Unless you exclude yourself from the Settlement Class, if the Settlement is approved, you will be a Class Member. As a Class Member, you will receive any portion of the Net Settlement Fund allocated to you and will be bound by all orders and judgments entered by the Court regarding the Settlement. If the Settlement is approved, you will not be able to sue, continue to sue, or be part of any other lawsuit against any of the Released Parties concerning any of the Released Claims.
If the Court enters a final order approving the Settlement, all Class Members, on behalf of the “Releasing Parties,” will release any “Released Claims” they have against the “Released Parties.” This means that if you remain a member of the Settlement Class, any and all claims related to underpaid and unpaid interest for payments made during the Claim Period will be released and discharged.
"Claim Period" means between March 15, 2011 and July 31, 2018.
"Released Claims" include all claims and damages (statutory, contract, tort, equitable, punitive, interest, and other relief) that the Releasing Parties may have against the Released Parties related to underpaid and/or unpaid interest on allegedly late payments of proceeds related to Oklahoma oil and gas production made between March 15, 2011 and July 31, 2018. Without limiting the foregoing, the Released Claims include any and all claims that were, or that could have been, asserted in this Litigation for Defendant’s alleged failure to pay interest on proceeds payments made outside the time periods set forth in the Production Revenue Standards Act, 52 Okla. St. §570.1, et seq. (the “PRSA”) or applicable contracts. The release shall extend to and include Defendant and its affiliates, subsidiaries, predecessors, successors, officers, directors, employees, insurers, and attorneys. The definition of Released Claims also shall extend to and include all claims, demands, actions, causes of action, allegations, rights, obligations, costs, losses, and damages arising in whole or in part at any time between March 15, 2011 and July 31, 2018 from or in connection with acts or omissions of any of the Released Parties of any and every kind or nature, whether in law or in equity, whether in tort or contract, whether arising under any statute or regulation, whether known or unknown, based upon the claims that were, or could have been, asserted in the Litigation. Released Claims specifically include, without limitation, all claims and alleged damages relating to payments made between March 15, 2011 and July 31, 2018 for all of the Released Parties’ Oklahoma oil and gas production regarding the Released Parties’ alleged: (a) failure to pay, or delay in paying, interest on payments made outside of time periods prescribed by the PRSA or any applicable statute or contract; (b) payment of interest that was less than the amount of interest due under the PRSA or any other applicable statute or contract; (c) misrepresentation or omission regarding the amount of interest the Released Parties owed, including if any interest was, in fact, owed; (d) breach of statutory, contractual or other obligation(s) to pay interest; (e) failure to pay interest allegedly owed on any escheat payments the Released Parties made to the State of Oklahoma or any other state or government agency pursuant to the Uniform Unclaimed Property Act, Unclaimed Pooled Monies Act, or similar statutes; and (f) fraud, constructive fraud, deceit, concealment, unjust enrichment, disgorgement, accounting, actual damages, punitive damages, and injunctive relief related to or arising out of the Released Parties’ alleged obligation to pay interest on proceeds from any Oklahoma oil and gas production.
The Released Claims do not include claims related to payments made outside of the Claim Period or Cimarex II-Related Claims.
"Released Parties" means Defendant; its predecessors, successors, heirs, assignors, and assignees; and any past and present affiliates, directors, officers, employees, attorneys, agents, consultants, servants, stockholders, members, representatives, subsidiaries, insurers, and affiliates of the foregoing persons or entities.
"Released Parties" means Plaintiff and the Class Members; their predecessors, successors, heirs, assignors, and assignees; and any past and present affiliates, officers, employees, attorneys, agents, consultants, servants, stockholders, members, representatives, subsidiaries, and affiliates of such persons or entities.