Examples of Bank of America Parties in a sentence
The Bank of America Parties and the Countrywide Parties have denied and continue to deny any and all wrongdoing of any kind whatsoever, and retain, and do not waive, any and all positions, defenses, and responses that they may have with respect to such matters.
Likewise, the Institutional Investors deny the validity of the defenses raised by the Bank of America Parties and the Countrywide Parties in this matter.
The Institutional Investors acknowledge and agree that upon Final Court Approval of the Settlement and the Settlement Agreement (i) the release and waiver contained in Paragraph 9 of the Settlement Agreement will forever release the Trust Released Claims from being asserted by all Precluded Persons, subject to Paragraph 10 of the Settlement Agreement, and (ii) the Final Order and Judgment will bar claims against the Trustee, the Bank of America Parties, and the Countrywide Parties as recited therein.
The releases and waivers in this Section 6 do not release any Released Person from an existing obligation under the Transaction Documents to provide and/or procure, as applicable, documents needed to cure document defects or comply with custody requirements; provided, however, that any claims for monetary damages against the Bank of America Parties or any other Released Person based upon the failure to cure such defects or comply with such custody requirements shall be included within the Released Claims.
The Trustee shall promptly notify the Bank of America Parties in writing if it decides to pursue such an appeal or other proceeding, or if it decides to withdraw from or otherwise resolves such an appeal or other proceeding.
Not later than three (3) business days following the Effective Date, the Trustee shall cause to be filed a stipulation of voluntary dismissal with prejudice of the Action in a form reasonably acceptable to the Bank of America Parties.
Paragraph (o) shows that the release is limited to “the Bank of America Parties and/or the Countrywide Parties.” (Proposed Final Order, Dkt.
Each of the Bank of America Parties and the Trustee individually is a “Party” hereto, and together they constitute the “Parties.” Certain capitalized terms used herein are defined in Section 1 of this Agreement.
First, that the Bank of America Parties allegedly violated the FCA by “prosecut[ing] foreclosures using surrogate signed endorsements placed on original notes,” by “submit[ting] false statements and testimony about the dates when endorsements were stamped,” and by “us[ing] purported assignments to the .
The Released Bank of America Parties may file the Settlement Agreement and/or this Final Judgment and Order of Dismissal in any action that may be brought against them in order to support a defense or counterclaim based on the principles of res judicata, collateral estoppel, full faith and credit, release, good faith settlement, judgment bar, or reduction or any other theory of claim preclusion or issue preclusion or similar defense or counterclaim.