Common use of Release and Covenant Not to Xxx Clause in Contracts

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1) and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

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Release and Covenant Not to Xxx. 8.1 8.1. As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1) ), the Class Representatives, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan Plans (subject to Independent Fiduciary approval as required by Paragraph 3.1) and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged Defendants, the Plans and all Released Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed.

Appears in 2 contracts

Samples: Settlement Agreement, Class Action Settlement Agreement

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1) the Class Representatives, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partnerssuccessors, officers, directorsassigns, agents, and attorneys), predecessorson their own behalves and on behalf of the Plan, successors, and assigns) shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties and the Plan from the Released Claims, regardless of whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys' Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan (Plans, subject to Independent Fiduciary approval as required by Paragraph in §§ 3.1) , 10.1, and the Settlement Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, successors and assigns) , shall be deemed to have fully, finally, finally and forever settled, released, relinquished, waived, waived and discharged Defendants, the Plan and all Released Parties from the Released Claims, whether or not such Settlement Class Members have executed and delivered a Former Participant Claim Form, whether or not such Settlement Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Settlement Class Members have been approved or allowed.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1) the Class Representatives, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partnerssuccessors, officers, directorsassigns, agents, and attorneys), predecessorson their own behalves and on behalf of the Plan, successors, and assigns) shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Parties and the Plan from the Released Claims, regardless of whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan (Plan, subject to Independent Fiduciary approval as required by Paragraph in §§ 3.1) , 10.1, and the Settlement Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, successors and assigns) , shall be deemed to have fully, finally, finally and forever settled, released, relinquished, waived, waived and discharged Defendants, the Plan and all Released Parties from the Released Claims, whether or not such Settlement Class Members have executed and delivered a Former Participant Claim Form, whether or not such Settlement Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Settlement Class Members have been approved or allowed.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan Plans (subject to Independent Fiduciary approval as required by Paragraph 3.1) and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged Defendants, the Plans, and all Released Parties from the Released Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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