Excluded Party

Excluded Party. Means any Bank. Notwithstanding the foregoing, Excluded Party does not include, and shall not be interpreted to include: (a) any Citi Entity; (b) any Bank(s) for whom a Citi Entity processes ACH Transactions so long as all such ACH Transactions do not exceed 60,000 transactions in the aggregate among all such Banks in any month; or (b) any Entity that: (i) is dismissed with prejudice from a lawsuit for Infringement of an LML Patent; (ii) is found not to Infringe all asserted claims of an LML... Patent(s) that are also not found to be invalid or unenforceable after all appeals are exhausted; (iii) otherwise enters into a settlement agreement with any LML Entity concerning an LML Patent(s); or (iv) is otherwise licensed to an LML Patent(s). View More

Excluded Party. Means any Bank. Notwithstanding the foregoing, Excluded Party does not include, and shall not be interpreted to include: (a) any M&I Entity; or (b) any Entity that: (i) is dismissed with prejudice from a lawsuit for Infringement of an LML Patent; (ii) is found not to Infringe all asserted claims of an LML Patent(s) that are also not found to be invalid or unenforceable after all appeals are exhausted; (iii) otherwise enters into a settlement agreement with any LML Entity concerning an LML... Patent(s); or (iv) is otherwise licensed to an LML Patent(s). View More

Excluded Party. Means any Bank. Notwithstanding the foregoing, Excluded Party does not include, and shall not be interpreted to include: (a) any First National Entity; (b) any Bank(s) for whom the First National Defendants process ACH Transactions (a current list of which is attached as Exhibit B), but only to the extent such ACH Transactions are processed by a First National Entity, and provided that any such Bank was not a named defendant in either of the Lawsuits; or (c) any Entity that: (i) is dismissed... with prejudice from a lawsuit for Infringement of an LML Patent; (ii) is found not to Infringe all asserted claims of an LML Patent(s) that are also not found to be invalid or unenforceable after all app eals are exhausted; (iii) otherwise enters into a settlement agreement with any LML Entity concerning an LML Patent(s); or (iv) is otherwise licensed to an LML Patent(s). View More

Excluded Party. Means any Bank. Notwithstanding the foregoing, Excluded Party does not include, and shall not be interpreted to include: (a) any PNC Entity; (b) Sumitomo Mitsui and its Affiliates; (c) SE Banken and its Affiliates; or (d) any Entity that: (i) is dismissed with prejudice from a lawsuit for Infringement of an LML Patent; (ii) is found not to Infringe all asserted claims of an LML Patent(s) that are also not found to be invalid or unenforceable after all appeals are exhausted (iii) otherwise... enters into a settlement agreement with any LML Entity concerning the asserted LML Patent(s); or (iv) is otherwise licensed to the asserted LML Patent(s). View More

Excluded Party. Means the named defendants in Litigation I and II and their Affiliates and Bank of America Corporation and its Affiliates. Notwithstanding the foregoing, Excluded Party does not include, and shall not be interpreted to include: (a) any Bank or Entity not included above; or (b) any Entity that: (i) is dismissed with prejudice from a lawsuit for Infringement of an LML Patent; (ii) is found not to Infringe all asserted claims of an LML Patent(s) that are also not found to be invalid or... unenforceable after all appeals are exhausted; (iii) otherwise enters into a settlement agreement with any LML Entity concerning an LML Patent(s); or (iv) is otherwise licensed to an LML Patent(s). View More