Released Claims definition

Released Claims means all Released Defendants’ Claims and all Released Plaintiffs’ Claims.

Released Claims means released claims as that term is defined in the master settlement agreement.

Released Claims means any and all actual or potential claims, actions, demands, rights, obligations, liabilities, damages, attorneys’ fees, expenses, costs, and causes of action, whether arising under federal, state or local law, whether by statute, contract or equity, whether brought in an individual or representative capacity, whether known or unknown, suspected or unsuspected, foreseen or unforeseen for actions during the Class Period:

Examples of Released Claims in a sentence

• Each of the Debt Parties (on its own behalf and on behalf of its Related Parties) further agrees and covenants to refrain from commencing, instituting, or prosecuting, or supporting any Person that commences, institutes, or prosecutes, any lawsuit, action, or other proceeding against any and all Released Parties with respect to any and all Released Claims.

• Any dispute about the reasonableness of payments from the Holdback Fund shall be subject to dispute resolution pursuant to Section 10.2. A Releasee may obtain a payment from the Holdback Fund to settle a Holdback Claim only if the settlement requires the Person asserting the Holdback Claim to execute an unconditional release of all Released Claims against all Releasees, in form and substance reasonably satisfactory to the Defendants, unless all Defendants consent otherwise.

• If a Defendant Releasor enters into a settlement of a Released Claim with any Person who is not a Plaintiff, the Defendant Releasor shall make reasonable efforts to ensure that the settlement requires the settling Person to unconditionally release all Released Claims against all Releasees, including as described in Section 8.3.3.

• The Released Claims include, but are not limited to, any and all unknown, unanticipated, unsuspected or misunderstood claims and defenses which existed, arose or occurred at any time prior to the date of this Agreement, all of which are released by the provisions hereof in favor of the Released Parties.

• The Parties will submit to the Second Circuit Court and request approval of a proposed order, attached as Exhibit 7, governing all Released Claims pending or subsequently brought in the Special Proceeding that are not dismissed within ten (10) days of the Initial Payment Due Date, or are thereafter filed.

More Definitions of Released Claims

Released Claims means, collectively, the Released Plaintiffs’ Claims and the Released Defendants’ Claims.

Released Claims means that term as defined in the master settlement agreement.

Released Claims means all Released Defendants’ Claims and all Released Plaintiff’s Claims.

Released Claims means any and all manner of claims, demands, actions, suits, causes of action, charges, cross-claims, counter-claims, demands, judgments, suits, obligations, debts, setoffs, right of recovery, or liabilities for any obligations of any kind whatsoever, whether class, individual, or otherwise in nature, whether personal or subrogated, for damages of any kind (including compensatory, disgorgement, restitutionary, punitive or other damages) whenever incurred, liabilities of any nature whatsoever, including interest, fees, costs, fines, debts, expenses, class administration expenses (including Administration Expenses), penalties, lawyers’ fees (including Class Counsel Fees), and Class Counsel Disbursements, known or unknown, foreseen or unforeseen, suspected or unsuspected, asserted or unasserted, actual or contingent, and liquidated or unliquidated, in law or equity, arising under statute, regulation, contract or otherwise in nature, that any of the Releasors ever had, now have or hereafter can, shall or may have, relating in any way to any conduct alleged or that could have been alleged, related to, arising from, or described in the Proceedings, or arising from the factual predicate of the Proceedings, whether in Canada or elsewhere, which shall be deemed to include but not be limited to the purchase, sale, pricing, discounting, manufacturing, marketing, offering for sale or distributing of ODD or ODD Products, including, without limitation, any claims for consequential, subsequent or follow-on harm that arises after the Class Period in respect of any agreement, combination or conduct that occurred during the Class Period. However, the Released Claims do not include claims based on negligence, personal injury, bailment, failure to deliver lost goods, damaged or delayed goods, product defects, breach of warranty, breach of contract or similar claims between the Parties that do not relate to alleged anti-competitive conduct.

Released Claims has the meaning specified in Section 6.03.

Released Claims has the meaning set forth in Section 10.2(b).

Released Claims. Any and all Claims that directly or indirectly are based on, arise out of, or in any way relate to or concern the Covered Conduct occurring prior to the Reference Date. Without limiting the foregoing, Released Claims include any Claims that have been asserted against a Settling Distributor by any Settling State or Litigating Subdivision in any federal, state, or local action or proceeding (whether judicial, arbitral, or administrative) based on, arising out of, or relating to, in whole or in part, the Covered Conduct, or any such Claims that could be or could have been asserted now or in the future in those actions or in any comparable action or proceeding brought by a State, Subdivision, or Releasor (whether or not such State, Subdivision, or Releasor has brought such action or proceeding). Released Claims also include all Claims asserted in any proceeding to be dismissed pursuant to this Agreement, whether or not such claims relate to Covered Conduct. The Parties intend that this term, “Released Claims,” be interpreted broadly. This Agreement does not release Claims by private individuals. It is the intent of the Parties that Claims by private individuals be treated in accordance with applicable law. Released Claims is also used herein to describe claims brought by a Later Litigating Subdivision or other non-party Subdivision that would have been Released Claims if they had been brought by a Releasor against a Released Entity.