Release by Settlement Class Members and Plaintiff Sample Clauses

Release by Settlement Class Members and Plaintiff. Plaintiff and every member of the Settlement Class (except those who timely and properly submit a Request for Exclusion as set forth below) will fully and forever completely release and discharge Defendant, and all of its past and present officers, directors, shareholders, managers, employees, agents, principals, heirs, representatives, accountants, auditors, consultants, and its respective successors and predecessors in interest, subsidiaries, affiliates, parents and attorneys, (collectively the “Released Parties”), as follows:
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Release by Settlement Class Members and Plaintiff. Plaintiff and every member of the Settlement Class (except those who timely and properly submit a Request for Exclusion as set forth below), on behalf of themselves, their respective spouses, heirs, executors, representatives, assigns, estates, and attorneys, will fully release and discharge SB Farms, and all of its past and present officers, directors, partners, shareholders, members, employees, agents, principals, heirs, representatives, accountants, auditors, consultants, and any of their respective successors and predecessors in interest, subsidiaries, affiliates, parents, and attorneys (collectively the “Released Parties”) as follows: A. Settlement Class members will release all claims, demands, rights, liabilities, obligations, costs, expenses, damages, and causes of action which relate to the allegations and claims asserted in the Complaints on file in this Action for the Class Period, including, but not limited to all disputed wage claims under the California Labor Code, and specifically, for any claims that were pled in any of the Complaints in the Action, or which could have been pled in any of the Complaints in the Action based on the factual allegations therein, that arose during the Class Period with respect to the following claims: (1) failure to pay all minimum wages owed; (2) failure to pay all overtime wages owed; (3) failure to provide meal periods, or premium pay for non-compliant meal periods; (4) failure to authorize and permit rest periods, or premium pay for non-complaint rest periods; (5) failure to provide accurate, itemized wage statements; (6) failure to indemnify all necessary business expenditures; (7) failure to timely pay all final wages due upon separation of employment from SB Farms; (8) all claims for unfair business practices that could have been premised on the facts, claims, causes of action, or legal theories described above; and (9) all claims under the PAGA that could have been premised on the facts, claims, causes of action, or legal theories described above, and any other claims whatsoever alleged in this case, including without limitation all claims for restitution and other equitable relief, liquidated damages, all penalties under the Labor Code, other compensation, and attorneys’ fees, arising from the facts alleged in the Complaints filed in this Action (collectively, the “Released Claims”). The time period of the Release is the same time period as the Class Period. B. In light of his Class Representative Servi...
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Release by Settlement Class Members and Plaintiff. Plaintiff and every member of the Settlement Class (except those who timely and properly submit a Request for Exclusion as set forth below) will fully and forever completely release ICS, and all of its past and present owners (including but not limited to ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, and ▇▇▇▇▇ ▇▇▇), officers, directors, shareholders, managers, employees, agents, principals, heirs, representatives, accountants, insurers, auditors, consultants, and its respective successors and predecessors in interest, subsidiaries, affiliates, parents and attorneys, (collectively the “Released Parties”), as follows:
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Release by Settlement Class Members and Plaintiff. Plaintiff and every member of the Settlement Class (except those who timely and properly submit a Request for Exclusion as set forth below) (“Settlement Class Member” or “Class Members”) will fully and forever completely release and forever discharge Defendant ▇▇▇▇▇▇ Farm Labor Contractor, Inc., a California Corporation, and all the entities for whom ▇▇▇▇▇▇ Farm Labor Contractor, Inc. provided labor (“Released Affiliates”) in the Class Period (including, but not limited to, Grimmway Enterprises, Inc. aka Grimmway Farms and Cal-Organic Farms) and all of Defendant’s and Released Affiliates present and former parent companies, subsidiaries, divisions, related or affiliated companies, shareholders, officers, directors, employees, agents, attorneys, insurers, successors and assigns, and any individual or entity which could be liable for any of the Released Claims as defined below, (collectively the “Released Parties”), as follows:
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Release by Settlement Class Members and Plaintiff. Plaintiff and every member of the Settlement Class (except those who opt out) will fully release and discharge Defendant and any of its former or present parents, subsidiaries, affiliates, investors, partners, owners, related organizations, predecessors or successors including but not limited to ▇▇▇▇▇▇▇ Industries Holdings, Inc. dba Integrated Polymer Solutions, Integrated Polymer Group, SI Holdings, Inc., SI Intermediate Holding, Inc., ▇▇▇▇▇▇▇ Composites, Inc., MAST Technologies LLC, International Rubber Products, Inc. (NV), Arcline Engineered Polymer Holdco LLC, Arcline Engineered Polymer Midco LLC, Arcline Engineered Polymer Topco L.P, Swift Textile Metalizing LLC, Seal Science, Inc., Arcline Engineered Polymer Holdco LLC, Arcline Engineered Polymer Midco LLC, Arcline Engineered Polymer Topco L.P, Swift Textile Metalizing LLC, Seal Science, Inc.,; Arcline Engineered Polymer Topco GP LLC; Swiftex, LLC; SHS 16, LLC; Advanced Defense Solutions Technologies, LLC; Viking Rubber Products, Inc. dba IRP Medical; ▇▇▇▇▇▇ Rubber Products, Inc. dba Abba Roller; Mikron Rubber Products Corp. dba MikronPMP Aerospace; Precision Molded Products; S.P.A.R.E.S.; Mikron PMP, LLC dba MikronPMP Aerospace; KDL Precision Molding, Inc.; Northern Engineering UK Limited; Northern Engineering (Sheffield) Limited; Crosslink Technology Holdings Limited; Icon Aerospace Technology Limited; Arcline Capital Partners L.P.; Arcline Capital Partners A L.P. Arcline Capital Partners Associates LP and all agents, employees, officers, directors, members, managers, holding companies, insurers, and attorneys thereof, (collectively, the “Released Parties”), as follows:
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Release by Settlement Class Members and Plaintiff. Plaintiff and every member of the Settlement Class (except those who opt out) will fully release and discharge Defendant, including A. Settlement Class members will release all claims and causes of action, alleged or which could have reasonably been alleged based on the allegations in the FAC, including, but not limited to claims arising under the California Labor Code, the Private Attorney Generals Act, the California Business & Professions Code and the Fair Labor Standards Act for: (a) failure to pay all minimum wages owed, including any and all claims for failure to pay minimum wages and overtime wages based upon incorrect or improper calculation of the regular rate of pay, pursuant to the California Labor Code and Fair Labor Standards Act, including 29 U.S.C. sections 206, 207, 211 and 216b; (b) failure to pay all overtime premium wages owed, such as time and a half and double-time, including pursuant to the California Labor Code and Fair Labor Standards Act, including 29 U.S.C. 207, 211 and 216b; (c) failure to provide all meal and/or rest periods; (d) failure to provide complete, accurate and/or properly formatted wage statements; (e) failure to timely pay all wages due or final wages due, such as claims based upon the failure to pay all wages and final wages due based upon incorrect or improper calculation of the regular rate of pay, including pursuant to the California Labor Code and Fair Labor Standards Act, including 29 U.S.C. sections 206, 207, 211 and 216b; (f) all claims for unfair business practices that could have been premised on the facts, claims, causes of action or legal theories of relief pled in the SAC; (g) all other wage, rest and meal period claims arising under the California Labor Code or the Fair Labor Standards Act, including, but not limited to, claims made under 29 U.S.C. section 211 and 216b (h) all claims under PAGA that could have been premised on the claims, causes of action or legal theories pled in the FAC and (i) all claims under the California Business & Professions Code, including unfair competition under section 17200, et seq.(collectively, the “Released Claims”). The period of the Release shall extend to the limits of the Class Period. The res judicata and collateral estoppel effect of the judgment will be the same as that of the Release. B. In consideration for his Class Representative Service Award, Plaintiff ▇▇▇▇▇ ▇▇▇▇▇▇ has agreed to release, in addition to the Released Claims described above, all known and unkn...
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Related to Release by Settlement Class Members and Plaintiff

  • Notice to Class Members 7.4.1 No later than three (3) business days after receipt of the Class Data, the Administrator shall notify Class Counsel that the list has been received and state the number of Class Members, PAGA Members, Workweeks, and Pay Periods in the Class Data. 7.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 days after receiving the Class Data, the Administrator will send to all Class Members identified in the Class Data, via first-class United States Postal Service (“USPS”) mail, the Class Notice with Spanish translation, if applicable substantially in the form attached to this Agreement as Exhibit A. The first page of the Class Notice shall prominently estimate the dollar amounts of any Individual Class Payment and/or Individual PAGA Payment payable to the Class Member, and the number of Workweeks and PAGA Pay Periods (if applicable) used to calculate these amounts. Before mailing Class Notices, the Administrator shall update Class Member addresses using the National Change of Address database. 7.4.3 Not later than 3 business days after the Administrator’s receipt of any Class Notice returned by the USPS as undelivered, the Administrator shall re-mail the Class Notice using any forwarding address provided by the USPS. If the USPS does not provide a forwarding address, the Administrator shall conduct a Class Member Address Search, and re-mail the Class Notice to the most current address obtained. The Administrator has no obligation to make further attempts to locate or send Class Notice to Class Members whose Class Notice is returned by the USPS a second time. 7.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests for Exclusion will be extended an additional 14 days beyond the 60 days otherwise provided in the Class Notice for all Class Members whose notice is re-mailed. The Administrator will inform the Class Member of the extended deadline with the re-mailed Class Notice. 7.4.5 If the Administrator, Defendant or Class Counsel is contacted by or otherwise discovers any persons who believe they should have been included in the Class Data and should have received Class Notice, the Parties will expeditiously meet and confer in person or by telephone, and in good faith in an effort to agree on whether to include them as Class Members. If the Parties agree, such persons will be Class Members entitled to the same rights as other Class Members, and the Administrator will send, via email or overnight delivery, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.

  • Release of Pre-Distribution Claims (a) SpinCo Release of Parent. Except as provided in Sections 4.1(c) and 4.1(d), effective as of the Effective Time, SpinCo does hereby, for itself and each other member of the SpinCo Group, and their respective successors and assigns, and, to the extent permitted by Law, all Persons who at any time prior to the Effective Time have been unitholders, directors, officers, agents or employees of any member of the SpinCo Group (in each case, in their respective capacities as such), remise, release and forever discharge (i) Parent and the members of the Parent Group, and their respective successors and assigns (including TRGP and NGLS upon consummation of the Merger), and (ii) all Persons who at any time prior to the Effective Time have been unitholders, directors, officers, agents or employees of any member of the Parent Group (in each case, in their respective capacities as such), and their respective heirs, executors, administrators, successors and assigns, and (iii) all Persons who at any time prior to the Effective Time are or have been unitholders, directors, officers, agents or employees of a Transferred Entity and who are not, as of immediately following the Effective Time, directors, officers or employees of SpinCo or a member of the SpinCo Group, in each case from: (A) all Assumed Liabilities, (B) all Liabilities arising from or in connection with the transactions and all other activities to implement the Separation and the Distribution and (C) all Liabilities arising from or in connection with actions, inactions, events, omissions, conditions, facts or circumstances occurring or existing prior to the Effective Time (whether or not such Liabilities cease being contingent, mature, become known, are asserted or foreseen, or accrue, in each case before, at or after the Effective Time), in each case to the extent relating to, arising out of or resulting from the Transferred Business, the Transferred Assets or the Assumed Liabilities.

  • Rollovers of Settlement Payments From Bankrupt Airlines If you are a qualified airline employee who has received a qualified airline settlement payment from a commercial airline carrier under the approval of an order of a federal bankruptcy court in a case filed after September 11, 2001, and before January 1, 2007, you are allowed to roll over any portion of the proceeds into your ▇▇▇▇ ▇▇▇ within 180 days after receipt of such amount, or by a later date if extended by federal law. For further detailed information and effective dates you may obtain IRS Publication 590-A, Contributions to Individual Retirement Arrangements (IRAs), from the IRS or refer to the IRS website at ▇▇▇.▇▇▇.▇▇▇.

  • Settlement Class In the event of such dispute, the party raising the dispute shall be limited to seeking declaratory relief, and to no other form of relief. The declaratory relief available as to any such dispute shall be limited to deciding whether (y) the putative buying group is a properly organized bona fide buying group that complies with the requirements of this Paragraph, and/or (z) whether Visa negotiated in good faith with the putative buying group. The parties, including all members of the Rule 23(b)(2) Settlement Class, waive all rights to appeal from any such determinations. Upon resolution of the dispute by the Court, the losing party shall be responsible for all attorneys’ fees and expenses of the prevailing party unless the Court determines that the circumstances make such an award unjust.

  • Claims and Settlements Each party shall, within five (5) days after the making of any claim under the Bond, provide UMB Fund Services, Inc. (“UMBFS”) with written notice of the amount and nature of such claim, and UMBFS will provide written notice to all other parties within five (5) days of receipt. Each party shall, within five (5) days of the receipt thereof, provide UMBFS with written notice of the terms of settlement of any claim made under the Bond by such party, and UMBFS will provide written notice to all other parties within five (5) days of receipt. In the event that two or more parties shall agree to settlement with the fidelity company of a claim made under the Bond with respect to a single loss, such parties shall, within five days after settlement, provide UMBFS with written notice of the amounts to be received by each claiming party under Section 4 hereof, and UMBFS will provide written notice to all other parties within five (5) days of receipt. The officer(s) of the respective parties designated as responsible for filing notices required by paragraph (g) of the Rule 17g-1 under the Act shall give and receive any notice required hereby.