Plaintiff Released Claims means and includes any and all claims for relief or causes of action, debts, demands, rights, or liabilities whatsoever,known or unknown, fixed or contingent, accrued or unaccrued, liquidated or unliquidated, at law or in equity, against any Plaintiff Released Parties (i) arising out of and/or relating in any way to Plaintiff’s prosecution of, participation in, and/or settlement of the Action and/or Plaintiff’s conduct as a representative plaintiff in the Action, or (ii) that otherwise in any way relate to the subject matter of the Action. For the avoidance of doubt, the Plaintiff Released Claims shall not include the right to enforce this Settlement Agreement or the Settlement.
Plaintiff Released Claims means any and all claims for relief, damages, compensation, demands, suits, actions, injuries, losses, costs, expenses, and/or causes of action of any kind or character, including Unknown Claims, whether at law or in equity, regardless of legal theory, whether foreseen or unforeseen, contingent or actual, liquidated or unliquidated, known or unknown, whether class or individual in nature, whether based on state, local, foreign, federal (including but not limited to any state securities laws), statutory, regulatory, common or other law or rule (including, but not limited to, any claims that could be asserted by any Class Member derivatively on behalf of HomeFed or Jefferies), whether asserted in state or federal court or any other tribunal, forum, or proceedings, which: (1) any Plaintiff or any Class Member ever had, now has, or may have against any of the Defendant Released Parties by virtue of having owned HomeFed or Jefferies common stock, and (2) are based upon, arise out of, involve, or relate to any of the facts, allegations, conduct, actions, inaction, breaches of fiduciary duty or other obligations, statements, misrepresentations, omissions, transactions, events or occurrences that were alleged, asserted, or claimed in the complaints filed in the Consolidated Stockholder Action, or that otherwise relate to the Merger, the sales process leading to the Merger, the Merger Agreement, the Merger Consideration, and any disclosure, failure to disclose, statement or securities filing by any Person relating to the Merger (including, but not limited to, the Proxy). For the avoidance of doubt, the Plaintiff Released Claims shall not include the right to enforce this Settlement Agreement or the Settlement.
Plaintiff Released Claims means any and all claims whatsoever, which Defendants ever had or for, upon or by reason of, any claim asserted or which could have been asserted in the Action based on any matter or thing done or omitted by Plaintiff prior to the date of this Agreement, whether known or unknown, accrued or contingent.
Examples of Plaintiff Released Claims in a sentence
As of the Effective Date, the Defendants release all Plaintiff Released Claims against the Plaintiff Released Parties, and also release all claims against Plaintiff’s Counsel related to their bringing and prosecuting the Action.
The definition of “Plaintiff Released Claims” is intended to have the broadest possible application, but, for the avoidance of doubt, Plaintiff Released Claims does not include claims that arise exclusively under foreign law and that relate to transactions in Silver Instruments for which irrevocable liability was incurred, or title was passed, entirely outside the United States.
Upon the Effective Date, the Defendants release all Plaintiff Released Claims against the Plaintiff Released Parties, and also release all claims against Plaintiff’s Counsel related to their bringing and prosecuting the Action.
Such Plaintiff Released Claims, however, shall not include any claims to enforce the terms of Agreement.
Also, pending a final determination of whether the Settlement should be approved, the Court has barred and enjoined Plaintiff, Defendants, the SLC (on behalf of FNF), FNF’s stockholders, and any of them, from commencing, prosecuting, instigating, or in any way participating in the commencement or prosecution of any suit, action, or proceeding asserting any Plaintiff Released Claims against any Defendant Released Parties.
More Definitions of Plaintiff Released Claims
Plaintiff Released Claims means any and all manner of claims, demands, rights, liabilities, losses, obligations, duties, damages, costs, debts, expenses, interest, penalties, sanctions, fees, attorneys’ fees, actions, potential actions, causes of action, suits, agreements, judgments, decrees, matters, counterclaims, offsets, issues, and controversies of any kind, nature, or description whatsoever, whether accrued or unaccrued, disclosed or undisclosed, apparent or not apparent, foreseen or unforeseen, matured or not matured, suspected or unsuspected, liquidated or not liquidated, fixed or contingent, whether based on state, local, federal, statutory, regulatory, common, or other law or rule, including known claims and Unknown Claims, that were or could have been alleged by Plaintiff (individually or on behalf of the Company) or the SLC (on behalf of the Company) relating to the subject matter of the Action (including, but not limited to, the Old ISIP, the New ISIP, the Ceridian IPO Awards, the Externalization, the Management Services Agreement, the Operating Agreement, and the SPAC Claims) against any of the Defendant Released Parties or the SLC Released Parties in any court, tribunal, other adjudicatory body, forum, suit, action, or proceeding. For the avoidance of doubt, the Plaintiff Released Claims shall not include any claims to enforce this Stipulation or the Settlement, any direct or class claims of any Company stockholders other thanthose of the Plaintiff, or any claims based on conduct occurring after the date of execution of this Stipulation.
Plaintiff Released Claims means and includes any and all claims for relief or causes of action, debts, demands, rights, or liabilities whatsoever, known or unknown, fixed or contingent, accrued or unaccrued, liquidated or unliquidated, at law or in equity, against any Plaintiff Released Persons (i) arising out of and/or relating in any way to Plaintiff’s investigation of, prosecution of, participation in, and/or settlement of the Action and/or Plaintiff’s conduct as
Plaintiff Released Claims means all claims, demands, losses, liabilities, rights, causes of action of any nature whatsoever, whether known claims or Unknown Claims (as defined herein), whether legal or equitable, whether foreign or domestic, whether arising under federal, state, common, or foreign law, whether brought directly or derivatively (i) that have been or could have been asserted in the Action by the Plaintiff Releasing Parties and (ii) that arise out of, are based upon, or relate in any way, directly or indirectly, to the Merger or any of the acts, transactions, facts, events, matters, occurrences, representations or omissions that relate, directly or indirectly, to the Merger. Plaintiff Released Claims do not include claims to enforce the Settlement. “Unknown Claims” means any claim that Plaintiff, any Settlement Class member, or Defendants, do not know or suspect to exist in his, her, or its favor at the time of the Settlement, even if such claim, if known by him, her, or it, might have affected his, her, or its decisions with respect to this Settlement.
Plaintiff Released Claims means any and all claims for relief, damages, compensation, demands, suits, actions, injuries, losses, costs, expenses, and/or causes of action of any kind or character, including Unknown Claims, whether at law or in equity, regardless of legal theory, whether foreseen or unforeseen, contingent or actual, liquidated or unliquidated, known or unknown, whether class or individual in nature, whether based on state, local, foreign, federal (including but not limited to any state securities laws), statutory, regulatory, common, or other law or rule (including, but not limited to, any claims that could be asserted by any Class Member derivatively on behalf of AmTrust), whether asserted in state or federal court or any other tribunal, forum, or proceedings, which: (a) any Plaintiff or any Class Member ever had, now has, or may have against any of the Defendant Released Parties by virtue of having owned AmTrust common stock, and (b) are based upon, arise out of, involve, or relate to any of the facts, allegations, conduct, actions, inaction, breaches of fiduciary duty or other obligations, statements, misrepresentations, omissions, transactions, events, or occurrences that were
Plaintiff Released Claims means all claims, demands, rights, liabilities, losses, obligations, duties, damages, costs, debts, expenses, interest,
Plaintiff Released Claims means any and all Claims (as defined in ¶ 1.14 below) based upon the initiation, prosecution, or settlement of the Action which the Defendants, or any one of them may have, could have or may have in the future against any of the Plaintiff Releasees; provided, however, for the avoidance of doubt, that the term “Plaintiff Released Claims” shall not include any Claims to enforce the terms of this Stipulation.
Plaintiff Released Claims means and includes any and all known claims and Unknown Claims for damages, injunctive relief, or any other remedies against Plaintiff, or against her attorneys, respective predecessors, successors, parents, subsidiaries, affiliates and agents