Examples of Bondholder Action in a sentence
The Parties further agree not to assert in any judicial proceeding that any Party violated Federal Rule of Civil Procedure 11 in connection with the Bondholder Action.
Neither the existence nor the terms of this Agreement (nor any negotiations preceding this Agreement nor any acts performed pursuant to, or in furtherance of, this Agreement) shall be used in the Bondholder Action or any other lawsuit, arbitration, or other proceeding for any purpose (other than to enforce the terms remaining in effect).
This lawsuit, known as the Bondholder Action, is being prosecuted in the United States District Court for the Southern District of New York, and is part of a large group of cases referred to as In re LIBOR-Based Financial Instruments Antitrust Litigation, MDL No. 2262.
At the time Bondholder Plaintiffs’ Counsel submit an application or applications (the “Fee and Expense Application”) to the Court for an award from the Settlement Fund, such application will seek: (i) attorneys’ fees not in excess of 33-1/3% of the Settlement Amount; and (ii) reimbursement of litigation expenses, plus interest, incurred in connection with the prosecution of the Bondholder Action.
By opinion dated May 23, 2016, the Second Circuit reversed the District Court and remanded the Bondholder Action back to the District Court.
On March 29, 2013, the Southern District of New York dismissed the Sherman Act antitrust claims in all LIBOR-related actions then pending before it, including the Bondholder Action in its entirety.
The Parties further agree not to assert in any judicial proceeding that any Party violated Rule 11 of the Federal Rules of Civil Procedure in connection with the Bondholder Action.
With the object of reducing the costs of Class Notice, Bondholder Plaintiffs’ Counsel shall, to the extent they deem reasonable, coordinate the provision of Class Notice pertaining to this Agreement with the provision of notice for any other settlements that may be reached in the Bondholder Action.
The Court further orders that, as of the Effective Date, the Settling Defendants, including any and all of their successors in interest or assigns, hereby release and forever discharge any and all Settling Defendants’ Claims, to the extent they relate to the subject matter of the Bondholder Action or its prosecution, against Bondholder Plaintiffs, any of the members of the Subsequent Settlement Classes, and Counsel for the Subsequent Settlement Classes.
Accordingly, Bondholder Plaintiffs and HSBC agree not to assert in any judicial proceeding that the Bondholder Action was brought by Bondholder Plaintiffs or defended by HSBC in bad faith or without a reasonable basis.