SCOPE AND EFFECT OF SETTLEMENT. The obligations incurred pursuant to this Stipulation are (a) subject to approval by the Court and the Judgment, or Alternative Judgment, reflecting such approval becoming Final; and (b) in full and final disposition of the Action with respect to the Released Parties and any and all Released Claims and Released Defendants’ Claims.
SCOPE AND EFFECT OF SETTLEMENT. (a) The obligations incurred pursuant to this Agreement shall be in full and final disposition of the following:
(i) The OTC Action against Barclays;
(ii) Any and all Released Claims as against all Released Parties; and
(iii) Any and all Settling Defendant’s Claims as against all Releasing Parties.
(b) Upon the Effective Date of Settlement, each of the Releasing Parties:
(i) Shall be deemed to have, and by operation of the Final Judgment and Order of Dismissal, shall have, fully, finally, and forever waived, released, relinquished, and discharged all Released Claims against the Released Parties, regardless of whether such Releasing Party executes and delivers a proof of claim;
(ii) Shall forever be enjoined from prosecuting in any forum any Released Claim against any of the Released Parties; and
(iii) Agrees and covenants not to sue any of the Released Parties on the basis of any Released Claims or to assist any third party in commencing or maintaining any suit against any Released Party related in any way to any Released Claims.
(c) Upon the Effective Date of Settlement, each of the Released Parties:
(i) Shall be deemed to have, and by operation of the Final Judgment and Order of Dismissal shall have fully, finally, and forever released and discharged Class Plaintiffs, OTC Plaintiffs’ Counsel, and each and all OTC Class Members from each and every one of the Settling Defendant’s Claims;
(ii) Shall forever be enjoined from prosecuting the Settling Defendant’s Claims; and
(iii) Agrees and covenants not to sue on the basis of the Settling Defendant’s Claims, or to assist any third party in commencing or maintaining any such suit related to the Settling Defendant’s Claims.
(d) The releases provided in this Agreement shall become effective immediately upon occurrence of the Effective Date of Settlement without the need for any further action, notice, condition, or event.
(e) As an express and material condition of this Agreement, the Court shall enter an order, in the Final Judgment and Order of Dismissal or otherwise, to the extent permitted by law, barring claims against the Released Parties for contribution or indemnification (however denominated) for all or a portion of any amounts paid or awarded in the OTC Action by way of settlement, judgment, or otherwise by any of the following:
(i) Any of the other Defendants currently named in the OTC Action;
(ii) Any other Person formerly named as a party in the OTC Action; or
(iii) Any other Person subsequently ad...
SCOPE AND EFFECT OF SETTLEMENT. The obligations incurred pursuant to this Stipulation shall be in full and final disposition of the Action and any and all Released Claims as against all Released Defendant Parties and any and all Released Defendants’ Claims as against all Released Plaintiff Parties.
SCOPE AND EFFECT OF SETTLEMENT. The payments, releases, and other agreements set forth in this Stipulation are
SCOPE AND EFFECT OF SETTLEMENT. 111
(a) Scope of the Settlement 111 (b) Settlement Class Certification 111
SCOPE AND EFFECT OF SETTLEMENT. The obligations incurred pursuant to this Settlement Agreement are subject to approval by the Court, such approval becoming Final, and are in full and final disposition of the claims in the Action with respect to the Released Parties and any and all Released Claims and Released Defendants’ Claims.
SCOPE AND EFFECT OF SETTLEMENT. The obligations incurred pursuant to this Stipulation are subject to approval by the Court, such approval becoming Final, and are in full and final disposition of the claims in the Action with respect to the Released Parties and any and all Released Claims and Released Defendants’ Claims.
SCOPE AND EFFECT OF SETTLEMENT. The obligations incurred pursuant to this Stipulation shall be in full and final disposition of (i) 5 the Actions against Defendants, (ii) any and all Settled Claims as against all Released Parties, and (iii) any 7 and all Settled Defendants’ Claims.
SCOPE AND EFFECT OF SETTLEMENT. 2.1 The obligations incurred under this Agreement shall be in full and final resolution and disposition of the Litigation Claims and any and all Released Claims against all Released Parties and all Settled Defense Claims.
2.2 Upon the Effective Date, the Class Representatives and the Class members, on behalf of themselves and each of their past or present officers, directors, employees, agents, representatives, general or limited partners, managers, members, affiliates, parents, subsidiaries, heirs, executors, administrators, successors and assigns, shall, to the fullest extent of their authority to do so, with respect to each and every Released Claim, fully, finally, completely, and unconditionally release, acquit, forever discharge, dismiss with prejudice, compromise, resolve, settle, and waive any Released Claim against any Released Party.
2.3 Upon the Effective Date, each of the Released Parties shall release and forever discharge each and every one of the Settled Defense Claims, and shall forever be enjoined from prosecuting the Settled Defense Claims.
2.4 As of the Execution Date, the putative Class Representatives (on behalf of themselves and the putative Class) hereby agree not to xxx any Xxxxxxx Defendant with regard to any any Released Claims nor to voluntarily assist, advise, entice, solicit, or otherwise encourage any persons to bring a claim, lawsuit, action, or demand against any Xxxxxxx Defendant. In the event that this Agreement becomes null and void such that the consideration for settlement will not be paid, any and all obligations under this Section 2.4 shall cease.
2.5 The Parties hereby agree not to seek to advance any legal or factual position against another Party to this Agreement between the Execution Date and the Payment Date.
2.6 The Parties acknowledge and agree that the Settlement Fund represents a compromise of all alleged or possible damages including but not limited to lost exchange funds, tax liabilities, attorneys' fees, costs, and any other consequential, emotional distress, and/or punitive damages.
2.7 Nothing in this Section 2 is intended to, or shall be construed to, affect the Parties' ability to enforce this Agreement.
2.8 Nothing in this Agreement shall constitute a release, waiver, or assignment of any of the Class's rights against any person or entity other than the Xxxxxxx Defendants.
SCOPE AND EFFECT OF SETTLEMENT. 13 42. The obligations incurred pursuant to this Stipulation are (a) subject to approval by 14 the Court and the Judgment, or Alternative Judgment, reflecting such approval becoming Final; 15 and (b) in full and final disposition of the Action with respect to the Released Parties and any and 16 all Released Claims and Released Defendants’ Claims.
17 43. For purposes of this Settlement only, the Parties agree to: (a) certification of the 18 Action as a class action, pursuant to Fed. R. Civ. P. 23(a) and 23(b)(3), on behalf of the Settlement 19 Class as defined above in ¶ 35; (b) the appointment of Plaintiffs as Class Representatives for the 20 Settlement Class; and (c) the appointment of Lead Counsel as Class Counsel for the Settlement 21 Class pursuant to Federal Rule of Civil Procedure 23(g).
22 44. Upon the Effective Date, Plaintiffs and each and every other Settlement Class 23 Member (whether or not such Settlement Class Member receives the Notice, executes and delivers 24 a valid Proof of Claim, or receives proceeds from the Settlement Fund), and the heirs, 25 representatives, attorneys, affiliates, executors, trustees, administrators, predecessors, successors, 26 and assigns of each of them, in their capacity as such, shall be deemed to have, and by operation of 27 the Judgment or Alternative Judgment shall have, fully, finally, and forever waived, released, 28 discharged, and dismissed each and every one of the Released Claims against each and every one 1 of the Released Defendant Parties.
2 45. Upon the Effective Date, Lead Plaintiffs and each and every other Settlement Class 3 Member (whether or not such Settlement Class Member receives the Notice, executes and delivers 4 a valid Proof of Claim, or receives proceeds from the Settlement Fund), and the heirs, 5 representatives, attorneys, affiliates, executors, trustees, administrators, predecessors, successors, 6 and assigns of each of them, in their capacity as such, shall forever be barred and enjoined from the 7 assertion, institution, maintenance, prosecution, or enforcement of any and all Released Claims 8 against each and every one of the Released Defendant Parties, in any state or federal court or arbitral 9 forum, or in the court of any foreign jurisdiction, administrative forum or other forum of any kind, 10 either directly or indirectly, on their own behalf or on behalf of any class or other person.
11 46. Upon the Effective Date, Defendants, and the heirs, representatives, attorneys, 12 a...
