Released Defendant 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, which any Defendant ever had, now has, or may have against any of the Plaintiff Released Persons and/or the Released SLC Persons that arise out of, are based upon, or relate to the institution, prosecution, or settlement of the claims asserted in the Action. For the avoidance of doubt, the Released Defendant Claims shall not include any claims to enforce this Stipulation or the Settlement.
Released Defendant Claims means upon the Effective Date, Defendants will release as against Released Plaintiff Parties, all claims and causes of action of every nature and description, whether known or Unknown Claims, whether arising under federal, state, local, common, statutory, administrative, or foreign law, or any other law, rule, or regulation, at law or in equity, whether fixed or contingent, whether foreseen or unforeseen, whether accrued or unaccrued, whether liquidated or unliquidated, whether matured or unmatured, whether direct, representative, class, or individual in nature that arise out of or relate in any way to the institution, prosecution, or settlement of the claims against Defendants. Released Defendant Claims shall not include any claims relating to the enforcement of the Settlement.
Released Defendant Claims means any and all Claims that are based upon or arise out of the institution, prosecution or settlement of the claims asserted by the Plaintiffs in the Derivative Action. Notwithstanding the foregoing, Released Defendant Claims shall not mean and does not include any claims by the Parties to enforce the terms of this Stipulation.
Examples of Released Defendant Claims in a sentence
The release set forth above is a release of ALL claims, demands, causes of action, 25 obligations, damages, and liabilities, of any nature whatsoever, and is intended to encompass all 26 known and unknown, foreseen and unforeseen, claims that are possessed by the Releasing 27 Defendants and within the scope of the Released Defendant Claims based solely and only on the 28 events giving rise to this Action.
Any disapproval or modification of the Fee and Expense Application by the Court or on appeal shall not affect or delay the enforceability of the Stipulation, provide any of the Parties with the right to terminate the Settlement, or affect or delay the binding effect or finality of the Judgment and the release of the Released Plaintiff Claims and Released Defendant Claims.
Effective upon the Final Settlement Date, Defendants, on behalf of themselves and the Releasing Defendant Parties, shall not commence or maintain any action, cause of action, suit, controversy, claim, grievance, or arbitration, or make any demands whatsoever, at law or in equity, by contract (express or implied), tort, or pursuant to statute or otherwise from the beginning of time to the end of time, that constitute, are based on, relate to, or arise out of any Released Defendant Claims.
Released Defendant Claims do not include any claims relating to the enforcement of this Settlement.
This OETF and its effectiveness are discussed in the next section.
More Definitions of Released Defendant Claims
Released Defendant Claims means any and all claims, demands, rights, actions, potential actions, causes of action, liabilities, damages, losses, obligations, judgments, duties, suits, agreements, costs, expenses, debts, interest, penalties, sanctions, fees, attorneys’ fees, judgments, decrees, matters, issues and controversies of any kind, nature or description whatsoever, whether based on federal, state, local, statutory or common law or any other law, rule or regulation, whether fixed or contingent, accrued or un-accrued, liquidated or un-liquidated, at law or in equity, matured or un-matured, disclosed or un-disclosed, apparent or un-apparent, including known claims and Unknown Claims (as defined below), which were or could have been alleged or asserted in the 2005 Derivative Cases by any of the Released Defendants against any of the Released Plaintiff Parties, directly or indirectly relating to or arising out of the institution, prosecution or settlement of the 2005 Derivative Cases. Released Defendant Claims do not include any claims relating to the enforcement of this Settlement.
Released Defendant Claims means any and all claims and causes of action of every nature and description, whether known or unknown (i.e., “Unknown Claims” as defined above), asserted or unasserted, whether arising under federal, state, common, or foreign law, whether in connection with the applicable deposit agreements or otherwise, whether class, derivative, or individual in nature, that arise out of or relate in any way to the institution, prosecution, or settlement of the claims asserted in the Action against Defendant. “Released Defendant Claims” do not include claims arising out of, based upon, relating to, concerning, or in connection with the interpretation or enforcement of the terms of the Settlement.
Released Defendant Claims means any Claims that have been or could have been asserted in the Action or in any court, tribunal, forum, or proceeding by Defendants or any of them or their respective successors and assigns against any of the Released Plaintiff Parties, which arise out of or relate in any way to the institution, prosecution, settlement, or dismissal of the Action; provided, however, that the Released Defendant Claims shall not include claims to enforce the Stipulation.
Released Defendant Claims means any and all claims, demands, rights, liabilities, losses, obligations, duties, damages, costs, interests, debts, expenses, charges, penalties, sanctions, fees, attorneys’ fees, actions, potential actions, causes of action, suits, agreements, judgments, decrees, matters, issues and controversies of any kind, nature and description whatsoever that relate to the Covered Securities, (i) whether disclosed or undisclosed, known or unknown, accrued or unaccrued, matured or not matured, perfected or not perfected, xxxxxx or inchoate, liquidated or not liquidated, fixed or contingent, ripened or unripened; (ii) whether at law or equity, whether based on or arising under state, local, federal, foreign (if any), statutory, regulatory, common, or other law or rule and upon any legal theory (including, but not limited to, claims arising under federal or state securities laws), no matter how asserted; (iii) that previously existed, currently exist, or exist in the future; and (iv) that were, could have been, or may be asserted by any or all of the Releasing Defendant Persons against any or all of the Released Plaintiff Persons in any federal or state court, or in any other court, tribunal, arbitration, proceeding, administrative agency, or other forum; provided, however, that the Released Defendant Claims shall not include: (i) any claims against any Person other than the Released Plaintiff Persons; (ii) any claims against any governmental entity or agency besides FHFA, solely in its capacity as Conservator of the GSEs, or the GSEs; (iii) any LIBOR Claims; or (iv) any claims to enforce this Agreement.
Released Defendant Claims means any and all claims, demands, rights, causes of action, sanctions, complaints, and liabilities whatsoever, whether based in law or equity, arising under federal, state, local, statutory, or common law, or other law, rule, or regulation, including both known claims and Unknown Claims, that arise out of or relate in any way to the institution, prosecution, or settlement of the Derivative Actions. The Released Defendant Claims do not include any claims to enforce the Settlement, any claims between or among Defendants and Released Defendant Persons, and any claims between Defendants and Released Defendant Persons and their respective insurers.
Released Defendant Claims means any and all claims and causes of action of every nature and description, whether such are known or Unknown (as that term is employed and defined in ¶ 5.4 below), whether arising under federal, state, common or foreign law, that were or could have been asserted by any or all of the Releasing Defendant Persons against any or all of the Released Plaintiff Persons and that arise out of or relate in any way to the institution, prosecution or settlement of the Action, except for claims relating to the enforcement of the Settlement. Nothing in this definition of “Released Defendant Claims” is intended to, or should be construed as prohibiting or limiting the U.S. Directors from: (a) asserting against a Person other than a Released Plaintiff Person a claim relating to, or arising out of, the December Offering or Puda that is not precluded by ¶ 7.3(b) hereof, and/or (b) from taking any action to enforce or effectuate the terms and provisions of this Stipulation, the Settlement, the Preliminary Approval Order and/or the Final Order and Judgment.
Released Defendant Claims means any and all actions, suits, claims, debts, rights, liabilities, and causes of action of every nature and description, including both known and Unknown Claims (as defined in paragraph 1.26 below), whether arising under federal, state, common, or foreign law, that arise out of or relate in any way to the claims asserted in the complaints in the Derivative Actions or arise out of, or relate in any way to the institution, prosecution, or settlement of the claims against the Defendants, except for (i) any claims relating to the enforcement of the Settlement, or (ii) any claims by the Individual Defendants relating to insurance coverage or their right to indemnification.