SCOPE OF SETTLEMENT AGREEMENT. 45. 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. 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.
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.
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. 22. The provisions of this Agreement shall apply to NWTS and any subsidiaries, predecessors, acquired companies, or successor entities. It shall also apply to any current and future 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 conducted between January 1, 2010 and July 31, 2017.
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.
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.
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 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.
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.
