Common use of Bar Order Clause in Contracts

Bar Order. 8.1 If the Settlement embodied in this Stipulation is approved by the Court, Lead Counsel and Defendants’ Counsel shall request that the Court enter a Judgment, substantially in the form annexed hereto as Exhibit B which shall, among other things, contain a provision providing for a Complete Bar Order in the Action, as follows: Upon the Effective Date, any and all Persons are permanently barred and enjoined, to the fullest extent permitted by law, from commencing, prosecuting, or asserting any and all claims for contribution or indemnity (or any other claim where the alleged injury to that Person is that Person’s actual or threatened liability to the Class or a Class Member in the Action), arising out of, based upon, relating to, concerning, or in connection with the Released Claims, against each and every one of the Released Persons, whether arising under state, federal, local, common, or foreign law, as claims, cross-claims, counterclaims, or third-party claims, in the Action or any separate action, in this Court or in any other court, arbitration proceeding, administrative proceeding, or other forum; and the Released Persons are permanently barred and enjoined, to the fullest extent permitted by law, from commencing, prosecuting, or asserting any and all claims for contribution or indemnity (or any other claim where the alleged injury to the Released Person is that Released Person’s actual or threatened liability to the Class or a Class Member in the Action) arising out of, based upon, relating to, concerning, or in connection with the Released Claims, against any Person other than a Person whose liability to the Settlement Class has been extinguished pursuant to the Settlement and Judgment, whether arising under state, federal, local, common, or foreign law, as claims, cross- claims, counterclaims, or third-party claims, in the Action or any separate action, in this Court or in any other court, arbitration proceeding, administrative proceeding, or other forum; provided, however, that nothing herein shall release or alter the contractual rights, if any, under the terms of any bylaws or other written agreement between the Individual Defendants, on the one hand, and Lexmark, on the other. Notwithstanding the foregoing, nothing herein shall bar any action by any of the Parties to enforce or effectuate the terms of the Stipulation, the Settlement, or the Judgment.

Bar Order. 8.1 If The Parties intend that this Agreement eliminate all further risk and liability of the Settlement embodied Horizon Released Parties relating to (1) the Horizon Released Claims, and (2) any possible future claims solely concerning waiver and/or non-collection of co-insurance, deductibles and/or patient responsibility taking place any time in this Stipulation is approved by the Courtfuture, Lead Counsel and Defendants’ Counsel shall request accordingly agree that the Court enter a Judgment, substantially shall include in the form annexed hereto as Exhibit B which shall, among other things, contain Final Approval Order a provision providing for a Complete Bar Order in the Action, Provision as follows: Upon The Horizon Releasing Parties are permanently enjoined from: (i) filing, commencing, prosecuting, intervening in, participating in or receiving any benefits from any lawsuit, arbitration, administrative or regulatory proceeding or order in any jurisdiction based solely on (1) any or all Horizon Released Claims or (2) any waiver and/or non-collection of co-insurance, deductibles and/or other patient responsibility taking place any time in the Effective Datefuture against one or more Horizon Released Party; (ii) instituting, organizing Class Members in, joining with Class Members in, amending a pleading in or soliciting the participation of Class Members in, any action or arbitration, including but not limited to a purported class action, in any jurisdiction against one or more Horizon Released Party based on, involving or incorporating, directly or indirectly, any or all Horizon Released Claims; and (iii) filing, commencing, prosecuting, intervening in, participating in or receiving any benefits from any lawsuit, arbitration, administrative regulatory proceeding or order in any jurisdiction based on an allegation that an action of the Horizon Released Party, which is in compliance with provisions of the Agreement, violates any right of any Class Member. All Persons who are, have been, could be, or could have been alleged to be joint tortfeasors, co-tortfeasors, co-conspirators, or co-obligors with any or all Persons of the Horizon Released Parties respecting any or all of the Horizon Released Claims, are permanently barred and enjoinedhereby, to the fullest maximum extent permitted by law, barred and permanently enjoined from making, instituting, commencing, prosecuting, participating in or asserting continuing any and all claims for contribution or indemnity (or any other claim where the alleged injury to that Person is that Person’s actual or threatened liability to the Class or a Class Member in the Action)claim, arising out of, based upon, relating to, concerning, or in connection with the Released Claims, against each and every one of the Released Persons, whether arising under state, federal, local, common, or foreign law, as claimsclaim-over, cross-claimsclaim, counterclaimsaction, or third-party claimsproceeding, in however denominated, regardless of the Action allegations, facts, law, theories or any separate actionprinciples on which they are based, in this Court or in any other courtcourt or tribunal, arbitration proceedingagainst any or all of the Horizon Released Parties with respect to any or all of the Horizon Released Claims, administrative proceedingincluding without limitation equitable, partial, comparative, or other forum; and the Released Persons are permanently barred and enjoinedcomplete contribution, set-off, indemnity, or otherwise, whether by contract, common law or statute, arising out of or relating in any way to the fullest extent Horizon Released Claims. All such claims are hereby fully and finally barred, released, extinguished, discharged, satisfied and made unenforceable to the maximum permitted by law, from commencingand no such claim may be commenced, prosecutingmaintained, or asserting prosecuted against any and all claims for contribution Horizon Released Party. Any judgment or indemnity (or any other claim where the alleged injury to the Released Person is that Released Person’s actual or threatened liability to the Class or award obtained by a Class Member in the Action) arising out of, based upon, relating to, concerning, or in connection with the Released Claims, against any such Person other than a Person whose liability to shall be reduced by the Settlement Class has been extinguished pursuant to the Settlement and Judgment, whether arising under state, federal, local, common, amount or foreign law, as claims, cross- claims, counterclaims, or third-party claims, in the Action or any separate action, in this Court or in any other court, arbitration proceeding, administrative proceeding, or other forum; provided, however, that nothing herein shall release or alter the contractual rightspercentage, if any, necessary under applicable law to relieve any Horizon Released Party of all liability to such Person on such barred claims. Such judgment reduction, partial or complete release, settlement credit, relief, or setoff, if any, shall be in an amount or percentage sufficient under applicable law as determined by the terms Court to compensate such Person for the loss of any bylaws such barred claims against any Horizon Released Party. Where the claims of a Person who is, has been, could be, or other written agreement between could have been alleged to be a joint tortfeasor, co-tortfeasor, co- conspirator or co-obligor with a Horizon Released Party respecting the Individual Defendants, on the one hand, Horizon Released Claims have been barred and Lexmark, on the other. Notwithstanding the foregoing, nothing herein shall bar any action permanently enjoined by any of the Parties to enforce or effectuate the terms of the Stipulationthis Section, the Settlementclaims of Horizon Released Party against that Person respecting those Horizon Released Claims are similarly fully and finally barred, or released, extinguished, discharged, satisfied and made unenforceable to the Judgment.maximum extent permitted by law.‌‌‌

Bar Order. 8.1 If The Parties intend that this Agreement eliminate all further risk and liability of the Settlement embodied in this Stipulation is approved by Class Released Party relating to the CourtClass Released Claims, Lead Counsel and Defendants’ Counsel shall request accordingly agree that the Court enter a Judgment, substantially shall include in the form annexed hereto as Exhibit B which shall, among other things, contain Final Approval Order a provision providing for a Complete Bar Order in the Action, Provision as follows: Upon The Class Releasing Parties are permanently enjoined from: (i) filing, commencing, prosecuting, intervening in, participating in or receiving any benefits from any lawsuit, arbitration, administrative or regulatory proceeding or order in any jurisdiction based on any or all Class Released Claims against one or more Class Released Party; (ii) instituting, organizing Class Members in, joining with Class Members in, amending a pleading in or soliciting the Effective Dateparticipation of Class Members in, any action or arbitration, including but not limited to a purported class action, in any jurisdiction against one or more Class Released Party based on, involving or incorporating, directly or indirectly, any or all Class Released Claims; and (iii) filing, commencing, prosecuting, intervening in, participating in or receiving any benefits from any lawsuit, arbitration, administrative regulatory proceeding or order in any jurisdiction based on an allegation that an action of the Class Released Party, which is in compliance with provisions of the Agreement, violates any right of any Class Member. All Persons who are, have been, could be, or could have been alleged to be joint tortfeasors, co-tortfeasors, co-conspirators, or co-obligors with any or all Persons of the Class Released Party respecting any or all of the Class Released Claims, are permanently barred and enjoinedhereby, to the fullest maximum extent permitted by law, barred and permanently enjoined from making, instituting, commencing, prosecuting, participating in or asserting continuing any and all claims for contribution or indemnity (or any other claim where the alleged injury to that Person is that Person’s actual or threatened liability to the Class or a Class Member in the Action)claim, arising out of, based upon, relating to, concerning, or in connection with the Released Claims, against each and every one of the Released Persons, whether arising under state, federal, local, common, or foreign law, as claimsclaim-over, cross-claimsclaim, counterclaimsaction, or third-party claimsproceeding, in however denominated, regardless of the Action allegations, facts, law, theories or any separate actionprinciples on which they are based, in this Court or in any other courtcourt or tribunal, arbitration proceedingagainst any or all of the Class Released Party with respect to any or all of the Class Released Claims, administrative proceedingincluding without limitation equitable, partial, comparative, or other forum; and the Released Persons are permanently barred and enjoinedcomplete contribution, set-off, indemnity, or otherwise, whether by contract, common law or statute, arising out of or relating in any way to the fullest extent Class Released Claims. All such claims are hereby fully and finally barred, released, extinguished, discharged, satisfied and made unenforceable to the maximum permitted by law, from commencingand no such claim may be commenced, prosecutingmaintained, or asserting any and all claims for contribution or indemnity (or any other claim where the alleged injury to the Released Person is that Released Person’s actual or threatened liability to the Class or a Class Member in the Action) arising out of, based upon, relating to, concerning, or in connection with the Released Claims, prosecuted against any Class Released Party. Any judgment or award obtained by any party against any such Person other than a Person whose liability to shall be reduced by the Settlement Class has been extinguished pursuant to the Settlement and Judgment, whether arising under state, federal, local, common, amount or foreign law, as claims, cross- claims, counterclaims, or third-party claims, in the Action or any separate action, in this Court or in any other court, arbitration proceeding, administrative proceeding, or other forum; provided, however, that nothing herein shall release or alter the contractual rightspercentage, if any, necessary under applicable law to relieve any Class Released Party of all liability to such Person on such barred claims. Such judgment reduction, partial or complete release, settlement credit, relief, or setoff, if any, shall be in an amount or percentage sufficient under applicable law as determined by the terms Court to compensate such Person for the loss of any bylaws such barred claims against any Class Released Party. Where the claims of a Person who is, has been, could be, or other written agreement between could have been alleged to be a joint tortfeasor, co-tortfeasor, co-conspirator or co-obligor with a Class Released Party respecting the Individual Defendants, on the one hand, Class Released Claims have been barred and Lexmark, on the other. Notwithstanding the foregoing, nothing herein shall bar any action permanently enjoined by any of the Parties to enforce or effectuate the terms of the Stipulationthis Section, the Settlementclaims of Class Released Party against that Person respecting those Class Released Claims are similarly fully and finally barred, or released, extinguished, discharged, satisfied and made unenforceable to the Judgment.maximum extent permitted by law.‌‌