Released Defendant 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, which any Defendant ever had, now has, or may have against any of the Plaintiff Released Persons and/or the Released SLC Persons that arise out of, are based upon, or relate to the institution, prosecution, or settlement of the claims asserted in the Action. For the avoidance of doubt, the Released Defendant Claims shall not include any claims to enforce this Stipulation or the Settlement.
Released Defendant Claims means any and all claims, demands, rights, actions, potential actions, causes of action, liabilities, damages, losses, obligations, judgments, duties, suits, agreements, costs, expenses, debts, interest, penalties, sanctions, fees, attorneys’ fees, judgments, decrees, matters, issues and controversies of any kind, nature or description whatsoever, whether based on federal, state, local, statutory or common law or any other law, rule or regulation, whether fixed or contingent, accrued or un-accrued, liquidated or un-liquidated, at law or in equity, matured or un-matured, disclosed or un-disclosed, apparent or un-apparent, including known claims and Unknown Claims (as defined below), which were or could have been alleged or asserted in the 2005 Derivative Cases by any of the Released Defendants against any of the Released Plaintiff Parties, directly or indirectly relating to or arising out of the institution, prosecution or settlement of the 2005 Derivative Cases. Released Defendant Claims do not include any claims relating to the enforcement of this Settlement.
Released Defendant Claims means any and all Claims that are based upon or arise out of the institution, prosecution or settlement of the claims asserted by the Plaintiffs in the Derivative Action. Notwithstanding the foregoing, Released Defendant Claims shall not mean and does not include any claims by the Parties to enforce the terms of this Stipulation.
Examples of Released Defendant Claims in a sentence
The obligations incurred pursuant to this Stipulation shall be in full and final dismissal, discharge, settlement and disposition, with prejudice, of: (a) the Delaware Consolidated Action; (b) any and all Released Plaintiff Claims as against the Released Defendant Persons by any of the Releasing Plaintiff Persons; and (c) any and all Released Defendant Claims as against the Released Plaintiff Persons by any of the Releasing Defendant Persons.
The complete terms, including the definitions of the Effective Date, Released Defendant Claims, Released Defendant Persons, Released Stockholder Claims, Released Stockholder Persons, and Unknown Claims, are set forth in the Stipulation, which is available at xxx.xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.xxx.
Effective upon the Final Settlement Date, Defendants, on behalf of themselves and the Releasing Defendant Parties, shall not commence or maintain any action, cause of action, suit, controversy, claim, grievance, or arbitration, or make any demands whatsoever, at law or in equity, by contract (express or implied), tort, or pursuant to statute or otherwise from the beginning of time to the end of time, that constitute, are based on, relate to, or arise out of any Released Defendant Claims.
More Definitions of Released Defendant Claims
Released Defendant Claims means upon the Effective Date, Defendants will release as against Released Plaintiff Parties, all claims and causes of action of every nature and description, whether known or Unknown Claims, whether arising under federal, state, local, common, statutory, administrative, or foreign law, or any other law, rule, or regulation, at law or in equity, whether fixed or contingent, whether foreseen or unforeseen, whether accrued or unaccrued, whether liquidated or unliquidated, whether matured or unmatured, whether direct, representative, class, or individual in nature that arise out of or relate in any way to the institution, prosecution, or settlement of the claims against Defendants. Released Defendant Claims shall not include any claims relating to the enforcement of the Settlement.
Released Defendant Claims means all claims and causes of action of every nature and description, whether known or unknown (i.e., “Unknown Claims” as defined below), whether arising under federal, state, common or foreign law, whether class or individual in nature, that arise out of or relate in any way to the institution, prosecution, or settlement of the claims against Defendant. “Released Defendant Claims” do not include claims arising out of, based upon, relating to, concerning, or in connection with the interpretation or enforcement of the terms of the Settlement.
Released Defendant Claims means any and all claims, demands, rights, liabilities, losses, obligations, duties, damages, costs, interests, debts, expenses, charges, penalties, sanctions, fees, attorneys’ fees, actions, potential actions, causes of action, suits, agreements, judgments, decrees, matters, issues and controversies of any kind, nature and description whatsoever that relate to the Covered Securities, (i) whether disclosed or undisclosed, known or unknown, accrued or unaccrued, matured or not matured, perfected or not perfected, xxxxxx or inchoate, liquidated or not liquidated, fixed or contingent, ripened or unripened; (ii) whether at law or equity, whether based on or arising under state, local, federal, foreign (if any), statutory, regulatory, common, or other law or rule and upon any legal theory (including, but not limited to, claims arising under federal or state securities laws), no matter how asserted; (iii) that previously existed, currently exist, or exist in the future; and (iv) that were, could have been, or may be asserted by any or all of the Releasing Defendant Persons against any or all of the Released Plaintiff Persons in any federal or state court, or in any other court, tribunal, arbitration, proceeding, administrative agency, or other forum; provided, however, that the Released Defendant Claims shall not include: (i) any claims against any Person other than the Released Plaintiff Persons; (ii) any claims against any governmental entity or agency besides FHFA, solely in its capacity as Conservator of the GSEs, or the GSEs; (iii) any LIBOR Claims; or (iv) any claims to enforce this Agreement.
Released Defendant Claims means any Claims that have been or could have been asserted in the Action or in any court, tribunal, forum, or proceeding by Defendants or any of them or their respective successors and assigns against any of the Released Plaintiff Parties, which arise out of or relate in any way to the institution, prosecution, settlement, or dismissal of the Action; provided, however, that the Released Defendant Claims shall not include claims to enforce the Stipulation.
Released Defendant Claims means any and all claims and causes of action of every nature and description, whether such are known or Unknown (as that term is employed and defined in ¶ 5.4 below), whether arising under federal, state, common or foreign law, that were or could have been asserted by any or all of the Releasing Defendant Persons against any or all of the Released Plaintiff Persons and that arise out of or relate in any way to the institution, prosecution or settlement of the Action, except for claims relating to the enforcement of the Settlement. Nothing in this definition of “Released Defendant Claims” is intended to, or should be construed as prohibiting or limiting the U.S. Directors from: (a) asserting against a Person other than a Released Plaintiff Person a claim relating to, or arising out of, the December Offering or Puda that is not precluded by ¶ 7.3(b) hereof, and/or (b) from taking any action to enforce or effectuate the terms and provisions of this Stipulation, the Settlement, the Preliminary Approval Order and/or the Final Order and Judgment.
Released Defendant Claims means any and all claims, demands, rights, liabilities, losses, obligations, duties, damages, costs, interests, debts, expenses, charges, penalties, sanctions, fees, attorneys’ fees, actions, potential actions, causes of action, suits, agreements, judgments, decrees, matters, issues and controversies of any kind, nature and description whatsoever relating to the Covered Securities, (1) whether disclosed or undisclosed, known or unknown, accrued or unaccrued, matured or not matured, perfected or not perfected, xxxxxx or inchoate, liquidated or not liquidated, fixed or contingent, ripened or unripened;
Released Defendant Claims means any and all claims arising out of or relating to the initiation, prosecution, or resolution of the Action, excepting any claim to enforce this Stipulation or Settlement.