Released Class Claims means the claims being released as described in Paragraph 6.2 below.
Released Class Claims means the claims being released as described in Paragraph 5.2
Released Class Claims means any and all manner of claims, including Unknown Claims, causes of action, cross-claims, counter-claims, charges, liabilities, demands, suits, obligations, debts, setoffs, rights of recovery, or liabilities for any obligations of any kind whatsoever (however denominated), whether class or individual, in law or equity or arising under constitution, statute, regulation, ordinance, contract, or otherwise in nature, for fees, costs, penalties, fines, debts, expenses, attorneys’ fees, and damages, whenever incurred, and liabilities of any nature whatsoever (including joint and several), known or unknown, suspected or unsuspected, asserted or unasserted, which the Releasing Class Parties ever had, now have, or hereafter can, shall or may have, representatively, derivatively, or in any other capacity, against the Released BofA Parties, arising from or relating to the factual predicate of the Action, including without limitation: (i) any and all conduct related to the setting, submission, or alleged manipulation of ISDAfix Benchmark Rates; (ii) any purported conspiracy, collusion, racketeering activity, or other improper conduct regarding ISDAfix Benchmark Rates; (iii) any
Examples of Released Class Claims in a sentence
This Settlement Agreement contains the entire agreement 20 between the Parties relating to the settlement of the Action, Released Class Claims, and Released 21 PAGA Claims, and all prior or contemporaneous agreements, understandings, representations, 22 and statements, whether oral or written and whether by a Party or such Party’s legal counsel, are 23 merged herein.
More Definitions of Released Class Claims
Released Class Claims means all claims, rights, demands, liabilities, and causes of
Released Class Claims means each and every Claim that existed as of, on, or before the Execution Date and that Lead Plaintiff or any other Class Member (i) asserted against any of the Releasees in the Action (including all Claims alleged in the Complaint) or (ii) could have asserted or could assert against any of the Releasees in connection with or relating directly or indirectly to any of the Operative Facts or any alleged statements about, mischaracterizations of, or omissions concerning them, whether arising under any federal, state, or other statutory or common-law rule or under any foreign law, in any court, tribunal, agency, or other forum, if such Claim also arises out of or relates to the purchase or other acquisition of Schein Common Stock, or to any other Investment Decision, during the Class Period; provided, however, that the term “Released Class Claims” does not include (and will not release or impair): (i) any claims asserted in any action under the Employee Retirement Income Security Act of 1974 or in any derivative action, including without limitation the claims asserted in the Derivative Settlement or Finazzo v. Bergman, No. 1:19-cv-06485-LDH-JO (E.D.N.Y.), or Sloan v. Bergman, No. 1:20-cv-0076 (E.D.N.Y.), or any cases consolidated into those actions; (ii) any claims asserted in City of Hollywood Police Officers Ret. Sys. v. Henry Schein, Inc., No. 2:19-cv-5530 (E.D.N.Y.), or any
Released Class Claims means all claims and other matters released in and by Section XV of this Settlement Agreement.
Released Class Claims means all claims (including "Unknown Claims" as defined herein), demands, rights, liabilities and causes of action of every nature and description whatsoever, known or unknown, whether or not concealed or hidden, asserted or that might have been asserted, including, without limitation, claims for negligence, gross negligence, breach of duty of care and/or breach of duty of loyalty, fraud, breach of fiduciary duty, or violation of any state or federal statutes, rules or regulations, by any Representative Plaintiff or Class Member against any or all of the Defendants and/or any or all of the Released Persons arising out of, based upon or related to the purchase, other acquisition or sale of Samsonite common stock and/or the purchase, other acquisition or sale of Samsonite options during the Class Period by any Class Member and the facts, transactions, events, occurrences, acts, disclosures, statements, omissions or failures to act which were or could have been alleged in the Litigation.
Released Class Claims means each and every Claim that (i) arises from or relates to the Action (including all Claims alleged in the Complaint) and is asserted against the Releasees or (ii) could have been or could be asserted against any of the Releasees in connection with or relating directly or indirectly to any of the Operative Facts or any alleged statements about, mischaracterizations of, or omissions concerning them, whether arising under any federal, state, or other statutory or common-law rule or under any foreign law, in any court, tribunal, agency, or other forum, and such Claim arises out of or relates to the purchase or other acquisition of YRC Securities, or to any other Investment Decision, during the Class Period; provided, however, that the term “Released Class Claims” does not include (and will not release or impair) (i) any shareholder derivative action, including without limitation the claims asserted in Bhandari v. Carty, No. 2021-0090 (Del. Ch.), or (ii) any claims to enforce this Settlement Agreement..
Released Class Claims means any and all claims, actions, demands, rights, liabilities, suits, and causes of action of every nature and description whatsoever, known or unknown, that were asserted or that could or might have been asserted in any pleading or amended pleading by the Representative Plaintiffs, by the Representative Plaintiffs on behalf of the class, or by any of the other Settlement Class Members against Released Persons, based upon, arising from, or in any way related to both the purchase of Hybrid common stock by the Representative Plaintiffs or the other Settlement Class Members during the Settlement Class Period and the facts, transactions, events, occurrences, disclosures, statements, acts or omissions or failures to act which were or could have been alleged in the Litigation; or any claim that the Settling Defendants or their Related Parties improperly defended or settled the Litigation and/or the Released Claims.
Released Class Claims means any and all claims, debts, actions, causes of action, suits, dues, sums of money, accounts, liabilities, reckonings, bonds, bills, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, awards, extents, executions, and demands whatsoever (including, but not limited to, any claims for damages, interest, attorneys’ fees, expert or consulting fees, and any other costs, expenses or liability), whether known or Unknown Claims (as defined below), whether arising under federal, state, local, common, statutory, administrative or foreign law, or any other law, rule or regulation, whether at law or in equity, whether class or individual in nature, whether fixed or contingent, whether accrued or unaccrued, whether liquidated or unliquidated, whether matured or unmatured, whether direct, indirect, or consequential, whether suspected or unsuspected, which Lead Plaintiff or any other Class Member, on behalf of themselves, their heirs, executors, representatives, administrators, predecessors, successors, assigns, officers and directors, any and all other persons they represent and any other person or entity claiming (now or in the future) through or on behalf of them, in their individual capacities and in their capacities as purchasers of AAP common stock, ever had, now has, or hereafter can, shall, or may have, whether in their own right or by assignment, transfer or grant from any other person, thing or entity that: (i) have been asserted in this Action by Lead Plaintiff or any other Class Member against any of the Released Parties; or (ii) could have been asserted in any court or forum by Lead Plaintiff or any other Class Member against any of the Released Parties, that arise out of, are based upon or relate to, directly or indirectly, the allegations, transactions, facts, statements, matters or occurrences, representations or omissions involved, set forth, or referred to in the Amended Complaint or that relate to the purchase, sale, and/or other acquisition of AAP common stock during the Class Period. Released Class Claims shall not include: