Extinguishment of claims Sample Clauses

Extinguishment of claims. (a) In general
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Extinguishment of claims. Upon payment of the Individual Plaintiffs’ Settlement Fund as provided in Xxxxxxxxx 00 xxxxx, (x) all Individual Plaintiffs and anyone claiming through or on behalf of any of them, including but not limited to each of their respective heirs, estates, predecessors, successors, agents, and assigns, will be deemed to have (and shall have) fully, finally, and forever released, relinquished, and discharged all Claims against the Released Parties; and (ii) upon the Settlement Effective Date, the Individual Plaintiffs will be forever barred and enjoined from commencing, instituting, prosecuting or continuing to prosecute any action or other proceeding in any court of law or equity, arbitration tribunal, or administrative forum, asserting any Claim against any of the Released Parties. As to the Claims only, all Individual Plaintiffs hereby expressly, knowingly, and voluntarily waive the provisions of Section 1542 of the California Civil Code, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. The Individual Plaintiffs expressly waive and relinquish any and all rights and benefits that they may have under, or that may be conferred upon them by, the provisions of Section 1542 of the California Civil Code, or any other law of any state or territory that is similar, comparable, or equivalent to Section 1542, to the fullest extent that they may lawfully waive such rights or benefits pertaining to the Claims. In connection with such waiver and relinquishment, the Individual Plaintiffs hereby acknowledge that they are aware that they or their attorneys may hereafter discover claims or facts in addition to or different from those that they now know or believe exist with respect to the Claims, but that it is their intention to hereby fully, finally, and forever settle and release all of the Claims known or unknown, actual or alleged, asserted or not asserted, suspected or unsuspected, anticipated or unanticipated, matured or unmatured, domestic or foreign, disclosed or undisclosed, contingent or absolute, liquidated or unliquidated, accrued or unaccrued, apparent or unapparent, that they have against the Released Parties, or any of them. In furtherance of such intention, the release herein given by the Individu...
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Extinguishment of claims. On the Implementation Date in accordance with its terms and in the sequence set forth in this Proposal and in accordance with the provisions of the Approval Order, the treatment of Affected Claims shall be final and binding on the Company, all Affected Creditors (and their respective heirs, executors, administrators, legal personal representatives, successors and assigns), and all Affected Claims shall be fully, finally, irrevocably and forever released, discharged, cancelled and barred, and the Company and the Directors shall thereupon have no further obligation whatsoever in respect ofthe Affected Claims; provided that nothing herein releases the Company or any other Person from their obligations to make distributions in the manner and to the extent provided for in the Proposal.
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Extinguishment of claims. The Plan Support Agreement described in paragraph 2 D shall include a provision that effective upon confirmation by the Bankruptcy Court in the Chapter 11 Proceeding, all legal rights of creditors and interest holders of Virgin shall be extinguished and discharged except and only to the extent expressly set forth under the Plan Support Agreement.
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Extinguishment of claims. The Seneca Nation shall execute appropriate documents relinquishing all claims against the United States, the State, the city, the congres- sional villages, and all prior lessees for payment of annual rents prior to February 20, 1991, with respect to all prior and existing leases.
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Extinguishment of claims. By virtue of the approval and ratification of a transfer of land or natural resources effected by this section, or the extinguishment of aboriginal title effected thereby, any claim (including any claim for damages for trespass or for use and oc- cupancy) by, or on behalf of, the Tribe or any member of the Tribe or by any other Indian, In- xxxx nation, or tribe or band of Indians, against the United States, any State or subdivision thereof or any other person which is based on— (1) any interest in or right involving any land or natural resources the transfer of which was approved and ratified by subsection (a) of this section, or (2) any aboriginal title to land or natural re- sources the extinguishment of which was ef- fected by subsection (b) of this section, shall be regarded as extinguished as of the date of any such transfer.
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Extinguishment of claims. By virtue of the approval and ratification of a transfer of land or natural resources effected by this section, or the extinguishment of aboriginal title effected thereby, any claim (including any
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Related to Extinguishment of claims

  • Settlement of Claims The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

  • Waiver of Claims Except as otherwise provided in this Agreement, EACH ASSIGNOR HEREBY WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTICE AND JUDICIAL HEARING IN CONNECTION WITH THE COLLATERAL AGENT’S TAKING POSSESSION OR THE COLLATERAL AGENT’S DISPOSITION OF ANY OF THE COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY AND ALL PRIOR NOTICE AND HEARING FOR ANY PREJUDGMENT REMEDY OR REMEDIES, and each Assignor hereby further waives, to the extent permitted by law: (i) all damages occasioned by such taking of possession or any such disposition except any damages which are the direct result of the Collateral Agent’s gross negligence or willful misconduct (as determined by a court of competent jurisdiction in a final and non-appealable decision); (ii) all other requirements as to the time, place and terms of sale or other requirements with respect to the enforcement of the Collateral Agent’s rights hereunder; and (iii) all rights of redemption, appraisement, valuation, stay, extension or moratorium now or hereafter in force under any applicable law in order to prevent or delay the enforcement of this Agreement or the absolute sale of the Collateral or any portion thereof, and each Assignor, for itself and all who may claim under it, insofar as it or they now or hereafter lawfully may, hereby waives the benefit of all such laws. Any sale of, or the grant of options to purchase, or any other realization upon, any Collateral shall operate to divest all right, title, interest, claim and demand, either at law or in equity, of the relevant Assignor therein and thereto, and shall be a perpetual bar both at law and in equity against such Assignor and against any and all Persons claiming or attempting to claim the Collateral so sold, optioned or realized upon, or any part thereof, from, through and under such Assignor.

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