1 Gurbir S. Grewal Attorney General of New
GURBIR S. GREWAL ATTORNEY GENERAL OF NEW JERSEY Division of Law 124 Halsey Street - 5th Floor P.O. Box 45029 Newark, New Jersey 07101 Attorney for Plaintiffs By: Cathleen O’Donnell Deputy Attorney General (973) 648-4802 STATE OF NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY DIVISION OF CONSUMER AFFAIRS IN THE MATTER OF: Administrative Action PEAKS Trust 2009-1, et al. ASSURANCE OF VOLUNTARY COMPLIANCE This Assurance of Voluntary Compliance/Assurance of Voluntary Discontinuance (“Settlement” or “Assurance”) is entered into between the States of Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the District of Columbia (the “States” or individually, a “State”), acting through their respective Attorneys General, Departments of Justice, or Offices of Consumer Protection, on the one hand, and PEAKS Trust 2009-1 (“PEAKS”), a Delaware statutory trust, 1 Deutsche Bank National Trust Company (“DBNTC”), solely in its capacity as lender trustee of PEAKS, Deutsche Bank Trust Company Delaware (“DBTCD”), solely in its capacity as owner trustee of PEAKS, and Deutsche Bank Trust Company Americas (“DBTCA”) solely in its capacity as indenture trustee and collateral agent of PEAKS (collectively “Defendants,” as defined below), on the other hand (the States and Defendants are, together, the “Parties”). The Parties hereby agree to this Settlement pursuant to the States’ respective laws to settle the States’ concerns that the conduct of PEAKS may have violated the States’ consumer protection laws relating to unfair and deceptive business acts and practices.1 The Parties have agreed to execute this Assurance for the purposes of settlement only.
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