Common use of Releases and Covenants Not to Sue Clause in Contracts

Releases and Covenants Not to Sue. 6.1. Upon the Effective Date, the Releasing Parties, on behalf of themselves, their successors and assigns, and any other Person claiming (now or in the future) through or on behalf of them, regardless of whether any such Releasing Party ever seeks or obtains by any means, including without limitation by submitting a Proof of Claim, any disbursement from the Settlement Fund, shall be deemed to have, and by operation of the Final Judgment shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims against the Released Parties and shall have covenanted not to sue the Released Parties with respect to all such Released Claims, and shall be permanently barred and enjoined from asserting, commencing, prosecuting, instituting, assisting, instigating, or in any way participating in the commencement or prosecution of any action or other proceeding, in any forum, asserting any Released Claim, in any capacity, against any of the Released Parties. Nothing contained herein shall, however, bar the Releasing Parties from bringing any action or claim to enforce the terms of this Stipulation or the Final Judgment. 6.2. Upon the Effective Date, Defendants, on behalf of themselves and their Related Parties, shall be deemed to have, and by operation of the Final Judgment shall have, fully, finally, and forever released, relinquished, and discharged Plaintiffs, Settlement Class Members, Plaintiffs’ Counsel, and their Related Parties from all Claims, whether known or unknown, which arise out of, concern or relate to the institution, prosecution, settlement or dismissal of the Action (“Defendants’ Released Claims”), and shall be permanently enjoined from prosecuting the Defendants’ Released Claims against Plaintiffs, Settlement Class Members, Plaintiffs’ Counsel, and their Related Parties (collectively, “Plaintiffs’ Released Parties”). Nothing contained herein

Releases and Covenants Not to Sue. 6.111.1. Upon the Effective Date, and in exchange for the receipt of the Settlement Amount provided for herein, the sufficiency of which is hereby acknowledged, the Releasing Parties, on behalf of themselves, their successors and assigns, and any other Person claiming against the Settlement Fund (now or in the future) through or on behalf of them, regardless of whether any such Releasing Party ever seeks or obtains by any means, including without limitation by submitting a Proof of Claim, any disbursement from the Settlement FundParty, shall be deemed to have, and by operation of the Final Judgment shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims against the Released Barclays Parties from any and shall have covenanted not to sue the Released Parties with respect to all such Released Claims, and shall be permanently barred and enjoined from assertinginstituting, commencing, prosecuting, instituting, assisting, instigating, or prosecuting any such Released Claim in any way participating in the commencement or prosecution of any action lawsuit, arbitration or other proceeding, proceeding against any Released Barclays Party in any forum, asserting any Released Claim, court or tribunal in any capacityjurisdiction worldwide, against any and agrees and covenants not to sue on the basis of the Released PartiesClaims, or to assist any third party in commencing or maintaining any such suit related to the Released Claims. Nothing contained herein shallEach Releasing Party shall be deemed to have released all Released Claims against the Released Barclays Parties regardless of whether any such Releasing Party ever seeks or obtains by any means, howeverincluding, bar without limitation, by submitting a Proof of Claim and Release, any distribution from the Settlement Fund or Net Settlement Fund. 11.2. The releases set forth in this Settlement Agreement are given pursuant to New York law and are to be construed under New York law in accordance with Paragraph 15.8 below, including that portion of N.Y. General Obligations Law § 15-108(b) which bars claims for contribution by joint tortfeasors and other similar claims. This Settlement Agreement is expressly intended to absolve the Released Barclays Parties of any claims for contribution, indemnification or similar claims from other Defendants in the Action, arising out of or related to the Released Claims, in the manner and to the fullest extent permitted under the law of New York or any other jurisdiction that might be construed or deemed to apply to any claims for contribution, indemnification or similar claims against any Defendant. Notwithstanding the foregoing, should any court determine that any Defendant is/was legally entitled to any kind of contribution or indemnification from Barclays arising out of or related to Released Claims, the Releasing Parties from bringing agree that any action money judgment subsequently obtained by the Releasing Parties against any Defendant shall be reduced to an amount such that, upon payment of the reduced amount by such Defendant, the Defendant would have no claim for contribution, indemnification or claim to enforce the terms of this Stipulation or the Final Judgmentsimilar claims against Barclays. 6.211.3. Upon the Effective DateDate of Settlement, Defendantsand in exchange for entry of the Judgment provided for herein, on behalf the sufficiency of themselves and their Related Partieswhich is hereby acknowledged, each of the Released Barclays Parties shall be deemed to have, and by operation of the Final Judgment shall have, have fully, finally, and forever released, relinquished, released and discharged Bondholder Plaintiffs, Settlement Class Members, Bondholder Plaintiffs’ Counsel, and their Related Parties each and all Bondholder Class Members from all each and every one of the Settling Defendant’s Claims; shall forever be enjoined from instituting, commencing or prosecuting the Settling Defendant’s Claims; and agrees and covenants not to sue on the basis of the Settling Defendant’s Claims, whether known or unknown, which arise out of, concern to assist any third party in commencing or relate maintaining any such suit related to the institutionSettling Defendant’s Claims; provided, prosecutionhowever, settlement or dismissal this release does not extend to claims regarding the enforcement of this Settlement Agreement. 11.4. The releases provided in this Settlement Agreement shall become effective immediately upon occurrence of the Action (“Defendants’ Released Claims”)Effective Date of Settlement without the need for any further action, notice, condition, or event. 11.5. In the event that this Settlement Agreement is terminated pursuant to paragraph 10, or any condition for the final approval of this Agreement is not satisfied, the release and covenant not to sue provisions of the foregoing paragraphs shall be permanently enjoined from prosecuting the Defendants’ Released Claims against Plaintiffs, Settlement Class Members, Plaintiffs’ Counsel, null and their Related Parties (collectively, “Plaintiffs’ Released Parties”). Nothing contained hereinvoid and unenforceable.

Releases and Covenants Not to Sue. 6.111.1. Upon the Effective Date, and in exchange for the receipt of the Settlement Amount and other consideration provided for herein, the sufficiency of which is hereby acknowledged, the Releasing Parties, on behalf of themselves, their successors and assigns, and any other Person claiming (now or in the future) through or on behalf of themany Releasing Party, shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, relinquished, and discharged the Released Citi Parties from any and all Released Claims, and shall be permanently barred and enjoined from instituting, commencing, or prosecuting any such Released Claim in any lawsuit, arbitration or other proceeding against any Released Citi Party in any court or tribunal in any jurisdiction worldwide, and agrees and covenants not to sue on the basis of the Released Claims, or to assist any third party in commencing or maintaining any such suit related to the Released Claims. Each Releasing Party shall be deemed to have released all Released Claims against the Released Citi Parties, regardless of whether any such Releasing Party ever seeks or obtains by any means, including including, without limitation limitation, by submitting a Proof of ClaimClaim and Release, any disbursement distribution from the Settlement Fund or Net Settlement Fund. 11.2. The releases set forth in this Settlement are given pursuant to New York law and are to be construed under New York law in accordance with Paragraph 16.9, shall be deemed including that portion of N.Y. General Obligations Law § 15-108(b) which bars claims for contribution by joint tortfeasors and other similar claims. This Settlement Agreement is expressly intended to have, and by operation of the Final Judgment shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims against absolve the Released Citi Parties and shall of any claims for contribution, indemnification, or similar claims from other Defendants or nonparties that could have covenanted not been named as a defendant in the Action, arising out of or related to sue the Released Parties with respect to all such Released Claims, in the manner and to the fullest extent permitted under the law of New York or any other jurisdiction that might be construed or deemed to apply to any claims for contribution, indemnification or similar claims against any Defendant or nonparty that could have been named as a defendant in the Action. Notwithstanding the foregoing, should any court determine that any Defendant or nonparty that could have been named as a defendant in the Action is or was legally entitled to any kind of contribution or indemnification from any of the Released Citi Parties arising out of or related to Released Claims, the Releasing Parties agree that any money judgment subsequently obtained by the Releasing Parties against any Defendant or nonparty that could have been named as a defendant in the Action shall be permanently barred and enjoined from assertingreduced to an amount such that, commencingupon payment of the reduced amount by such Defendant or nonparty that could have been named as a defendant in the Action, prosecutingthe Defendant or nonparty that could have been named as a defendant in the Action would have no claim for contribution, instituting, assisting, instigatingindemnification, or in any way participating in the commencement or prosecution of any action or other proceeding, in any forum, asserting any Released Claim, in any capacity, similar claims against any of the Released Citi Parties. Nothing contained herein shall, however, bar the Releasing Parties from bringing any action or claim to enforce the terms of this Stipulation or the Final Judgment. 6.211.3. Upon the Effective DateDate of Settlement, Defendantsand in exchange for entry of the Judgment provided for herein, on behalf the sufficiency of themselves and their Related which is hereby acknowledged, each of the Released Citi Parties, shall release and be deemed to haverelease and forever discharge, and by operation of the Final Judgment shall have, fully, finally, forever be enjoined from prosecuting any and forever released, relinquished, and discharged all claims against Bondholder Plaintiffs, Bondholder Settlement Class Members, Plaintiffs’ Counselmembers, and their Related Parties counsel, and their respective successors, heirs, agents, executors, administrators, and assigns, from all Claims, whether known any claims arising out of or unknown, which arise out of, concern or relate relating to the institution, prosecution, prosecution or settlement or dismissal of the Action (“Defendants’ Released Claims”)Action; provided, however, this release does not extend to claims regarding the enforcement of this Settlement. 11.4. The releases provided in this Settlement shall become effective immediately upon occurrence of the Effective Date of Settlement without the need for any further action, notice, condition, or event. 11.5. If this Settlement is terminated pursuant to paragraph 10, or any condition for the final approval of this Settlement is not satisfied, the release and covenant not to sue provisions of the foregoing paragraphs shall be permanently enjoined from prosecuting the Defendants’ Released Claims against Plaintiffs, Settlement Class Members, Plaintiffs’ Counsel, null and their Related Parties (collectively, “Plaintiffs’ Released Parties”). Nothing contained hereinvoid and unenforceable.

Releases and Covenants Not to Sue. 6.17.1. Upon As of the Settlement Effective Date, the Releasing PartiesPlan (subject to Independent Fiduciary approval as required by Section 2.1) and the Settlement 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 behalf and on behalf of themselvesthe Plan, their successors and assignsshall fully, finally, and forever settle, release, relinquish, waive, and discharge all Released Parties from the Released Claims, whether or not such Class Members have received or will receive a monetary benefit from the Settlement, whether or not such Class Members have actually received the Settlement Notice, whether or not such Class Members have filed an objection to the Settlement or to any other Person claiming application by Class Counsel for an award of Attorneys’ Fees and Costs, whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not the Settlement Administrator concludes that they are eligible for a tax-qualified rollover from the Qualified Settlement Fund. 7.2. As of the Settlement Effective Date, the Settlement Class Members and the Plan (now subject to Independent Fiduciary approval as required by Section 2.1) expressly agree that they, acting individually or together, or in combination with others, shall not sue or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance agency or other department or commission), any cause of action, demand, or claim on the future) through basis of, connected with, or on behalf arising out of themany of the Released Claims against any Released Party, regardless of whether and that the foregoing covenants and agreements shall be a complete defense to any such Releasing Party ever seeks claims or obtains by actions against any meansof the respective Released Parties. Nothing herein shall preclude any action to enforce the terms of this Settlement Agreement in accordance with the procedures set forth in this Settlement Agreement. 7.3. Class Counsel, including without limitation by submitting the Class Members, or the Plan may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, had they been known, might have affected the decision to settle with the Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Proof Class Member not to object to the Settlement. Notwithstanding the foregoing, each Settlement Class Member and the Plan shall expressly, upon the entry of Claimthe Final Approval Order, any disbursement from the Settlement Fund, shall be deemed to have, and, by operation of the Final Approval Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. 7.4. Each Settlement Class Member and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Approval Order, the Settlement Class Members and Plan shall be conclusively deemed to, and by operation of the Final Judgment Approval Order shall settle, release, relinquish, waive, and discharge any and all rights or benefits they may now have, fullyor in the future may have, finallyunder any law relating to the releases of unknown claims pertaining specifically to Section 1542 of the California Civil Code, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and forever releasedthat, relinquishedif known by him or her, would have materially affected his or her settlement with the debtor or released party. Also, the Settlement Class Members and discharged the Plan hereby stipulate and agree with respect to any and all Released Claims against that, upon entry of the Released Parties Final Approval Order, that the Settlement Class Members and shall have covenanted not to sue the Released Parties with respect to all such Released Claims, and Plan shall be permanently barred and enjoined from asserting, commencing, prosecuting, instituting, assisting, instigating, or in any way participating in the commencement or prosecution of any action or other proceeding, in any forum, asserting any Released Claim, in any capacity, against any of the Released Parties. Nothing contained herein shall, however, bar the Releasing Parties from bringing any action or claim to enforce the terms of this Stipulation or the Final Judgment. 6.2. Upon the Effective Date, Defendants, on behalf of themselves and their Related Parties, shall be conclusively deemed to haveto, and by operation of the Final Judgment Approval Order shall havewaive any and all provisions, fully, finallyrights, and forever releasedbenefits conferred by any law or of any State or territory within the United States or any foreign country, relinquishedor any principle of common law, and discharged Plaintiffswhich is similar, comparable, or equivalent in substance to Section 1542 of the California Civil Code. 7.5. The Settlement Class Members, Plaintiffs’ Counsel, Members and their Related Parties from all Claims, whether known or unknown, which arise out of, concern or relate to the institution, prosecution, settlement or dismissal of the Action (“Defendants’ Released Claims”), Plan acknowledge and shall be permanently enjoined from prosecuting deemed by operation of the Defendants’ Released Claims against Plaintiffs, Final Approval Order to have acknowledged that each of the foregoing terms in this Article 7 were bargained for separately and are each a key element of the Settlement Class Members, Plaintiffs’ Counsel, and their Related Parties (collectively, “Plaintiffs’ Released Parties”). Nothing contained hereinembodied in this Settlement Agreement.