Common use of Preliminary Injunction Clause in Contracts

Preliminary Injunction. Pending final determination of whether the 14 Settlement should be approved, all Settlement Class Members are preliminarily 15 enjoined unless and until they have timely and properly excluded themselves from the 16 Settlement Class from (i) filing, commencing, prosecuting, intervening in, or participating as plaintiff, claimant, or class member in any other lawsuit or 18 administrative, regulatory, arbitration, or other proceeding in any jurisdiction based 20 on, relating to, or arising out of the claims and causes of action or the facts and 21 circumstances giving rise to the Litigation and/or the Released Claims; (ii) filing, 22 commencing, participating in, or prosecuting a lawsuit or administrative, regulatory, 23 arbitration, or other proceeding as a class action on behalf of any member of the Settlement Class who has not timely excluded himself or herself (including by seeking to amend a pending complaint to include class allegations or seeking class certification 27 in a pending action), based on, relating to, or arising out of the claims and causes of 28 action or the facts and circumstances giving rise to the Litigation and/or the Released 1 Claims; and (iii) attempting to effect Opt-Outs of a class of individuals in any lawsuit 2 or administrative, regulatory, arbitration, or other proceeding based on, relating to, or arising out of the claims and causes of action or the facts and circumstances giving rise to the Litigation and/or the Released Claims. Any Person who knowingly violates 6 such injunction shall pay the attorneys' fees and costs incurred by Defendants, any