Common use of Releases and Covenants Clause in Contracts

Releases and Covenants. a. Upon the occurrence of the Effective Date and in consideration of payment of the Settlement Amount specified in Paragraph 6 above, Plaintiff and all Class Members, whether or not they object to the Settlement and whether or not they make a claim upon or participate in the Settlement Fund, on behalf of themselves and their respective past, present, and future parents, members, subsidiaries, associates, affiliates, stockholders or shareholders (in their capacity as shareholders), officers, directors, management, supervisory boards, employees, insurers, general or limited partners, divisions, agents, attorneys, servants, trustees, joint ventures, heirs, executors, administrators, representatives (and the parents’ subsidiaries’ and affiliates’ past and present officers, directors, employees, agents, attorneys, servants, and representatives), and their trustees, predecessors, successors, heirs, executors, administrators, representatives, and assigns (collectively, the “Releasors”), hereby release and forever discharge Actavis and Merz and their past, present, and future parents, members, subsidiaries, divisions, associates, affiliates, joint ventures, stockholders or shareholders (in their capacity as shareholders), officers, directors, management, supervisory boards, insurers, general or limited partners, employees, agents, attorneys, servants, trustees, heirs, executors, administrators, representatives (and the parents’, subsidiaries’, and affiliates’ past, present, and future officers, directors, employees, agents, attorneys, servants, and representatives), and the predecessors, successors, heirs, executors, administrators and representatives and assigns of each of the foregoing, including but not limited to Forest Laboratories, LLC, Actavis plc, Allergan Sales, LLC, Allergan Limited, AbbVie Inc., and Xxxx Pharma GmbH & Co. KGaA (collectively, the “Releasees”) from all manner of claims, debts, obligations, demands, actions, suits, causes of action, damages whenever incurred, liabilities of any nature whatsoever, including costs, expenses, penalties and attorneys’ fees, under federal or state laws, whether known or unknown, foreseen or unforeseen, suspected or unsuspected, contingent or non-contingent, in law or equity, that (i) arise out of or relate, in whole or in part, to:

Appears in 1 contract

Samples: Settlement Agreement

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