Interchange Litigation definition
Examples of Interchange Litigation in a sentence
For the avoidance of doubt, Paragraph 12 of the Visa JSA shall be shall be deemed to be superseded by this Agreement in all actions in the Interchange Litigation, including Opt-Out Actions.
Certain other potential claims between Signatories as to liability arising as a result of the Interchange Litigation are extinguished by this Agreement, as set forth below.
Aside from representations and warranties contained herein, Seller expressly disclaims and does not make any warranties, guarantees, promises, or representations of any kind whatsoever regarding: (i) the value of the Asset; (ii) the allowance, validity, or amount of any claims in the Interchange Litigation; and (iii) the anticipated recovery or timing of recovery on the Asset.
This Agreement, and if applicable the Judgment Sharing Agreement in the Interchange Litigation, the Judgment Sharing Agreement in the Amex Litigation, the Restated Visa Inc.
In the event of a settlement of any action in the Interchange Litigation by all Signatories that are defendants in such action at the time of the settlement, the total value of the monetary portion of the settlement agreed to be paid in settlement of such action by the settling Signatories to such Claimants shall be allocated for payment among such settling defendants as if it were a Final Judgment the entirety of which was subject to sharing pursuant to this Agreement.
For the avoidance of doubt, a settlement of any action in the Interchange Litigation by less than all Signatories that are defendants in such action at the time of the settlement shall not be subject to the provisions of this paragraph.
Aside from Representations or Warranties contained herein, Purchaser acknowledges that Seller expressly disclaims, and has not made any warranties, guarantees, promises, or representations of any kind whatsoever regarding the Asset, including, but not limited to: (i) the value of the Asset, or the allowance, validity or amount of any claims of Seller in the Interchange Litigation, and (ii) the anticipated recovery and/or timing of recovery on the Asset.
Purchaser further acknowledges that it has had an opportunity to conduct its own independent investigation regarding the Interchange Litigation, the Settlement, and the Asset.