Representations and Stipulations a. Each of the Settling Defendants, other than Wilmington Trust Company in its Representative Capacities, represents, warrants and declares that: (i) it has acted in good faith and has used its best efforts in identifying the members of the Trust Loans Settlement Class and in producing the loan documents and loan payment and loan payoff information on which the distribution of the individual Trust Loans Settlement Class Member Payments shown on Schedule A is based; and (ii) based solely on said best efforts, it is not aware of any members of the Trust Loans Settlement Class other than those identified on Exhibit D. Each of the Settling Defendants, other than Wilmington Trust Company in its Representative Capacities, agrees to deem as of the Effective Date all FCMC/CFG Related Trust Loans currently owned or held by it in any relevant capacity as fully repaid and satisfied or otherwise resolved such that no debt or other amount shall remain due and/or owing from any obligor on such loans. As to the FCMC/CFG Related Trust Loan of Trust Loan Settlement Class Member Xxxx Xxxxxx, U.S. Bank National Association further agrees upon the execution of the Agreement to advise the servicer of such loan of the terms of this Agreement and to request such servicer to cease collecting further payments with respect to this loan. If further payments are collected from Xx. Xxxxxx following the execution of the Agreement, those amounts shall be refunded to Xx. Xxxxxx within 30 days of the Effective Date from the cash proceeds collected by the trust that holds Xx. Xxxxxx'x loan, which refunded amounts shall be in addition to (and shall not reduce) the Settlement Fund. Each of the Settling Defendants, for itself and in all relevant Representative Capacities, hereby agrees and covenants not to sue or initiate any type of proceeding against the obligors, or their heirs, personal representatives, successors or assigns, of any FCMC/CFG Related Loan in order to collect, recover or obtain any relief with respect to the loans.
b. Plaintiffs’ Counsel represent and warrant to the Settling Defendants that: (i) they have acted in good faith and have used its best efforts in identifying the members of the Trust Loans Settlement Class; (ii) based solely on said best efforts, they are not aware of any members of the Trust Loans Settlement Class other than those identified on Exhibit D; (iii) they have not been informed of an intention on the part of any member of the Trust Loans Settlement Cl...
Representations and Stipulations a. Xxxxxxxx represents, warrants and declares that (i) it has acted in good faith and has used its best efforts in identifying the members of the Wendover Settlement Class and in producing the loan documents and loan payment and payoff information on which it understands the distribution of the individual Wendover Settlement Class Member Payments shown on Schedule A is based; and (ii) based on said efforts, Xxxxxxxx is not aware of any members of the Wendover Settlement Class who have not been identified on Exhibit D.
b. Upon the Effective Date, the following stipulations shall be made:
Representations and Stipulations a. Countrywide represents, warrants and declares that (i) it has acted in good faith and has used its best efforts in identifying the members of the Countrywide Settlement Class and in producing the loan documents and loan payment and payoff information on which the distribution of the individual Countrywide Settlement Class Member Payments shown on Schedule A is based; and (ii) based on said efforts, Countrywide is not aware of any members of the Countrywide Settlement Class who have not been identified on Exhibit D.
b. Upon the Effective Date, the following stipulations shall be made:
Representations and Stipulations a. Upon the Effective Date, the following stipulations shall be made:
Representations and Stipulations a. Alltru represents, warrants, and declares that:
(i) it has acted in good faith and has used its best efforts in identifying the members of the Settlement Class and in providing the information referenced in Paragraph 3.b. on which the distribution of the individual Settlement Class Member Payments on Schedule A is based;
(ii) to the best of Alltru’s actual knowledge, there are no members of the Settlement Class other than those identified on Exhibit C;
(iii) but for the “automatic bar” operation of law as enforced by the Settlement, the total amount due and owing from the Settlement Class Members for “deficiencies” on the Effective Date, if such totals could be determined or located, is approximately $6,340,000; and
(iv) no person was mailed a post-sale notice after June 18, 2018, that reflects that Alltru accrued and included post-default/prejudgment interest.
b. Upon the Effective Date, the following stipulations shall be made:
Representations and Stipulations a. KTCCU represents, warrants and declares that:
(i) it has acted in good faith and has used its best efforts in identifying the members of the Settlement Class and in producing the Class Members’ Retail Installment Contracts and Security Agreements and loan payment and servicing records on which the distribution of the individual Settlement Class Member Payments shown on Schedule A is based;
(ii) there are no members of the Settlement Class other than those identified on Exhibit E;
(iii) With respect to Plaintiff’s claims in Counts 1, 2 and 3 of the First Amended Petition, Plaintiff’s Supplemental Expert Witness Report dated September 24, 2010, including attached Tables 1, 2 and 3, accurately sets forth the information found in the Class members’ individual loan and loan servicing files and on their Retail Installment Contracts and Security Agreements and/or calculated by Plaintiff’s experts based upon such information;
(iv) With respect to Plaintiff’s claims in Count 1 of the First Amended Petition, that the total of all cash prices for the Class members was $1,760,332.10; the total for all the finance charges for the Class members was $1,1016,889.98; thus, the total for the claimed UCC statutory damages penalty (10% of the “cash price” plus the finance charge) for all Settlement Class Members, after deducting $51,984.12 for the cost of any services contracts, would be $1,187,724.78, as set forth in Table I of Plaintiff’s Supplemental Expert Witness Report dated September 24, 2010;
(v) But for the “automatic bar” operation of law as enforced by this Settlement, the total amount that would have been due and owing from the Class members for “deficiencies” immediately after their repossession and sale was $878,555.43, and such deficiencies would have run with interest at the contract annual percentage rates, which averaged approximately 18%;
(vi) According to KTCCU’s court record search, no judgments were taken against Class Members. KTCCU states that it is possible that other litigation may have been taken against other Settlement Class Members but KTCCU is unaware of such actions; and
(vii) With respect to Plaintiff’s claims in Count 2 of the First Amended Petition, Plaintiff and the Class Members make claims for monetary losses in the amount of $821,105.32 ($161,110.39 in down payments and $659,904.93 in payments of principal and interest on the motor vehicle loans) and prejudgment interest amounts totaling $365,410.00 ($106,609.33 in prejudgment interes...
Representations and Stipulations. By signing this Agreement, Employee acknowledges, represents and stipulates as follows:
Representations and Stipulations a. LaSalle represents, warrants and declares that (i) it has acted in good faith and has used its best efforts in identifying the members of the LaSalle Settlement Class and in producing the loan documents and loan payment and payoff information on which the distribution of the individual LaSalle Settlement Class Member Payments shown on Schedule A is based; and (ii) based on said efforts, LaSalle is not aware of any members of the LaSalle Settlement Class who have not been identified on Exhibit D.
b. Upon the Effective Date, the following stipulations shall be made:
Representations and Stipulations a. Each Settling Defendant represents, warrants and declares that it has acted in good faith and has used its best efforts to identify the members of the DBNTC Trusts Settlement Class through the process of producing the loan documents and loan payment and payoff information in each Settling Defendant’s respective possession, if any, on which the distribution of the individual DBNTC Trusts Settlement Class Member Payments shown on Schedule A is based. Additionally, Settling Defendants represent, warrant and declare that their efforts to identify the members of the DBNTC Trusts Settlement Class included running the lists of class members identified by Plaintiffs’ counsel through any applicable databases.
b. DBNTC, in its capacity as trustee for the DBNTC Trusts, represents, warrants and declares that the DBNTC Trusts do not have any affiliates (as defined in 12 U.S.C. § 1841(k)) or parent or subsidiary companies.
c. The Settling Defendants and Named Plaintiffs, and each of them, represent, warrant and declare that based on their best efforts, they are not aware of any members of the DBNTC Trusts Settlement Class who have not been identified on Exhibit D.
d. Upon the Effective Date, the following stipulations shall be made:
Representations and Stipulations a. SMCU represents, warrants and declares that:
(i) it has acted in good faith and has used its best efforts in identifying the members of the Settlement Class and in producing the Class Members’ Retail Installment Contracts and Security Agreements or other Loan Agreements on which the distribution of the individual Settlement Class Member Payments on Schedule A is based;
(ii) to the best of SMCU’s actual knowledge, there are no members of the Settlement Class other than those identified on Exhibit C;
(iii) But for the “automatic bar” operation of law as enforced by the Settlement, the total amount due and owing from the Settlement Class Members for “deficiencies” on the Effective Date, if such totals could be determined or located, is approximately $59,609.96.
b. Except for their clients in Case No. 16AU-AC00046 Counsel represents and warrants to SMCU they have not been retained by any existing client to commence a new lawsuit or pursue any claims or right of relief against SMCU regarding any of the Released Claims. In addition, Class Counsel agrees that they will not solicit the right to legally represent any member or members of the Settlement Class who opt(s) out of the Settlement Class and Settlement regarding the Released Claims unless the Agreement terminates or does not become effective.
