Plaintiff Released Claims means and includes any and all claims for relief or causes of action, debts, demands, rights, or liabilities whatsoever,known or unknown, fixed or contingent, accrued or unaccrued, liquidated or unliquidated, at law or in equity, against any Plaintiff Released Parties (i) arising out of and/or relating in any way to Plaintiff’s prosecution of, participation in, and/or settlement of the Action and/or Plaintiff’s conduct as a representative plaintiff in the Action, or (ii) that otherwise in any way relate to the subject matter of the Action. For the avoidance of doubt, the Plaintiff Released Claims shall not include the right to enforce this Settlement Agreement or the Settlement.
Plaintiff Released Claims means any and all claims for relief, damages, compensation, demands, suits, actions, injuries, losses, costs, expenses, and/or causes of action of any kind or character, including Unknown Claims, whether at law or in equity, regardless of legal theory, whether foreseen or unforeseen, contingent or actual, liquidated or unliquidated, known or unknown, whether class or individual in nature, whether based on state, local, foreign, federal (including but not limited to any state securities laws), statutory, regulatory, common or other law or rule (including, but not limited to, any claims that could be asserted by any Class Member derivatively on behalf of AmTrust), whether asserted in state or federal court or any other tribunal, forum, or proceedings, which: (i) any Plaintiff or any Class Member ever had, now has, or may have against any of the Defendant Released Parties by virtue of having owned AmTrust common stock, and (ii) are based upon, arise out of, involve, or relate to any of the facts, allegations, conduct, actions, inaction, breaches of fiduciary duty or other obligations, statements, misrepresentations, omissions, transactions, events or occurrences that were alleged, asserted, or claimed in thecomplaints filed in the Consolidated Stockholder Action, or that otherwise relate to the Merger, the sales process leading to the Merger, the Initial Merger Agreement, the Amended Merger Agreement, the Merger Consideration, any purported relationship of any nature between the Merger and the Derivative Actions, and any disclosure, failure to disclose, statement or securities filing by any Person relating to the Merger (including, but not limited to, the Proxy); provided, however, that the Plaintiff Released Claims shall not include the right to enforce the Settlement Stipulation or the Settlement. For the avoidance of doubt, the Settlement shall not release any claim, relief, damages, compensation, demands, suits, actions, injuries, losses, costs, expenses, and/or causes of action of any kind or character asserted in the consolidated putative class action styled In re AmTrust Financial Services, Inc. Securities Litigation, No. 1:17-cv-01545-LAK (S.D.N.Y.) or the putative class action styled Martínek v. AmTrust Financial Services, Inc., 1:19-cv-08030-KPF (S.D.N.Y.).
Plaintiff Released Claims means any and all claims whatsoever, which Defendants ever had or for, upon or by reason of, any claim asserted or which could have been asserted in the Action based on any matter or thing done or omitted by Plaintiff prior to the date of this Agreement, whether known or unknown, accrued or contingent.
Examples of Plaintiff Released Claims in a sentence
The definition of “Plaintiff Released Claims” is intended to have the broadest possible application, but, for the avoidance of doubt, Plaintiff Released Claims does not include claims that arise exclusively under foreign law and that relate to transactions in Silver Instruments for which irrevocable liability was incurred, or title was passed, entirely outside the United States.
All Plaintiff Released Claims against the DB Released Parties are hereby dismissed with prejudice on the merits as to Deutsche Bank and without fees or costs.
Notwithstanding the foregoing, nothing in this Final Judgment shall be interpreted to prohibit the use of this Final Judgment in a proceeding to consummate or enforce the Settlement Agreement or this Final Judgment, or to defend against the assertion of Plaintiff Released Claims or Target Released Claims in any other proceeding, or as otherwise required by law.
Effective on the Settlement Effective Date, all Settling Plaintiffs shall release the State Released Entities and the Federal Released Entities from any and all liability, derivative or otherwise, for all of the Plaintiff Released Claims, excluding any claims that any individual Medi-Cal provider may have relating exclusively to the accuracy of the computation by DHCS of the reimbursement due to that provider under applicable law.
Such Plaintiff Released Claims, however, shall not include any claims to enforce the terms of Agreement.
More Definitions of Plaintiff Released Claims
Plaintiff Released Claims means any and all manner of claims, demands, rights, liabilities, losses, obligations, duties, damages, costs, debts, expenses, interest, penalties, sanctions, fees, attorneys’ fees, actions, potential actions, causes of action, suits, agreements, judgments, decrees, matters, counterclaims, offsets, issues, and controversies of any kind, nature, or description whatsoever, whether accrued or unaccrued, disclosed or undisclosed, apparent or not apparent, foreseen or unforeseen, matured or not matured, suspected or unsuspected, liquidated or not liquidated, fixed or contingent, whether based on state, local, federal, statutory, regulatory, common, or other law or rule, including known claims and Unknown Claims, that were or could have been alleged by Plaintiff (individually or on behalf of the Company) or the SLC (on behalf of the Company) relating to the subject matter of the Action (including, but not limited to, the Old ISIP, the New ISIP, the Ceridian IPO Awards, the Externalization, the Management Services Agreement, the Operating Agreement, and the SPAC Claims) against any of the Defendant Released Parties or the SLC Released Parties in any court, tribunal, other adjudicatory body, forum, suit, action, or proceeding. For the avoidance of doubt, the Plaintiff Released Claims shall not include any claims to enforce this Stipulation or the Settlement, any direct or class claims of any Company stockholders other thanthose of the Plaintiff, or any claims based on conduct occurring after the date of execution of this Stipulation.
Plaintiff Released Claims means and includes any and all claims for relief or causes of action, debts, demands, rights, or liabilities whatsoever, known or unknown, fixed or contingent, accrued or unaccrued, liquidated or unliquidated, at law or in equity, against any Plaintiff Released Persons (i) arising out of and/or relating in any way to Plaintiff’s prosecution of and/or participation in the Action and/or Plaintiff’s conduct as derivative plaintiff in the Action, or (ii) that otherwise in any way relate to the subject matter of the Action.
Plaintiff Released Claims means and includes any and all known claims and Unknown Claims for damages, injunctive relief, or any other remedies against Plaintiff, or against her attorneys, respective predecessors, successors, parents, subsidiaries, affiliates and agents
Plaintiff Released Claims means any and all actual or potential claims (including Unknown Claims), actions, causes of action, demands, obligations, or liabilities (including claims for attorney’s fees, expenses, or costs), whether arising under federal, state, or local law, whether by statute, contract, tort or equity or otherwise, whether brought in an individual or representative capacity, whether known or unknown, suspected or unsuspected, for monetary, injunctive, and any other relief against the Plaintiff Released Parties through the date the Court enters the Final Approval Order and Judgment, relating to Plaintiffs’ pursuit of the Actions.
Plaintiff Released Claims means all claims, demands, losses, liabilities, rights, causes of action of any nature whatsoever, whether known claims or Unknown Claims (as defined herein), whether legal or equitable, whether foreign or domestic, whether arising under federal, state, common, or foreign law, whether brought directly or derivatively (i) that have been or could have been asserted in the Action by the Plaintiff Releasing Parties and (ii) that arise out of, are based upon, or relate in any way, directly or indirectly, to the Merger or any of the acts, transactions, facts, events, matters, occurrences, representations or omissions that relate, directly or indirectly, to the Merger. Plaintiff Released Claims do not include claims to enforce the Settlement. “Unknown Claims” means any claim that Plaintiff, any Settlement Class member, or Defendants, do not know or suspect to exist in his, her, or its favor at the time of the Settlement, even if such claim, if known by him, her, or it, might have affected his, her, or its decisions with respect to this Settlement.
Plaintiff Released Claims means all claims, demands, rights, liabilities, losses, obligations, duties, damages, costs, debts, expenses, interest, penalties, sanctions, fees, attorneys’ fees, actions, potential actions, causes of action, suits, agreements, judgments, decrees, matters, issues and controversies of any kind, nature, or description whatsoever, whether known or unknown, disclosed or undisclosed, accrued or unaccrued, apparent or not apparent, foreseen or unforeseen, matured or not matured, suspected or unsuspected, liquidated or not liquidated, fixed or contingent, including unknown claims, whether based on state, local, foreign, federal, statutory, regulatory, common, or other law or rule (including claims within the exclusive jurisdiction of the federal courts, such as, but not limited to, federal securities claims), that are, have been, could have been, could now be, or in the future could, can, or might be asserted in this Action, or in any other court, tribunal, or proceeding by Plaintiff, any other B&W stockholder, or any member of the Class (in their capacities as current or former B&W shareholders), whether individually, derivatively on behalf of B&W, or as a member of the Class directly (in their capacities as current or former B&W stockholders), or otherwise, or by B&W directly, against the Defendants (and, with respect to the direct claims only, as against B&W too) and all other current and former B&W officers, directors and employees and their insurers, attorneys, financial advisors, agents and other standard and customarily released related parties (the “Defendant Released Parties”), which are based upon, arise out of, relate in any way to, or involve, directly or indirectly, any of the actions, transactions, occurrences, statements, representations, misrepresentations, omissions, allegations, facts, practices, events, claims or any other matters, things or causes whatsoever, or any series thereof, that arise out of or relate in any way to this litigation, and the matters raised in the Complaint and Amended Complaint, the 2019 Transactions (including, without limitation, the 2019 Rights Offering, the debt exchange, backstop agreement, warrants, loans and attempts to syndicate such loans, share authorizations and issuances, reverse stock split, amendments and changes to the composition of the B&W board of directors and executive officers), compensation paid to or payments on account of services rendered by Kenneth Young to B&W, the Tranche A-1, A-2 and A-3 te...
Plaintiff Released Claims means all claims, demands, rights, liabilities, losses, obligations, duties, damages, costs, debts, expenses, interest,