears in 1 contract
Samples: Settlement Agreement
EXCLUSIVE REMEDY; DISMISSAL OF ACTION; JURISDICTION OF COURT. 11.1 Each and every Settlement Class Member who has not submitted a timely and valid request for exclusion pursuant to this Agreement submits to the jurisdiction of the Court and will be bound by the terms of this Settlement (including, without limitation, any and all Releases).
11.2 10.1 This Agreement shall be the sole and exclusive remedy for every Class Member with respect to any and all claims of Settlement Class Members against Defendants arising from or in any way related to any debt collection, credit reporting or other practices and upon Released Claims. Upon entry of the Final Approval OrderOrder and Judgment, each member of the Settlement Class Member shall be barred from initiating, asserting, or prosecuting any claim that is released by operation of this Agreement and the Final Order and Judgment. In the event any member of the Settlement Class attempts to prosecute an action in contravention of the Final Order and Judgment and this Agreement, counsel for any of the Parties may forward this Agreement and the Final Order and Judgment to such claims against any Released PartyClass Member and advise him, her, or it of the releases provided pursuant to this Agreement. If so requested by Defendant or Defendant’s Counsel, Class Counsel shall provide this information to the Settlement Class Member.
11.3 10.2 Upon entry of Final Order and Judgment, the Final Approval Order, each of the actions comprising the Litigation Action shall be dismissed with prejudice. Settlement Class Members may not commence or actively prosecute actions on any Released Claims against Defendant once the Final Order and Judgment is entered.
11.4 10.3 The Court shall will retain exclusive and continuing jurisdiction over the action and all Parties to interpret and enforce the terms, conditions, and obligations of this Agreement and the Court’s orders and judgments. In the event of a breach by Defendants or a Settlement Class Member under this Agreement, the Court may exercise all equitable powers over Defendants or such Settlement Class Member to enforce this Agreement and the Final Approval Order irrespective of the availability or adequacy of any remedy at law. Such powers include, among others, the power of specific performance, contempt, and injunctive relief.
Appears in 1 contract
Samples: Settlement Agreement
EXCLUSIVE REMEDY; DISMISSAL OF ACTION; JURISDICTION OF COURT. 11.1 Each and every Settlement Class Member who has not submitted a timely and valid request for exclusion pursuant to 13.1. Except as otherwise provided in this Agreement submits to the jurisdiction of the Court and will be bound by the terms of this Settlement (includingAgreement, without limitation, any and all Releases).
11.2 This his Agreement shall be the sole and exclusive remedy for any and all released claims of Settlement Class Members members against Defendants arising from or in any way related to any debt collectionthe Settling Defendants, credit reporting or other practices and upon the entry of the Mandatory Class Final Approval OrderOrder and Judgment by the Court, each Settlement Class Member member shall be barred from initiating, asserting, or prosecuting any such released claims against any Released PartyBrooke Group or Liggxxx.
11.3 Upon entry of 13.2. On the Final Approval OrderMandatory Class Settlement Date, each of the actions comprising the Litigation Action shall be dismissed with prejudiceas against each Settling Defendant, subject to the continuing and exclusive jurisdiction of the Court over the enforcement and administration of the Settlement Agreement, and the allocation and distribution of the Settlement Fund. Settlement Class members may not commence or prosecute actions against Brooke Group or Liggxxx xx claims released pursuant to this Agreement once the Mandatory Class Final Order and Judgment is entered. The Settlement Class Counsel agree to provide reasonable cooperation to stay or dismiss, as appropriate, any action of any Settlement Class member for such released claims pending in state or federal court against the Settling Defendants.
11.4 13.3. The Court shall retain exclusive and continuing jurisdiction over the Action, all Parties, all Settlement Class members and the Settlement Fund to interpret and enforce the terms, conditions, and obligations of this Agreement. Nothing in this Agreement and shall be construed to divest or limit the Court’s orders and judgments. In jurisdiction of the event of a breach Court with respect to claims which may be alleged by Defendants or a the Settlement Class Member under this Agreement, the Court may exercise all equitable powers over Defendants against Non-settling Tobacco Companies or such Settlement Class Member to enforce this Agreement and the Final Approval Order irrespective of the availability or adequacy of any remedy at law. Such powers include, among others, the power of specific performance, contempt, and injunctive reliefother defendants.
Appears in 1 contract
EXCLUSIVE REMEDY; DISMISSAL OF ACTION; JURISDICTION OF COURT. 11.1 Each and every Settlement Class Member who has not submitted a timely and valid request for exclusion pursuant to 12.1. Except as otherwise provided in this Agreement submits to the jurisdiction of the Court and will be bound by the terms of Agreement, this Settlement (including, without limitation, any and all Releases).
11.2 This Agreement shall be the sole and exclusive remedy for any and all released claims of Settlement Class Members members against Defendants arising from or in any way related to any debt collectionthe Settling Defendants, credit reporting or other practices and upon the entry of the Mandatory Class Final Approval OrderOrder and Judgment by the Court, each Settlement Class Member member shall be barred from initiating, asserting, or prosecuting any such released claims against any Released PartyBrooke Group or Liggxxx.
11.3 Upon entry of 12.2. On the Final Approval OrderMandatory Class Settlement Date, each of the actions comprising the Litigation Action shall be dismissed with prejudiceas against each Settling Defendant, subject to the continuing and exclusive jurisdiction of the Court over the enforcement and administration of the Settlement Agreement, and the allocation and distribution of the Settlement Fund. Settlement Class members may not commence or prosecute actions against Brooke Group or Liggxxx xx claims released pursuant to this Agreement once the Mandatory Class Final Order and Judgment is entered. The Settlement Class Counsel agree to provide reasonable cooperation to stay or dismiss, as appropriate, any action of any Settlement Class member for such released claims pending in state or federal court against the Settling Defendants.
11.4 12.3. The Court shall retain exclusive and continuing jurisdiction over the Action, all Parties, all Settlement Class members and the Settlement Fund to interpret and enforce the terms, conditions, and obligations of this Agreement. Nothing in this Agreement and shall be construed to divest or limit the Court’s orders and judgments. In jurisdiction of the event of a breach Court with respect to claims which may be alleged by Defendants or a the Settlement Class Member under this Agreement, the Court may exercise all equitable powers over Defendants against Non-settling Tobacco Companies or such Settlement Class Member to enforce this Agreement and the Final Approval Order irrespective of the availability or adequacy of any remedy at law. Such powers include, among others, the power of specific performance, contempt, and injunctive reliefother defendants.
Appears in 1 contract
EXCLUSIVE REMEDY; DISMISSAL OF ACTION; JURISDICTION OF COURT. 11.1 Each and every Settlement Class Member who has not submitted a timely and valid request for exclusion pursuant to 12.1. Except as otherwise provided in this Agreement submits to the jurisdiction of the Court and will be bound by the terms of Agreement, this Settlement (including, without limitation, any and all Releases).
11.2 This Agreement shall be the sole and exclusive remedy for any and all released claims of Settlement Class Members members against Defendants arising from or in any way related to any debt collectionthe Settling Defendants, credit reporting or other practices and upon the entry of the Mandatory Class Final Approval OrderOrder and Judgment by the Court, each Settlement Class Member member shall be barred from initiating, asserting, or prosecuting any such released claims against any Released PartyBrooke Group or Liggxxx.
11.3 Upon entry of 12.2. On the Final Approval OrderMandatory Class Settlement Date, each of the actions comprising the Litigation Action shall be dismissed with prejudiceas against each Settling Defendant, subject to the continuing and exclusive jurisdiction of the Court over the enforcement and administration of the Settlement Agreement, and the allocation and distribution of the Settlement Fund. Settlement Class members may not commence or prosecute actions against Brooke Group or Liggxxx xx claims released pursuant to this Agreement once the Mandatory Class Final Order and Judgment is entered. The Settlement Class Counsel agree to provide reasonable cooperation to stay or dismiss, as appropriate, any action of any Settlement Class member for such released claims pending in state or federal court against the Settling Defendants.
11.4 12.3. The Court shall retain exclusive and continuing jurisdiction over the Action, all Parties, all Settlement Class members and the Settlement Fund to interpret and enforce the terms, conditions, and obligations of this Agreement. Nothing in this Agreement and shall be construed to divest or limit the Court’s orders and judgments. In jurisdiction of the event of a breach Court with respect to claims which may be alleged by Defendants or a the Settlement Class Member under this Agreement, the Court may exercise all equitable powers over Defendants against Non-settling Tobacco Companies or such Settlement Class Member to enforce this Agreement and the Final Approval Order irrespective of the availability or adequacy of any remedy at lawother defendants. Such powers include, among others, the power of specific performance, contempt, and injunctive relief.-39- 40
Appears in 1 contract
EXCLUSIVE REMEDY; DISMISSAL OF ACTION; JURISDICTION OF COURT. 11.1 Each and every Settlement Class Member who has not submitted a timely and valid request for exclusion pursuant to 10.1. Except as otherwise provided in this Agreement submits to the jurisdiction of the Court and will be bound by the terms of Agreement, this Settlement (including, without limitation, any and all Releases).
11.2 This Agreement shall be the sole and exclusive remedy for any and all released claims of Settlement Class Members members against Defendants arising from or in any way related to any debt collectionthe Settling Defendants, credit reporting or other practices and upon the entry of the Class Final Approval OrderOrder and Judgment by the Court, each Settlement Class Member member shall be barred from initiating, asserting, or prosecuting any such released claims against any Released PartyBrooke Group or Liggxxx.
11.3 Upon entry of 10.2. On the Final Approval OrderClass Settlement Date, each of the actions comprising the Litigation Action shall be dismissed with prejudiceas against each Settling Defendant, subject to the continuing and exclusive jurisdiction of the Court over the enforcement and administration of the Agreement. Class members may not commence or prosecute actions against Brooke Group or Liggxxx xx claims released pursuant to this Agreement once the Class Final Order and Judgment is entered. Class Counsel agree to provide reasonable cooperation to stay or dismiss, as appropriate, any action of any Class member for such released claims pending in state or federal court against the Settling Defendants.
11.4 10.3. The Court shall retain exclusive and continuing jurisdiction over the Action, the Settling Defendants, the Plaintiffs Funds and the Class to interpret and enforce the terms, conditions, and obligations of this Agreement. Nothing in this Agreement and shall be construed to divest or limit the Court’s orders and judgments. In the event jurisdiction of a breach by Defendants or a Settlement Class Member under this Agreement, the Court with respect to claims which may exercise all equitable powers over Defendants be alleged by the Class against Non-settling Tobacco Companies or such Settlement Class Member to enforce this Agreement and the Final Approval Order irrespective of the availability or adequacy of any remedy at law. Such powers include, among others, the power of specific performance, contempt, and injunctive reliefother defendants.
Appears in 1 contract
