Common use of Bar Orders Clause in Contracts

Bar Orders. The Partial Final Judgment shall contain provisions substantially conforming to the following (a) In accordance with Section 21D-4(f)(7)(A) of the Private Securities Litigation Reform Act of 1995, 15 U.S.C. § 78u-4(f)(7)(A), each of the Released Persons are discharged from all claims for contribution that have been or may hereafter be brought by or on behalf of any of the Non-Settling Defendants or any of the Settling Defendants based upon, relating to, or arising out of the Released Claims. Accordingly, (i) the Non-Settling Defendants are permanently barred, enjoined, and restrained from commencing, prosecuting, or asserting any such claim for contribution against any Released Person based upon, relating to, or arising out of the Released Claims; and (ii) the Released Persons are permanently barred, enjoined, and restrained from commencing, prosecuting, or asserting any claim for contribution against the Non-Settling Defendants based upon, relating to, or arising out of the Released Claims (“Reform Act Bar Order”). (b) The Non-Settling Defendants and the Settling Defendants are permanently barred, enjoined, and restrained from commencing, prosecuting or asserting any claim, if any, however styled, whether for indemnification, contribution, or otherwise and whether arising under state, federal, or common law, against the Released Persons based upon, arising out of, or relating to the Released Claims; and the Released Persons are permanently barred, enjoined, and restrained from commencing, prosecuting, or asserting any other claim, if any, however styled, whether for indemnification, contribution, or otherwise and whether arising under state, federal, or common law, against the Non-Settling Defendants based upon, arising out of, or relating to the Released Claims (the “Complete Bar Order”). (c) If the Partial Final Judgment fails to include the Reform Act Bar Order or the Complete Bar Order (collectively “Bar Orders”), or if appellate review of the Bar Orders is sought and on such review the Bar Orders are vacated, modified or reversed, then the Settling Defendants shall have the right to terminate the Settlement. (d) Notwithstanding the foregoing provisions, nothing in the Partial Final Judgment will bar the Non-Settling Defendants from pursuing claims that are independent of the Released Claims against the Released Persons.

Bar Orders. The Partial Final Judgment shall contain provisions substantially conforming to the followingfollowing paragraphs: (a) In accordance with Section 21D-4(f)(7)(A) of the Private Securities Litigation Reform Act of 1995, 15 U.S.C. § 78u-4(f)(7)(A), each of the Released Persons are discharged from all claims for contribution that have been or may hereafter be brought by or on behalf of any of the Non-Settling Defendants or any of the Settling Defendants based upon, relating to, or arising out of the Released Claims. Accordingly, (i) the Non-Settling Defendants are permanently barred, enjoined, and restrained from commencing, prosecuting, or asserting any such claim for contribution against any Released Person based upon, relating to, or arising out of the Released Claims; and (ii) the Released Persons are permanently barred, enjoined, and restrained from commencing, prosecuting, or asserting any claim for contribution against the Non-Settling Defendants based upon, relating to, or arising out of the Released Claims (“Reform Act Bar Order”). (b) The Non-Settling Defendants and the Settling Defendants are permanently barred, enjoined, and restrained from commencing, prosecuting or asserting any claim, if any, however styled, whether for indemnification, contribution, or otherwise and whether arising under state, federal, or common law, against the Released Persons based upon, arising out of, or relating to the Released Claims; and the Released Persons are permanently barred, enjoined, and restrained from commencing, prosecuting, or asserting any other claim, if any, however styled, whether for indemnification, contribution, or otherwise and whether arising under state, federal, or common law, against the Non-Settling Defendants based upon, arising out of, or relating to the Released Claims (the “Complete Bar Order”). (c) If the Partial Final Judgment fails to include the Reform Act Bar Order or the Complete Bar Order (collectively “Bar Orders”), or if appellate review of the Bar Orders is sought and on such review the Bar Orders are vacated, modified or reversed, then the Settling Defendants shall have the right to terminate the Settlement. (d) Notwithstanding the foregoing provisions, nothing in the Partial Final Judgment will bar the Non-Settling Defendants from pursuing claims that are independent of the Released Claims against the Released Persons.