Released Claims

Released Claims. Means any and all of the claims set forth and described in Paragraphs 4.1, 4.2, 4.3, 4.4, and 4.5.

Released Claims. Means any and all Claims of a Releasing Party against the party being released, other than Excluded Claims, arising at any time from the beginning of the world to the Effective Date, whether pre- or post-petition, including without limitation, Claims: (a) arising under the Final Cash Management Order, the Final JV Order and the AJI and KJC Stipulation; (b) arising under or related to intercompany transfers; (c) related to the allocation among the Debtors of professional fees and expenses,... overhead expenses, or costs relating to the DIP Financing Facility; (d) for contribution, reimbursement or subrogation against a Debtor related to or arising out of Claims of third parties(whether or not affirmatively asserted) against any of the Releasing Parties who are or are alleged to be co-obligors as to such Claims, whether as a result of equity, contract (including guarantees), or statute, including, without limitation, Claims arising as a result of being within the same "controlled group" under the Employment Retirement Income Security Act of 1974 (ERISA); and (e) based upon, relating to, or arising from the negotiation, documentation, and execution of the terms and conditions contained in this Agreement, or any of the documents contemplated by this Agreement. View More

Released Claims. Means all past, present, or future liabilities, claims, demands, obligations, suits, injuries, damages, levies, executions, judgments, debts, charges, actions, or causes of action, at law or in equity, whether class, individual, or otherwise in nature, and whether known or unknown, foreseen or unforeseen, suspected or unsuspected, contingent or non-contingent, arising out of or relating to purchases of or reimbursements for brand or generic Xyrem or Xywav anywhere in the United States... (including its territories and possessions) at any time prior to the date the Court enters an order granting final approval (assuming that final approval is not overturned on appeal or the settlement is not terminated pursuant to the terms of this Settlement Agreement), that arise under any (i) federal statute or (ii) state statute or common law, relating to or arising out of the facts, occurrences, transactions, or other matters alleged or asserted in the Pre-Consolidation Complaints, the Complaint or in this Action, or that could have been alleged or asserted in this Action against the Releasees. For the avoidance of doubt, Released Claims are nationwide in scope, without regard for where a purchase or reimbursement occurred, and Released Claims therefore encompass purchases and/or reimbursements for brand or generic Xyrem or Xywav in any and all states (and U.S. territories and possessions) including but not limited to those listed in Paragraph 1.23 above. View More

Released Claims. Each and every Claim that (i) the Releasor or any Affiliated Party may have had in the past, may now have or may have in the future against any of the Releasees, and (ii) has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any circumstance, agreement, activity, action, omission, event or matter occurring or existing on or prior to the date of this General Release.

Released Claims. Any and all claims, actions, causes of action, demands, damages, attorneys' fees, costs, contracts, rights, debts, accounts, or liabilities, known or unknown, direct or indirect, that the Releasing Parties and the Released Parties may have against each other, individually or collectively, arising out of or based upon: the relationship between the Sourcecorp Parties and the Deatons; the Dispute; the transactions, events, occurrences, acts, omissions or failures to act set forth in, arising out... of, or pertaining in any way to the Stock Purchase Agreement or Employment Agreements, including all Earnout, Share Release and Holdback payments specified in Schedule 1.1 of the Stock Purchase Agreement, or financial disclosures related to these matters, or any actions, inactions, statements, omissions or conduct in connection with an internal investigation and subsequent financial statement Restatement and ensuing governmental investigations relating to the Earnout, Share Release and Holdback payments specified in Schedule 1.1 of the Stock Purchase Agreement, but specifically excluding any obligations under the Noncompetition Agreements, the Leases (amended as contemplated by this Agreement), the Future Tax Payments, or this Agreement. View More

Released Claims. Means any and all claims, counterclaims, demands, actions, causes of action, damages, liabilities, losses, payments, obligations, costs and expenses (including, without limitation, attorneys' fees and costs) of any kind or nature, past, present, fixed or contingent, direct or indirect, in law or equity, several or otherwise, known or unknown, suspected or unsuspected, that arises from or relate in any way to any act or omission prior to the Effective Date 1.11

Released Claims. Any and all claims, demands, liabilities, actions and causes of action of any nature whatsoever, whether liquidated or unliquidated, known or unknown, matured or unmatured, fixed or contingent which Borrower or any Subsidiary had, has or may have had against any of the Released Persons arising out of or in any way relating to the Credit Agreement or any Loan Document or any document, dealing or other matter in connection with any Loan Document or any Collateral referenced therein, in each case... to the extent arising on or prior to the date hereof or out of, or relating to, actions, dealings or other matters occurring prior to the date hereof (including any action or omission of any Released Person prior to the date hereof), the negotiation and documentation of this Waiver, and any of the transactions made or contemplated to be made hereunder or thereunder View More

Released Claims. Shall mean all claims (including "Unknown Claims" as defined herein), demands, rights, liabilities and causes of action under federal or state law, (including without limitation the Securities Act of 1933 and the Securities Exchange Act of 1934), whether based upon statutory or common law, whether class or individual in nature, known or unknown, concealed or hidden, and that (i) were asserted in the Litigation, or (ii) that could have been asserted in the Litigation by any Lead Plaintiff, Jones... Lead Plaintiff or Class Member against any Released Defendant Party arising from any losses sustained on the purchase of King Common Stock during the Class Period, including without limitation any claims related to King's return reserves. View More

Released Claims. Shall have the meaning set forth in paragraph 17 hereof.

Released Claims. Any and all claims and judgments for damages or monetary relief for acts of patent infringement asserted in any of the Pending Proceedings occurring on or before the Release Date