Settlement Agreement And Release Sec

1. This agreement is reached to settle SMC`s liability under antitrust law for certain conduct in a complaint to be filed by the United States pursuant to this agreement. If the conditions set out in this agreement are met, the authorizations described above are effective. 9. SMC hereshes out any rights it may have under that agreement or transaction agreements that, in accordance with the decision of the United States Supreme Court in the United States. Halper, 490 U.S. 435 (1989), or with respect to the purpose of this case or as part of another existing or future decision on this issue. (7) If, for whatever reason, the Court of Justice does not order that the amount covered in paragraph 6, point (a), falls in full or in part to the United States, the difference between the amount of the case under the titles of the Court of Justice and the amount set for the United States under paragraph 6, point a), is paid to the Treasurer of the United States, in accordance with the final judgment in title, in accordance with Section 20 (d) of The Act. 15 U.S.C No. 77t (d) and Section 21 (d) (3) of the Exchange Act, 15 U.S.C. The releases provided for in paragraph 3 will be taken into account in the payment of the additional civil penalty. 13. The parties have not entered into any additional agreements, commitments, agreements and/or conditions regarding the agreements mentioned in this agreement and none are concluded unless the parties have signed them in writing and signed by all parties.

3. In view of the amount SMC loses under the judgment of law and other agreements, the applicant SMC and its current and former officers, upon registration of the judgment of law, in the form attached to the Tribunal or in some other form that the Court may require, release the payment of civil forfeiture under paragraph 6, item (a), Employees, directors and subsidiaries, as well as any funds or accounts managed by SMC from any liability or criminal liability for a federal misdemeanor (a) committed prior to the date of this agreement and resulting from the purchase, sale, financing or trading of the U.S. Treasury Bills issued in April 1991 or the two U.S. Treasuries , which were spent in May 1991 (together). , “specified debt securities” or (b) of conduct known to the Department of Justice or the Securities and Exchange Commission (SEC) in connection with an investigation by the Department of Justice or the SEC regarding the purchase, sale, financing or trading of declared bonds or possible attempts to disrupt, deceive or undermine such an investigation; However, provided that this agreement does not apply to any violation of federal tax law, Title 26, U.S. Code. 4. The applicants and SMC recognize that the Court of Justice can only make a final judgment when the parties have passed the provisions of the Tunney Act, 15 U.S.C. The parties are doing everything in their power to comply with the tunney law procedures to ensure that the Court of Justice renders a final judgment as soon as possible, as it is attached to Schedule A.

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