Class Counsel and Defendants. Counsel shall within ten (10) business days after the date of termination of the Agreement jointly notify the Financial Institution in writing to return to the Company, or its designee, the full amount contained in the Settlement Fund, with all interest and income earned thereon, after deduction of any amounts earlier disbursed and/or incurred by the Settlement Fund as of the termination, and direct the Financial Institution to effect such return within fourteen (14) calendar days after such notification. Prior to the return of amounts contemplated by this Section 9.5(b), the Financial Institution shall fully and finally fulfill and set aside for any and all tax obligations of the Settlement Fund as set forth in Section 4.1(i) and the Company shall have no past, present, or future liability whatsoever for any such tax obligations.
Class Counsel and Defendants counsel shall request that the Court hold a Final Approval Hearing after notice is completed and at least 35 days after the Opt Out Deadline and grant Final Approval of the settlement set forth herein.
Class Counsel and Defendants counsel shall have the right to contact persons who submit requests for exclusion from the Settlement Classes. Within five (5) business days of the closing of the Opt-Out Period, the Settlement Administrator shall provide Class Counsel and Defendants’ counsel, by electronic mail, facsimile, and/or hand delivery, with a list identifying each person who has submitted a timely and valid request to be excluded from the Settlement Class(es) in accordance with the terms of this Agreement and the Preliminary Approval Order and attaching copies of all requests for exclusion.
Class Counsel and Defendants. Counsel shall within five (5) business days after the date of termination of the Settlement Agreement jointly notify the Financial Institution in writing to return within five (5) business days to Merck & Co., Inc. and/or Schering-Plough’s insurer(s) the amount they each contributed to the Settlement Fund, with all net income earned thereon, after deduction of the expenses earlier charged by the Settlement Administrator, including but not limited to the expenses of Class Notice. Prior to the return of amounts contemplated by this Section, the Settlement Administrator shall fully and finally fulfill any tax obligations of the Settlement Fund as set forth in Section 10.1.5.
Class Counsel and Defendants. Counsel shall have the right to respond to any objection no later than seven (7) calendar days prior to the Final Approval Hearing. The Party so responding shall file a copy of the response with the Court, and shall serve a copy, by regular mail, hand, or overnight delivery, to the objecting Class Member or to the individually hired attorney for the objecting Class Member, to Class Counsel, and to Defendants’ Counsel.
Class Counsel and Defendants. Counsel, subject to ethical obligations owed their respective clients, agree to cooperate and use reasonable efforts to respond to reasonable inquiries relating to the approval of this Settlement Agreement from the United States Department of Justice or any state attorney general. Class Counsel and Defendants’ Counsel agree that they shall notify each other if they receive any such inquiries and will provide a copy of the inquiry and their response to each other.
Class Counsel and Defendants. Counsel shall within five (5) business days after the date of termination of the Settlement Agreement jointly notify the Financial Institution in writing to return within five (5) business days to Aon Corporation the amount contributed by it to the Settlement Fund, with all net income earned thereon, after deduction of the amount disbursed or incurred for any necessary taxes and expenses set forth in Section 7.1.4. Prior to the return of amounts contemplated by this Section 13.2.1, the Financial Institution shall fully and finally fulfill any tax obligations of the Settlement Fund as set forth in Section 7.1.4.
Class Counsel and Defendants. Counsel agree to stay all proceedings, other than those proceedings necessary to carry out or enforce the terms and conditions of the settlement, until the Effective Date of the settlement has occurred. If, despite the Parties’ best efforts, this Agreement should fail to become effective, the Parties will return to their prior positions in the Action, in accordance with Section 11 of this Agreement.
Class Counsel and Defendants. Counsel shall, within ten (10) days after the date of termination of the Agreement, jointly notify the Escrow Agent (either directly or through the Settlement Administrator) in writing to return to Defendants or their insurers the full amount contained in the Settlement Fund, with all net income earned thereon, after deduction of any amounts earlier disbursed for purposes of administering the Settlement and/or incurred by the Settlement Fund as of the termination, and direct the Escrow Agent to effect such return within fourteen (14) days after such notification. Prior to the return of amounts contemplated by this Section 8.3(b), the Escrow Agent shall fully and finally fulfill and set aside for any and all tax obligations of the Settlement Fund as set forth in Section 3.1(i) and Defendants and their insurers shall have no past, present, or future liability whatsoever for any such tax obligations.
Class Counsel and Defendants. Counsel do not intend for this Settlement Agreement to constitute legal advice relating to the tax liability of any Eligible Class Member. To the extent that this Settlement Agreement, or any of its attachments, is interpreted to contain or constitute advice regarding any federal, state or local tax issue, such advice is not intended or written to be used, and cannot be used, by any person for the purpose of avoiding any tax liability or penalties.
