Common use of Unknown Claims/California Civil Code Section 1542 Clause in Contracts

Unknown Claims/California Civil Code Section 1542. 12.1. With respect to any and all Released Claims and Settling Defendant’s Claims, the Parties stipulate and agree that by operation of the Judgment, upon the Effective Date, Releasing Parties and Released Credit Suisse Parties shall have expressly waived, and each Class Member shall be deemed to have waived, and by operation of the Judgment shall have expressly waived, the provisions, rights, and benefits of Section 1542 of the California Civil Code. The releases set forth in paragraph 11 above constitute a waiver of Section 1542 of the California Civil Code (to the extent it applies hereto), which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 12.2. The releases set forth in paragraph 11 above also constitute a waiver of any and all provisions, rights, and benefits of any federal, state, or foreign law, rule, regulation, or principle of law or equity that is similar, comparable, equivalent to, or which has the effect of, Section 1542 of the California Civil Code. The Releasing Parties and the Released Credit Suisse Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true with respect to the subject matter of this Agreement, but that it is their intention to release fully, finally, and forever all of the Released Claims or Settling Defendant’s Claims, as the case may be, and in furtherance of such intention, the release shall be irrevocable and remain in effect notwithstanding the discovery or existence of any such additional or different facts, whether or not concealed or hidden. In entering and making this Agreement, the Releasing Parties and the Released Credit Suisse Parties assume the risk of any mistake of fact or law and the release shall be irrevocable and remain in effect notwithstanding any mistake of fact or law. Bondholder Class Plaintiffs and the Released Credit Suisse Parties acknowledge, and Bondholder Class Members shall be deemed to have acknowledged, that the inclusion of unknown claims in the definition of Released Claims and Settling Defendant’s Claims was separately bargained for and was a key element of the Settlement Agreement.

Unknown Claims/California Civil Code Section 1542. 12.1. With respect to any and all Released Claims and Settling Defendant’s Claims, the Parties stipulate and agree that by operation of the Judgment, upon the Effective Date, Releasing Parties and Released Credit Suisse Norinchukin Parties shall have expressly waived, and each Class Member shall be deemed to have waived, and by operation of the Judgment shall have expressly waived, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code. The releases set forth in paragraph 11 above constitute a waiver of Section 1542 of the California Civil Code (to the extent it applies hereto), which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 12.2. The releases set forth in paragraph 11 above also constitute a waiver of any and all provisions, rights, and benefits of any federal, state, state or foreign law, rule, regulation, or principle of law or equity that is similar, comparable, equivalent to, or which has the effect of, Section 1542 of the California Civil Code. The Releasing Parties and the Released Credit Suisse Norinchukin Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true with respect to the subject matter of this Agreement, but that it is their intention to release fully, finally, and forever all of the Released Claims or Settling Defendant’s Claims, as the case may be, and in furtherance of such intention, the release shall be irrevocable and remain in effect notwithstanding the discovery or existence of any such additional or different facts, whether or not concealed or hidden. In entering and making this Agreement, the Releasing Parties and the Released Credit Suisse Norinchukin Parties assume the risk of any mistake of fact or law and the release shall be irrevocable and remain in effect notwithstanding any mistake of fact or law. Bondholder Class Plaintiffs and the Released Credit Suisse Norinchukin Parties acknowledge, and Bondholder Class Members shall be deemed to have acknowledged, that the inclusion of unknown claims in the definition of Released Claims and Settling Defendant’s Claims was separately bargained for and was a key element of the Settlement Agreement.

Unknown Claims/California Civil Code Section 1542. 12.1. With respect to any and all Released Claims and Settling Defendant’s Claims, the Parties stipulate and agree that by operation of the Judgment, upon the Effective Date, Releasing Parties and Released Credit Suisse Barclays Parties shall have expressly waived, and each Class Member shall be deemed to have waived, and by operation of the Judgment shall have expressly waived, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code. The releases set forth in paragraph 11 above constitute a waiver of Section 1542 of the California Civil Code (to the extent it applies hereto), which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 12.2. The releases set forth in paragraph 11 above also constitute a waiver of any and all provisions, rights, and benefits of any federal, state, state or foreign law, rule, regulation, or principle of law or equity that is similar, comparable, equivalent to, or which has the effect of, Section 1542 of the California Civil Code. The Releasing Parties and the Released Credit Suisse Barclays Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true with respect to the subject matter of this Agreement, but that it is their intention to release fully, finally, and forever all of the Released Claims or Settling Defendant’s Claims, as the case may be, and in furtherance of such intention, the release shall be irrevocable and remain in effect notwithstanding the discovery or existence of any such additional or different facts, whether or not concealed or hidden. In entering and making this Agreement, the Releasing Parties and the Released Credit Suisse Barclays Parties assume the risk of any mistake of fact or law and the release shall be irrevocable and remain in effect notwithstanding any mistake of fact or law. Bondholder Class Plaintiffs and the Released Credit Suisse Barclays Parties acknowledge, and Bondholder Class Members shall be deemed to have acknowledged, that the inclusion of unknown claims in the definition of Released Claims and Settling Defendant’s Claims was separately bargained for and was a key element of the Settlement Agreement.

Unknown Claims/California Civil Code Section 1542. 12.1. With respect to any and all Released Claims and Settling Defendant’s Claims, the Parties stipulate and agree that by operation of the Judgment, upon the Effective Date, Releasing Parties and Released Credit Suisse Citi Parties shall have expressly waived, and each Class Member shall be deemed to have waived, and by operation of the Judgment shall have expressly waived, the provisions, rights, rights and benefits of Section 1542 of the California Civil Code. The releases set forth in paragraph 11 above constitute a waiver of Section 1542 of the California Civil Code (to the extent it applies hereto), which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 12.2. The releases set forth in paragraph 11 above also constitute a waiver of any and all provisions, rights, and benefits of any federal, state, state or foreign law, rule, regulation, or principle of law or equity that is similar, comparable, equivalent to, or which has the effect of, Section 1542 of the California Civil Code. The Releasing Parties and the Released Credit Suisse Citi Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true with respect to the subject matter of this Agreement, but that it is their intention to release fully, finally, and forever all of the Released Claims or Settling Defendant’s Claims, as the case may be, and in furtherance of such intention, the release shall be irrevocable and remain in effect notwithstanding the discovery or existence of any such additional or different facts, whether or not concealed or hidden. In entering and making this Agreement, the Releasing Parties and the Released Credit Suisse Citi Parties assume the risk of any mistake of fact or law and the release shall be irrevocable and remain in effect notwithstanding any mistake of fact or law. Bondholder Class Plaintiffs and the Released Credit Suisse Citi Parties acknowledge, and Bondholder Class Members shall be deemed to have acknowledged, that the inclusion of unknown claims in the definition of Released Claims and Settling Defendant’s Claims was separately bargained for and was a key element of the Settlement Agreement.

Unknown Claims/California Civil Code Section 1542. 12.1. With respect to any and all Released Claims and Settling Defendant’s Claims, the Parties stipulate and agree that by operation of the Judgment, upon the Effective Date, Releasing Parties and Released Credit Suisse RBS Parties shall have expressly waived, and each Class Member shall be deemed to have waived, and by operation of the Judgment shall have expressly waived, the provisionsprovi- sions, rights, rights and benefits of Section 1542 of the California Civil Code. The releases set forth in paragraph 11 above constitute a waiver of Section 1542 of the California Civil Code (to the extent it applies hereto), which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 12.2. The releases set forth in paragraph 11 above also constitute a waiver of any and all provisions, rights, and benefits of any federal, state, state or foreign law, rule, regulation, or principle of law or equity that is similar, comparable, equivalent to, or which has the effect of, Section 1542 of the California Civil Code. The Releasing Parties and the Released Credit Suisse RBS Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true with respect to the subject matter of this Agreement, but that it is their intention to release fully, finally, and forever all of the Released Claims or Settling Defendant’s Claims, as the case may be, and in furtherance of such intention, the release shall be irrevocable and remain in effect notwithstanding the discovery or existence of any such additional or different facts, whether or not concealed or hidden. In entering and making this Agreement, the Releasing Parties and the Released Credit Suisse RBS Parties assume the risk of any mistake of fact or law and the release shall be irrevocable and remain in effect notwithstanding any mistake of fact or law. Bondholder Class Plaintiffs and the Released Credit Suisse RBS Parties acknowledge, and Bondholder Class Members shall be deemed to have acknowledged, that the inclusion of unknown claims in the definition of Released Claims and Settling Defendant’s Claims was separately bargained for and was a key element of the Settlement Agreement.

Unknown Claims/California Civil Code Section 1542. 12.1. With respect to any and all Released Claims and Settling Defendant’s Claims, the Parties stipulate and agree that by operation of the Judgment, upon the Effective Date, Releasing Parties and Released Credit Suisse MUFG Parties shall have expressly waived, and each Class Member shall be deemed to have waived, and by operation of the Judgment shall have expressly waived, the provisionsprovi- sions, rights, rights and benefits of Section 1542 of the California Civil Code. The releases set forth in paragraph 11 above constitute a waiver of Section 1542 of the California Civil Code (to the extent it applies hereto), which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 12.2. The releases set forth in paragraph 11 above also constitute a waiver of any and all provisions, rights, and benefits of any federal, state, state or foreign law, rule, regulation, or principle of law or equity that is similar, comparable, equivalent to, or which has the effect of, Section 1542 of the California Civil Code. The Releasing Parties and the Released Credit Suisse MUFG Parties acknowledge that they are aware that they may hereafter discover facts in addition to, or different from, those facts which they know or believe to be true with respect to the subject matter of this Agreement, but that it is their intention to release fully, finally, and forever all of the Released Claims or Settling Set- tling Defendant’s Claims, as the case may be, and in furtherance of such intention, the release shall be irrevocable and remain in effect notwithstanding the discovery or existence of any such additional addi- tional or different facts, whether or not concealed or hidden. In entering and making this AgreementAgree- ment, the Releasing Parties and the Released Credit Suisse MUFG Parties assume the risk of any mistake of fact or law and the release shall be irrevocable and remain in effect notwithstanding any mistake of fact or law. Bondholder Class Plaintiffs and the Released Credit Suisse MUFG Parties acknowledge, and Bondholder Bond- holder Class Members shall be deemed to have acknowledged, that the inclusion of unknown claims in the definition of Released Claims and Settling Defendant’s Claims was separately bargained bar- gained for and was a key element of the Settlement Agreement.