19,
20.
its Mississippi counsel to: (1) confirm the active duty military status of any defendant
through the Defense Manpower Data Center or future SCRA databases of record; and (2)
submit an affidavit or make other showing acceptable to the relevant court that the
defendant is not in active duty military service. The affidavit or other showing will
contain necessary facts to support the statement regarding active duty military service.
MONETARY ASSESSMENT
Within ten (10) business days of the effective date of this Assurance, the Bank shall pay a
total of three million and four hundred thousand dollars ($3,400,000.00) in consideration
Pursuant to this Assurance. Said payment shall be used by the Mississippi Attorney
General for purposes that may include, but are not limited to, attorneys’ fees, and other
costs of investigation, or to be placed in, or applied to, any consumer protection law
enforcement fund, including future consumer protection or privacy enforcement,
consumer education, litigation or local legal aid, legal access, or revolving fund, used to
defiay the costs of the inquiry leading hereto, or for other uses permitted by state law, at
the sole discretion of the Mississippi Attorney General. ‘The payment shall be made
Pursuant to written wire transfer instructions to be provided by the Mississippi Attorney
General on or by the eflective date of this Assurance.
RELEASE OF BANK OF AMERICA
‘The Parties agree that the execution of this Assurance constitutes a complete settlement
and release by the State of Mississippi of all the civil causes of action for damages, fines,
costs, restitution, injunction, penalties, and any other remedies of any nature whatsoever
that the State of Mississippi has or might have on or prior to the effective date of this
Assurance against the Bank and its agents, officers and employees, former officers and
Te