Lender Action definition
Examples of Lender Action in a sentence
All Lender Class Members whose claims are not approved shall be barred from any participation in distributions from the Net Settlement Fund, but otherwise shall be bound by all of the terms of this Agreement and the settlement, including the terms of the Final Judgment and Order of Dismissal to be entered in the Lender Action and the releases provided for herein, and will be barred from bringing any action against the Released Parties concerning the Released Claims.
Released Parties does not include: (i) any of the other Defendants in the Lender Action or (ii) any other person or entity formerly named as a party in the Lender Action.
Also excluded from the Class are any judicial officers presiding over the Lender Action and the members of his/her immediate families and judicial staff.
Any Person that fails to object in the manner prescribed herein shall be deemed to have waived his or her objections and will forever be barred from making any such objections in the Lender Action, unless otherwise excused for good cause shown, as determined by the Court.
The Security Agent shall notify each of the Assigned Agreement Counterparties as soon as reasonably practicable after serving a Lender Action Notice on the Project Developer.
For the avoidance of doubt, HSBC expressly preserves and does not waive its right and the right of any Released Party to contest personal jurisdiction in the Lender Action if the Effective Date does not occur or the Agreement is terminated.
The order of the Court finally approving the settlement set forth in this Agreement, dismissing the Lender Action against HSBC and HSBC Holdings plc with prejudice, and meeting the criteria set forth in Paragraph 5(g).
Lender Action ................................................................................
As applicable and upon reasonable request, Barclays shall provide a business record or authenticity declaration as to documents produced by Barclays in the Lender Action.
Barclays’ obligations to cooperate under the Agreement are continuing until and shall terminate upon the earlier of: (1) the date when final judgment has been rendered, with no remaining rights of appeal, in the Lender Action against all Defendants; or (2) seven (7) years after the Court enters the Preliminary Approval Order.