Settled Plaintiffs. Claims” means any and all manner of Claims, including Unknown Claims, that have been or could have been asserted in any forum derivatively or by Apple directly, arising from any act or omission alleged or claims asserted in the Actions; provided, however, that the Settled Plaintiffs’ Claims shall not include any Claims arising out of, based upon, or relating to the enforcement of the Settlement. For the avoidance of doubt, the Settled Plaintiffs’ Claims do not cover, settle, or release any direct claims held by a Plaintiff as a member of the certified class in the Federal Securities Litigation.
Settled Plaintiffs. Claims” means all Claims brought or that could be brought derivatively on behalf of the Company, directly by Plaintiffs, or by the SLC or the Company, concerning, arising from, or relating to the underlying facts, conduct, events, occurrences, transactions, or allegations set forth, made, or referred to in the Complaints or in the prosecution or settlement of the Actions, including but not limited to any such Claims that were, could have been, or could be asserted concerning, arising from, or relating to the Company’s alleged liabilities associated with settled, pending, or threatened litigation concerning, arising from, or relating to the underlying facts, conduct, events, occurrences, transactions, or allegations set forth or referred to in the Complaints; provided, however, that the Settled Plaintiffs’ Claims shall not include any Claims arising out of, based upon, or relating to the enforcement of the Settlement. For the avoidance of doubt, the Settled Plaintiffs’ Claims do not cover, settle, or release (i) any direct claims held by any
Settled Plaintiffs. Claims” means any and all claims, rights or causes of action or liabilities whatsoever, whether based on federal, state, local, statutory or common law, or any other law, rule or regulation (whether foreign or domestic), including both known claims and unknown claims, accrued claims and not accrued claims, foreseen claims and unforeseen claims, matured claims and not matured claims, that have been or could have been asserted from the beginning of time to the end of time in any forum by the Class Members or any of them against any of the Released Defendant Parties which arise out of or relate in any way to the allegations, transactions, facts, matters or occurrences, representations or omissions involved, set forth, referred to in this Action or that could have been asserted, relating to the purchase, transfer or acquisition of shares of the common stock of BMS during the Class Period, except claims relating to the enforcement of the Settlement of the Action and the “Specifically Excluded Claims” defined below. This release shall constitute an express waiver and relinquishment, to the fullest extent permitted by law of: (a) the provisions, rights, and benefits of Section 1542 of the California Civil Code, which provides that: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”; and (b) the provisions, rights and benefits of any similar statute or common law or any other jurisdiction that may be, or may be asserted to be, applicable.
Examples of Settled Plaintiffs in a sentence
I (We) further agree and understand that if the proposed Settlement is approved by the Court and becomes effective, all Settled Plaintiffs' Claims as defined in the Notice will be released, discharged and extinguished forever as against all Released Defendant Parties.
Judge Scola specifically adjudicated that “[t]he Settled Plaintiffs are deemed the prevailing party on their claims for purposes of entitlement to an award of their reasonable attorneys’ fees” and that the parties should “comply with Local Rule 7.3 governing attorneys’ fees proceedings in determining the reasonable amount of Settled Plaintiffs’ attorneys’ fees and costs.” Id.; [D.E. 182 at 4–5].
Notwithstanding the foregoing sentence, Settled Plaintiffs' Claims does not include, and the settlement will not release or discharge, any claims, rights, demands, causes of action, suits, matters, and issues arising out of the purchase of ErgoBilt products or the products of its subsidiaries or predecessors.
If the Settlement is approved by the Court, all Settled Plaintiffs’ Claims against the Released Parties will be dismissed on the merits and with prejudice as to all Class Members and all Class Members shall be forever barred from prosecuting a class action or any other action raising any Settled Plaintiffs' Claims against any Released Party.
More Definitions of Settled Plaintiffs
Settled Plaintiffs. Claims” means any and all claims, demands, rights, actions, causes of action, liabilities, damages, losses, obligations, judgments, duties, suits, costs, expenses,
Settled Plaintiffs. Claims” means any and all claims, rights or causes of action or liabilities whatsoever, whether based on federal, state, local, statutory or common law or any other law, rule or regulation (whether foreign or domestic), including both known claims and unknown claims, accrued claims and not accrued claims, foreseen claims and unforeseen claims, matured claims and not matured claims, that have been or could have been asserted from the beginning of time to the end of time in any forum by the Class Members or any of them against any of the Released Defendant Parties which arise out of or relate in any way to the allegations, transactions, facts, matters, occurrences, representations or omissions involved, set forth, referred to in this Action or that could have been asserted, relating to the purchase, transfer or acquisition of shares of the common stock of BMS during the Class Period, except
Settled Plaintiffs. Claims” means all claims, demands, rights, liabilities and causes of action, known or unknown, asserted by Plaintiffs or Class Members in the Action or that have been asserted by any of them in any forum or could have been asserted by any of them in any forum based upon any violation of state, federal or any country’s securities laws, against any of the Defendants, parents, subsidiaries, affiliates, directors, officers, employees, agents, bankers, commercial bankers, lenders, accountants, advisors, consultants, insurers, attorneys, and any past, present or future officers, directors and employees of Defendants, their predecessors, successors, heirs, executors, trustees, estates, families, spouses and marital communities, and their subsidiaries, affiliates and agents, and all similar persons and/or entities, based upon or related to (i) their purchase of InfoSonics securities during the Class Period held at the end of the Class Period or any sales of such securities; and (ii) the facts, transactions, events, occurrences, acts, disclosures, statements, omissions or failures to act which were or could have been alleged in the Action, including without limitation, any misstatement or omission, any breach of duty, any negligence or fraud (or any other alleged wrongdoing or misconduct) relating in any way to the accounting for the 2006 warrants, InfoSonics’ public filings and financial results publicly disseminated during the Class Period, InfoSonics’ stock split announced in May 2006, the issues with VK Mobile phone manufacturing, approvals, distribution, distribution agreements, distribution arrangements, sales, acceptance, success, or defects alleged or that could have been alleged in the Complaint, and/or any alleged trading by Defendants in InfoSonics stock. With respect to the release of Settled Plaintiffs’ Claims, it is the intention of the Plaintiffs and Class Members to expressly waive and relinquish, to the fullest extent permitted by law, the provisions, rights, and benefits of Section 1542 of the California Civil Code, which provides that:
Settled Plaintiffs. Claims” means all claims, demands, rights, liabilities, causes of action, suits, matters and issues, known or unknown, including any Unknown Claims (defined below), that have, or could have, been asserted in the Action or any other action or that have, or could have, been asserted in this or any other forum by Lead Plaintiffs or by any Class Member, as defined herein, whether directly, representatively, derivatively, individually or in any other capacity, against any of the Released Defendant Parties, that arise out of, are based upon or are related to the purchase, acquisition, or sale of shares of KNE common stock during the Class Period, the subject matter of the Action, or the facts, transactions, events, occurrences, acts, disclosures, statements, omissions, or failures to act which were or could have been alleged in the Action, and further including any and all claims arising out of, relating to, or in connection with the bringing or pros- ecution of the Action, the filing of a Proof of Claim and Release Form, or the Settlement and resolution of the Action, except for claims relating to any Party’s alleged failure to comply with the terms and conditions of this Stipulation.
Settled Plaintiffs. Claims” means all Claims that were asserted in the Complaint, and any and all Claims that have been or could have been raised in the Action, or in any forum, arising out of or relating to the allegations, transactions, facts, matters or occurrences, representations alleged or that could have been alleged in the Action and relating to the purchase, transfer or acquisition of shares of the common stock of IBM, except “Settled Plaintiffs’ Claims” does not include Claims relating to the enforcement of the Settlement. With respect to the release of Settled Plaintiffs’ Claims, it is the intention of the Lead Plaintiffs and Class Members to expressly waive and relinquish, to the fullest extent permitted by law: (a) the provisions, rights and benefits of Section 1542 of the California Civil Code, which provides that: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor; and (b) the provisions, rights and benefits of any similar statute or common law of any other jurisdiction that may be, or may be asserted to be, applicable.
Settled Plaintiffs. Claims” means and includes any and all claims (including Unknown Claims), rights, debts, demands, controversies, obligations, losses, costs, suits, matters, issues, or causes of action (including, but not limited to, any claims for damages (whether compensatory, special, incidental, consequential, punitive, exemplary or otherwise), injunctive relief, declaratory relief, rescission or rescissionary damages, interest, attorneys’ fees, expert or consulting fees, costs, expenses, or any other form of legal or equitable relief whatsoever), under federal, state, local, foreign law, or any other law, rule, or regulation, whether known or unknown, that were, could have been, or could in the future be asserted against the Released Persons, by Plaintiffs in any court of competent jurisdiction or any other adjudicatory tribunal, in connection with, arising out of, related to, based upon, in whole or in part, directly or indirectly, in any way, to the facts, transactions, events, occurrences, acts, disclosures, oral or written statements, representations, filings, publications, disseminations, press releases, presentations, accounting practices or procedures, compensation practices or procedures, omissions or failures to act or to disclose which were or which could have been alleged or described in this Class Action by Plaintiffs. The “Settled Plaintiffs’ Claims” include, but are not limited to, any and all claims related to or arising out of the Company’s public filings, press releases or other public statements or disseminations, the Company’s accounting for and valuation of the securities held in its investment portfolio, the Company’s finances, accounting practices or procedures generally, and any direct claims for breach of fiduciary duty, insider trading, misappropriation of information, failure to disclose, omission or failures to act, abuse of control, breach of MoneyGram’s policies or procedures, waste, mismanagement, gross mismanagement, unjust enrichment, misrepresentation, fraud, breach of contract, unfair business practices and unfair competition, negligence, breach of duty of care or any other duty, violations of law, money damages, injunctive relief, corrective disclosure, damages penalties, disgorgement, restitution, interest, attorneys’ fees, expert or consulting fees, and any and all other costs, expenses or liability whatsoever, whether based on federal, state, local, foreign, statutory, common law, or any other law, rule or regulation, whether fixe...
Settled Plaintiffs. Claims” means all statutory, regulatory, common law or other claims, causes of action, suits, administrative proceedings, arbitrations, liabilities, obligations, expenses, costs, penalties, damages, demands, and/or any other remedies of any nature whatsoever, whether asserted or unasserted, and whether known or unknown, under federal, state, local or any other law, whether legal, equitable or otherwise (including, without limitation, claims arising from or related to alleged misrepresentation or nondisclosure, whether intentional or otherwise), arising at any time on or before the Order and Final Judgment Date, that are based upon or related to, or arise out of, in whole or in part, the facts, transactions, events, occurrences, acts, or failures to act that were or could have been alleged in the Action by any Plaintiffs or