Releases by the United States. Subject to the exceptions in Paragraph 14 of this Agreement (“Excluded Claims”), and conditioned upon Moody’s full and timely payment of the Settlement Amount, the United States fully and finally releases the Released Entities from any civil claims arising out of the Covered Conduct through May 27, 2010 under FIRREA, 12 U.S.C. § 1833a; the False Claims Act, 31 U.S.C. §§ 3729, et seq.; the common law theories of negligence, gross negligence, payment by mistake, unjust enrichment, breach of fiduciary duty, breach of contract, misrepresentation, deceit, fraud, or aiding and abetting any of the foregoing; or any other claim that the Civil Division of the Department of Justice has actual and present authority to assert and compromise pursuant to 28 C.F.R. § 0.45(d) and (j).
Releases by the United States. Subject to the exceptions in Paragraph 12 11 of this Agreement (“Excluded Claims”), and conditioned upon Defendants’ filing of a 12 withdrawal of their Eleventh Affirmative Defense as provided in Paragraph 8 of this 13 Agreement and Defendants’ full and timely payment of the Settlement Amount, the 14 United States fully and finally releases the Released Entities from any civil claims the 15 United States has for Covered Conduct occurring between January 2004 and December 16 2007 under FIRREA, 12 U.S.C. § 1833a; the False Claims Act, 31 U.S.C. § § 3729- 17 3733; the common law theories of negligence, gross negligence, payment by mistake, 18 unjust enrichment, breach of fiduciary duty, breach of contract, misrepresentation, 19 deceit, fraud, or aiding and abetting any of the foregoing; or any other claim that the 20 Civil Division of the Department of Justice has actual and present authority to assert and 21 compromise pursuant to 28 C.F.R. § 0.45(d) and (j).
Releases by the United States. Subject to the exceptions set forth in Paragraph 4 (“Excluded Claims”), in consideration for and conditioned upon Defendants’ full and timely payment of the Settlement Amount, and in further consideration for and conditioned upon the Cooperation described in Paragraph 7 (“Cooperation”), the United States fully and finally releases Barclays, each of its current and former parents, subsidiaries, and affiliates, and each of their respective successors and assigns, as well as Xxxxxxx and Xxxxxxx individually (collectively, the “Released Entities”), from all claims that were or could have been asserted by Plaintiff the United States in this Action, as well as any other civil claim the United States has against the Released Entities for the Covered Conduct, where such civil claim arises under:
Releases by the United States. Subject to the exceptions in Paragraph 15 (“Excluded Claims”), and conditioned upon Bank of America’s full payment of the Settlement Amount and Bank of America’s agreement, by executing this Agreement, to satisfy the terms in Paragraph 2 (“Consumer Relief”) and Paragraph 0 (“Xxxxxxxxxxx”), xxx Xxxxxx Xxxxxx fully and finally releases Bank of America, Countrywide, Xxxxxxx Xxxxx, and First Franklin, (“Released Entities”) and each of their respective successors and assigns:
Releases by the United States. Subject to the exceptions set forth in Paragraph 4 (“Excluded Claims”), in consideration for and conditioned upon RBS’s full and timely payment of the Settlement Amount, and in further consideration for and conditioned upon the Cooperation described in Paragraph 7 (“Cooperation”), the United States fully and finally releases RBS, each of its current and former parents, subsidiaries and affiliated entities, and each of their respective successors and assigns (collectively, the “Released Entities”), from all civil claims that could have been asserted by the United States, as well as any other civil claim the United States has against the Released Entities for the Covered Conduct, where such civil claim arises under:
Releases by the United States. Subject to the exceptions in Paragraph 12 (“Excluded Claims”), and conditioned upon Citigroup’s full payment of the Settlement Amount (of which $4 billion will be paid as a civil monetary penalty pursuant to FIRREA, 12 U.S.C. § 1833a), and Citigroup’s agreement, by executing this Agreement, to satisfy the terms in Paragraph 2 (“Consumer Relief”) and Paragraph 0 (“Xxxxxxxxxxx”), xxx Xxxxxx Xxxxxx fully and finally releases Citigroup and each of its current and former subsidiaries and affiliated entities (collectively, the “Released Entities”), and each of their respective successors and assigns from any civil claim the United States has against the Released Entities for the Covered Conduct arising under FIRREA, 12 U.S.C. § l833a; the False Claims Act, 31 U.S.C. §§ 3729, et seq.; the Program Fraud Civil Remedies Act, 31 U.S.C. §§ 3801, et seq.; the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961, et seq.; the Injunctions Against Xxxxx Xxx, 00 X.X.X. § 0000; common law theories of negligence, payment by mistake, unjust enrichment, money had and received, breach of fiduciary duty, breach of contract, misrepresentation, deceit, fraud, and aiding and abetting any of the foregoing; or that the Civil Division of the Department of Justice has actual and present authority to assert and compromise pursuant to 28 C.F.R. § 0.45.
Releases by the United States. Subject to the exceptions in Paragraph 6 (“Excluded Claims”), and conditioned upon satisfaction of the terms set forth in Paragraphs 1 and 2, the United States fully and finally releases Ally and each of its current and former subsidiaries and affiliated entities, as well as any entity with any direct or indirect equity or membership interest(s) in Ally Financial Inc. (and any predecessor entities) at any time prior to the date of its Initial Public Offering on or around March 27, 2014 (collectively, the “Released Entities”), and each of their respective successors and assigns from any civil claim the United States has against the Released Entities for the Covered Conduct arising under FIRREA, 12 U.S.C. § l833a; the False Claims Act, 31 U.S.C. §§ 3729, et seq.; the Program Fraud Civil Remedies Act, 31 U.S.C. §§ 3801, et seq.; the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961, et seq.; the Injunctions Against Xxxxx Xxx, 00 X.X.X. § 0000; common law theories of negligence, payment by mistake, unjust enrichment, money had and received, breach of fiduciary duty, breach of contract, misrepresentation, deceit, fraud, and aiding and abetting any of the foregoing; or that the Civil Division of the Department of Justice has actual and present authority to assert and compromise pursuant to 28 C.F.R. § 0.45.
Releases by the United States. Subject to the exceptions in Paragraph 6 (“Excluded Claims”), and conditioned upon Deutsche Bank’s full payment of the Settlement Amount and Deutsche Bank’s agreement, by executing this Agreement, to satisfy the terms of Annex 2, as referenced in Paragraph 2 (“Consumer Relief”) and Paragraph 4 (“Cooperation”), the United States fully and finally releases the Deutsche Bank Parties, each of their current and former parents, subsidiaries and affiliated entities, and each of their respective successors and assigns (collectively, the “Released Entities”), from any civil claim the United States has against the Released Entities for the Covered Conduct arising under FIRREA; the False Claims Act, 31 U.S.C. §§ 3729, et seq.; the Program Fraud Civil Remedies Act, 31 U.S.C. §§ 3801, et seq.; the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961, et seq.; the Injunctions Against Xxxxx Xxx, 00 X.X.X. § 0000; common law theories of negligence, gross negligence, payment by mistake, unjust enrichment, money had and received, breach of fiduciary duty, breach of contract, misrepresentation, deceit, fraud, and aiding and abetting any of the foregoing; or that the Civil Division of the Department of Justice has actual and present authority to assert and compromise pursuant to 28 C.F.R. § 0.45.
Releases by the United States. Subject to the exceptions in Paragraph 12 of this Agreement (“Excluded Claims”), and conditioned upon Defendants’ filing of a withdrawal of their Eleventh Affirmative Defense as provided in Paragraph 8 of this Agreement and Defendants’ full and timely payment of the Settlement Amount, the United States fully and finally releases the Released Entities from any civil claims the United States has for Covered Conduct occurring between January 2004 and December 2007 under FIRREA, 12 U.S.C. § 1833a; the False Claims Act, 31 U.S.C. §§ 3729- 3733; the common law theories of negligence, gross negligence, payment by mistake, unjust enrichment, breach of fiduciary duty, breach of contract, misrepresentation, deceit, fraud, or aiding and abetting any of the foregoing; or any other claim that the Civil Division of the Department of Justice has actual and present authority to assert and compromise pursuant to 28 C.F.R. § 0.45(d) and (j).
Releases by the United States. Subject to the exceptions set forth in Paragraph 4 (“Excluded Claims”), in consideration for and conditioned upon Nomura’s full and timely payment of the Settlement Amount, the United States fully and finally releases Nomura, each of its current and former parents, subsidiaries, and affiliates, each of their respective successors and assigns (collectively, the “Released Entities”), from any civil claims that could have been asserted by the United States, as well as any other civil claim the United States has against the Released Entities for the Covered Conduct, where such civil claim arises under:
