Confirmatory Discovery. As soon as practicable after entering into this agreement, Plaintiff will conduct reasonable, mutually agreeable confirmatory discovery regarding the size of the class. The Parties agree that this discovery shall be used for the sole purpose of settlement, and the information provided as part of this confirmatory discovery process will not be used for any other purpose.
Confirmatory Discovery. Defendants will provide Plaintiffs’ counsel in the Action with certain discovery to confirm the fairness and adequacy of the Settlement and the disclosures relating to the Public Exchange. This discovery shall consist of copies of the minutes of all meetings of the MedQuist Board and the Audit Committee of the MedQuist Board, and all Moelis financial presentations provided to the full Board and the Audit Committee with respect to the Exchange Offer, in each case during the following dates: November 19, 2010 through February 14, 2011. Plaintiffs’ counsel also shall be permitted to interview the Audit Committee’s independent counsel on terms agreed to by the parties, including those set forth in a February 28, 2011 email from Chet Kronenberg to Michael Wagner, and at a location, agreeable to Plaintiffs’ counsel, Defendants’ counsel and the Audit Committee’s independent counsel.
Confirmatory Discovery. Plaintiffs’ Counsel reserve the right to conduct such reasonable additional discovery (“Confirmatory Discovery”) as they deem appropriate and necessary and as agreed to by the Parties to confirm the fairness, adequacy and reasonableness of the terms of this Settlement. The Parties will attempt in good faith and use their best efforts to complete Confirmatory Discovery prior to the closing of the tender offer contemplated by the Proposed Transaction, or such other time as the Parties may agree. The Settlement contemplated herein is contingent on the satisfactory completion of Confirmatory Discovery by Plaintiffs’ Counsel.
Confirmatory Discovery. The Parties hereby agree that confirmatory discovery has been completed. The Class Representatives hereby agree that HAC and KCI have provided confirmatory discovery that is more than adequate to satisfy the Class Representatives.
Confirmatory Discovery. Following execution of the Memorandum, the Settling Plaintiffs and Settling Defendants will conduct such additional reasonable discovery, which will be completed within 120 days from execution of the Memorandum, as the Parties agree is necessary and appropriate to confirm the fairness, reasonableness and adequacy of the terms of the Settlement; provided, however, that such confirmatory discovery period may be extended by agreement of the Settling Parties if such extension is necessary to ensure that the Settlement is fair, reasonable and adequate.
Confirmatory Discovery. 2.4 The Settling Defendants have produced to Co-Lead Counsel all documents Motive produced to the SEC in connection with the SEC inquiry and/or investigation the Company announced on or about November 14, 2005. The Settling Defendants have also made available for interviews by Co-Lead Counsel Paul M. Baker, the former Chief Financial Officer of Motive, and Mike Fitzpatrick, the current Chief Financial Officer of Motive.