SCOPE OF SETTLEMENT AGREEMENT. The provisions of this Agreement shall apply to the Defendants and any predecessors, acquired companies, or successor entities. It shall also apply to the officers, employees, agents, representatives, assigns, successors-in-interest, and all persons and entities in active concert or participation with all of those entities, including with respect to any loans they acquired from October 21, 2011 to the effective date of this Agreement.
SCOPE OF SETTLEMENT AGREEMENT. 32. The provisions of this Agreement shall apply to PHH and any subsidiaries, predecessors, acquired companies, or successor entities. It shall also apply to the officers, employees, agents, representatives, assigns, successors-in-interest, and all persons and entities in active concert or participation with all of those entities, including with respect to any foreclosures it conducted from January 1, 2010 to September 24, 2018.
33. In the event that PHH is acquired by or merges with another entity, PHH shall, as a condition of such acquisition or merger, obtain the written agreement of the acquiring or surviving entity to be bound by any obligations remaining under this Agreement for the remaining term of this Agreement.
34. This Agreement releases only the claims for violations of the SCRA addressed in the Complaint or identified in this Agreement. This Agreement does not release any other claims that may be held or are currently under investigation by any federal agency against PHH or any of its affiliated entities.
35. Nothing in this Agreement will excuse PHH’s noncompliance with any currently or subsequently effective provision of law or order of a regulator with authority over PHH that imposes additional obligations on it.
SCOPE OF SETTLEMENT AGREEMENT. 30. The provisions of this Agreement shall apply to the Defendant and any subsidiaries, predecessors, acquired companies, or successor entities. It shall also apply to the officers, employees, agents, representatives, assigns, successors-in- interest, and all persons and entities in active concert or participation with all of those entities, including with respect to any loans they acquired from 2007 to the effective date of this Agreement.
31. In the event that the Defendant is acquired by or merges with another entity, the Defendant shall, as a condition of such acquisition or merger, obtain the written agreement of the acquiring or surviving entity to be bound by any obligations remaining under this Agreement for the remaining term of this Agreement.
32. This Agreement releases only the claims for violations of Section 3952(a) of the SCRA addressed in the Complaint or identified in this Agreement. This Agreement does not release any other claims that may be held or are currently under investigation by any federal agency, or any claims that may be pursued for actions that may be taken by any executive agency established by 12 U.S.C. § 5491 or the appropriate Federal Banking Agency (FBA), as defined in 12 U.S.C. § 1813(q), against the Defendant, any of its affiliated entities, and/or any its institution-affiliated parties, as defined by 12 U.S.C. § 1818 or any other statute or regulation. This Agreement does not release any claims that the United States or Defendant may have against Santander Consumer USA, Inc.
33. Nothing in this Agreement will excuse the Defendant’s compliance with any currently or subsequently effective provision of law or order of a regulator with authority over the Defendant that imposes additional obligations on it.
SCOPE OF SETTLEMENT AGREEMENT. 34. The provisions of this Agreement shall apply to BMW FS and any parents, subsidiaries, affiliates, predecessors, acquired companies, or successor entities. It shall also apply to the officers, employees, agents, representatives, assigns, and successors-in-interest, including with respect to any leases it contracted for or was assigned from August 24, 2011 to the effective date of this Agreement.
35. In the event that the stock of BMW FS is acquired by or merges with another entity, BMW FS shall, as a condition of such acquisition or merger, obtain the written agreement of the acquiring or surviving entity to be bound by any obligations remaining under this Agreement for the remaining term of this Agreement.
36. This Agreement releases only the claims for violations of Section 3955(f) of the SCRA addressed in the Complaint or identified in this Agreement from August 24, 2011 to the effective date of this Agreement. This Agreement does not release any other claims that may be held or are currently under investigation by any federal agency against BMW FS or any of its affiliated entities.
37. Nothing in this Agreement will excuse BMW FS’s noncompliance with any currently or subsequently effective provision of law or order of a regulator with authority over BMW FS that imposes additional obligations on it.
SCOPE OF SETTLEMENT AGREEMENT. The Parties agree that this Settlement Agreement resolves all issues among the Parties associated with, and constitutes a comprehensive settlement of, all issues that have or could have been raised by the Parties in connection with the FERC relicensing of the Project.
SCOPE OF SETTLEMENT AGREEMENT. 32. The provisions of this Agreement shall apply to Twin Creek and any subsidiaries, predecessors, acquired companies, or successor entities. It shall also apply to the officers, employees, agents, representatives, assigns, successors-in-interest, and all persons and entities in active concert or participation with all of those entities, including with respect to any leases that were subject to early termination from January 1, 2012 to the effective date of this Agreement.
33. In the event that Twin Creek is acquired by or merges with another entity, Twin Creek shall, as a condition of such acquisition or merger, obtain the written agreement of the acquiring or surviving entity to be bound by any obligations remaining under this Agreement for the remaining term of this Agreement.
34. This Agreement releases only the claims for violations of Section 3955(e)(1) of the SCRA addressed in the Complaint or identified in this Agreement. This Agreement does not release any other claims that may be held or are currently under investigation by any federal agency against Twin Creek or any of its affiliated entities.
35. Nothing in this Agreement will excuse Twin Creek’s noncompliance with any currently or subsequently effective provision of law or order of a regulator with authority over Twin Creek that imposes additional obligations on it.
SCOPE OF SETTLEMENT AGREEMENT. 32. The provisions of this Agreement shall apply to UC and any subsidiaries, predecessors, acquired companies, or successor entities. It shall also apply to the officers, employees, agents, representatives, assigns, successors-in-interest, and all persons and entities in active concert or participation with all of those entities, including with respect to any leases that were subject to early termination from October 18, 2012 to the effective date of this Agreement.
33. In the event that UC is acquired by or merges with another entity, UC shall, as a condition of such acquisition or merger, obtain the written agreement of the acquiring or surviving entity to be bound by any obligations remaining under this Agreement for the remaining term of this Agreement.
34. This Agreement releases only the claims for violations of Section 3955(e)(1) of the SCRA addressed in the Complaint or identified in this Agreement. This Agreement does not release any other claims that may be held or are currently under investigation by any federal agency against UC or any of its affiliated entities.
35. Nothing in this Agreement will excuse UC’s noncompliance with any currently or subsequently effective provision of law or order of a regulator with authority over UC that imposes additional obligations on it.
SCOPE OF SETTLEMENT AGREEMENT. 44. The provisions of this Agreement shall apply to NMAC and any parents, subsidiaries, affiliates, predecessors, acquired companies, or successor entities doing business in the United States. It shall also apply to the officers, employees, agents, representatives, assigns, and successors-in-interest, including with respect to any repossessions or lease terminations occurring during the period from January 1, 2008 through the effective date of this Agreement.
45. In the event that NMAC is acquired by or merges with another entity, NMAC shall, as a condition of such acquisition or merger, obtain the written agreement of the acquiring or surviving entity to be bound by any obligations remaining under this Agreement for the remaining term of this Agreement.
46. This Agreement releases only the claims for violations of Sections 3952(a) and 3955(f) of the SCRA addressed in the Complaint or identified in this Agreement. This Agreement does not release any other claims that may be held or are currently under investigation by any federal agency against NMAC or any of its affiliated entities.
47. Nothing in this Agreement will excuse NMAC’s noncompliance with any currently or subsequently effective provision of law or order of a regulator with authority over NMAC that imposes additional obligations on it.
SCOPE OF SETTLEMENT AGREEMENT. 1 1 1 1 ’s
1 1 - -1 1 1 4 1 - -1 1 - -1 1 - - States’ t’s attorneys’ fees and costs Receiver’s fees and costs) without paying the amounts called for in as a waiver of the United States’ right or ability to
SCOPE OF SETTLEMENT AGREEMENT. 4.01. Bona fide disputes and controversies exist, both as to the fact and extent of liability, if any, and as to the fact and extent of damages, if any, of any Party. By reason of such disputes and controversies, and in order to avoid the expense and inconvenience of further litigation, the Parties desire to settle all claims, causes of action, contentions, and allegations that have been or could be asserted against each of them in the Disputes.
4.02. The Parties intend the full terms and conditions of the compromise and settlement to be set forth in this Settlement Agreement.
4.03. In consideration of the agreements, representations, and warranties contained within this Settlement Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
