Fair Settlement Sample Clauses

Fair Settlement. The Parties and their respective counsel believe and warrant that this Agreement reflects a fair, reasonable, and adequate settlement of the Action and have arrived at this Agreement through arms- length negotiations, taking into account all relevant factors, current and potential.
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Fair Settlement. The Parties and their respective counsel believe and warrant that this Agreement reflects a fair, reasonable, and adequate settlement of the Action and have arrived at this Agreement through arm’s length negotiations, taking into account all relevant factors, current and potential. In addition, Mediator Xxxx Xxxxx may, at his discretion, execute a declaration supporting the Settlement and the reasonableness of this Settlement, and the Superior Court may, in its discretion, contact Xx. Xxxxx to discuss the Settlement and whether or not the Settlement is fair and reasonable.
Sample 1
Fair Settlement. Plaintiffs and Plaintiffs’ Counsel, based on their own independent investigations and evaluations, have examined the benefits to be obtained under the terms of this Settlement Agreement and have considered the claims of Plaintiffs, the claims of the average Settlement Class Member, the risks associated with the continued prosecution of the Actions, and the likelihood of success on the merits of the Actions. Plaintiffs and Plaintiffs’ Counsel recognize and acknowledge the significant expense, length, difficulty, and uncertainty of continued proceedings necessary to prosecute the Actions against Defendants through trial and appeals. Plaintiffs and Plaintiffs’ Counsel have also considered the uncertain outcome and the risk of continued litigation, especially in complex litigation such as the Action, as well as the difficulties and delays inherent in any such litigation. Plaintiffs and Plaintiffs’ Counsel believe that, after considering all the circumstances, the proposed Settlement set forth in this Agreement is a just, fair, reasonable, and favorable recovery in the best interests of the Settlement Class and confers substantial benefits upon the Settlement Class.
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Fair Settlement. Plaintiff, Defendant, Class Counsel, and Defense Counsel believe that this Settlement Agreement reflects a fair, reasonable, and adequate settlement of the Settled Lawsuits and have arrived at this Agreement through arms’ length negotiation, taking into account all relevant factors, current and potential, and is consistent with public policy, and fully complies with applicable provisions of law.
Sample 1
Fair Settlement. Settlement Class Representative, Defendant, Settlement Class 15 Counsel, and Defendant’s counsel believe that this Settlement reflects a fair, reasonable, and 16 adequate settlement of the Action and have arrived at this Settlement through arm’s-length 17 negotiations, taking into account all relevant factors, current and potential, and is consistent with 18 public policy, and fully complies with applicable provisions of law. 19 AGREED TO AND ACCEPTED: 20 XXXXXX XXXXXXXX 22 Dated:7/7/2022 | 2:46 PM PDT 24 25 By: XXXXXX XXXXXXXX Settlement Class Representative PROVEN STAFFING CONSULTANTS, LLC Dated: By: 26 Its: 1 are for the sole benefit of the Parties under this Settlement, and shall not be construed to confer any 2 right or to avail any remedy to any other person.
Sample 1
Fair Settlement. The Parties, Class Counsel and Defense Counsel believe and warrant that this Agreement reflects a fair, reasonable, and adequate settlement of the Action and have arrived at this Agreement through arms-length negotiations, taking into account all relevant factors, both current and potential. IT IS SO AGREED. Xxxxx Xxxxxxx Plaintiff By: Xxxx Xxxxxx, CEO Defendant Bear Valley Community Healthcare District 2/21/2023 Date Date February 27, 2023 DocuSign Envelope ID: 86E7C5F1-3A6A-43ED-9F42-1F4768971F43 EXHIBIT A [COURT APPROVED NOTICE OF CLASS ACTION SETTLEMENT AND HEARING DATE FOR FINAL COURT APPROVAL] COURT APPROVED NOTICE OF CLASS ACTION SETTLEMENT AND HEARING DATE FOR FINAL COURT APPROVAL Xxxxxxx v. Bear Valley Community Healthcare District [U.S. District Court, Central District of California, Case No. 5:21-cv-01270-SPG-SHKx] The U.S. District Court, Central District of California authorized this Notice. Read it carefully! It’s not junk mail, spam, an advertisement, or solicitation by a lawyer. You are not being sued. You may be eligible to receive money from an employee class action lawsuit (“Action”) against Bear Valley Community Healthcare District (“Bear Valley”) for alleged wage and hour violations. The Action was filed by a former Bear Valley employee Xxxxx Xxxxxxx (“Plaintiff”) and seeks payment of (1) alleged unpaid wages, statutory penalties, interest, and attorneys’ fees and costs for a class of all non-exempt or hourly-paid employees (“Class Members”) who worked for Bear Valley during the Class Period (July 29, 2018 to ); and (2) civil penalties under the California Private Attorney General Act (“PAGA”) for all non-exempt employees who worked for Bear Valley during the PAGA Period (July 29, 2020 to ) (“Aggrieved Employees”). The proposed Settlement has two main parts: (1) a Class Settlement requiring Bear Valley to fund Individual Settlement Payments, and (2) a PAGA Settlement requiring Bear Valley to fund Individual PAGA Payments and pay penalties to the California Labor and Workforce Development Agency(“LWDA”). $ . $ Based on Bear Valley’s records, your Individual Settlement Payment is estimated to be (less withholding) and your Individual PAGA Payment is estimated to be The actual amount you may receive likely will be different and will depend on a number of factors. (If no amount is stated for your Individual PAGA Payment, then according to Bear Valley’s records you are not eligible for an Individual PAGA Payment under the Settlement because...
Sample 1
Fair Settlement. Subject to the confirmatory discovery discussion raised above, the Parties and their respective counsel believe and warrant that this Settlement reflects a fair, reasonable, and adequate settlement of the Action and have arrived at this Settlement through arms-length negotiations, taking into account all relevant factors, current and potential.
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Fair Settlement. Plaintiffs, Settling Defendants, and their respective counsel believe and warrant that this Agreement reflects a fair, reasonable, and adequate settlement of the claims against Settling Defendants and have arrived at this Agreement through arms-length negotiations, taking into account all relevant factors, current and potential.
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Fair Settlement. Settlement Class Representative, Defendant, Settlement Class 15 Counsel, and Defen counsel believe that this Settlement reflects a fair, reasonable, and 16 adequate -length 17 negotiations, taking into account all relevant factors, current and potential, and is consistent with 18 public policy, and fully complies with applicable provisions of law. 19 AGREED TO AND ACCEPTED: 20 XXXXXX XXXXXXXX 21 By: 22 Dated: 23 25 XXXXXX XXXXXXXX Settlement Class Representative PROVEN STAFFING CONSULTANTS, LLC Dated: By: 26 Its: DocuSign Envelope ID: 2860045C-CB3E-4F32-8D3B-E9EB6D818914 1 APPROVED AS TO FORM. 2 4 Dated:7/7/2022 | 1:14 PM PDT 7 8 9 Dated:7/7/2022 | 3:47 PM PDT 11 12 XXXXXXXX & XXXXXXX, P.C. By: Xxxxx Xxxxxxxxx Avi Kreitenberg Settlement Class Counsel LAW OFFICES OF XXXXXXX XXXXXXXXX, P.C. By: Xxxxxxx Xxxxxxxxx Settlement Class Counsel XXXXXX XXXXXX KOSMO LLP 13 Dated: 14 18 19 20 21 22 23 24 25 26 07/07/2022 By: Xxxxx X. Xxx Xxxxxx X. Xxxxxxx Attorneys for Defendant DocuSign Envelope ID: 2860045C-CB3E-4F32-8D3B-E9EB6D818914
Sample 1

Related to Fair Settlement

  • PAYMENT AND SETTLEMENT You shall deliver to the Manager on the date and at the place and time specified in the applicable AAU (or on such later date and at such place and time as may be specified by the Manager in a subsequent Wire) the funds specified in the applicable AAU, payable to the order of Xxxxxxx Xxxxx Xxxxxx Inc., for (i) an amount equal to the Offering Price plus (if not included in the Offering Price) accrued interest, amortization of original issue discount or dividends, if any, specified in the Prospectus or Offering Circular, less the applicable Selling Concession in respect of the Firm Securities to be purchased by you, (ii) an amount equal to the Offering Price plus (if not included in the Offering Price) accrued interest, amortization of original issue discount or dividends, if any, specified in the Prospectus or Offering Circular, less the applicable Selling Concession in respect of such of the Firm Securities to be purchased by you as shall have been retained by or released to you for direct sale as contemplated by Section 3.6 hereof or (iii) the amount set forth or indicated in the applicable AAU, as the Manager shall advise. You shall make similar payment as the Manager may direct for Additional Securities, if any, to be purchased by you on the date specified by the Manager for such payment. The Manager will make payment to the Issuer or Seller against delivery to the Manager for your account of the Securities to be purchased by you, and the Manager will deliver to you the Securities paid for by you which shall have been retained by or released to you for direct sale. If the Manager determines that transactions in the Securities are to be settled through the facilities of DTC or other clearinghouse facility, payment for and delivery of Securities purchased by you shall be made through such facilities, if you are a member, or, if you are not a member, settlement shall be made through your ordinary correspondent who is a member.

  • Loss Settlement We will pay up to the limit of insurance shown in the Declarations for this Fashion and Jewelry Coverage. Payment for covered loss or damage will first be made under your Fashion and Jewelry Coverage limit. Payment for any excess loss for this category of property may then be made from Blanket coverage.

  • Termination Settlement Upon the occurrence of any Acceleration Event, Dealer shall have the right to designate, upon at least one Scheduled Trading Day’s notice, any Scheduled Trading Day following such occurrence to be a Settlement Date hereunder (a “Termination Settlement Date”) to which Physical Settlement shall apply, and to select the number of Settlement Shares relating to such Termination Settlement Date; provided that (i) in the case of an Acceleration Event arising out of an Ownership Event, the number of Settlement Shares so designated by Dealer shall not exceed the number of Shares necessary to reduce the Share Amount to reasonably below the Post-Effective Limit and (ii) in the case of an Acceleration Event arising out of a Stock Borrow Event, the number of Settlement Shares so designated by Dealer shall not exceed the number of Shares as to which such Stock Borrow Event exists. If, upon designation of a Termination Settlement Date by Dealer pursuant to the preceding sentence, Counterparty fails to deliver the Settlement Shares relating to such Termination Settlement Date when due or otherwise fails to perform obligations within its control in respect of this Transaction, it shall be an Event of Default with respect to Counterparty and Section 6 of the Agreement shall apply. If an Acceleration Event occurs during an Unwind Period relating to a number of Settlement Shares to which Cash Settlement or Net Share Settlement applies, then on the Termination Settlement Date relating to such Acceleration Event, notwithstanding any election to the contrary by Counterparty, Cash Settlement or Net Share Settlement shall apply to the portion of the Settlement Shares relating to such Unwind Period as to which Dealer has unwound its hedge (assuming that Dealer has a commercially reasonable hedge and unwinds its hedge in a commercially reasonable manner) and Physical Settlement shall apply in respect of (x) the remainder (if any) of such Settlement Shares and (y) the Settlement Shares designated by Dealer in respect of such Termination Settlement Date. If an Acceleration Event occurs after Counterparty has designated a Settlement Date to which Physical Settlement applies but before the relevant Settlement Shares have been delivered to Dealer, then Dealer shall have the right to cancel such Settlement Date and designate a Termination Settlement Date in respect of such Shares pursuant to the first sentence hereof. Notwithstanding the foregoing, in the case of a Nationalization or Merger Event, if at the time of the related Relevant Settlement Date the Shares have changed into cash or any other property or the right to receive cash or any other property, the Calculation Agent shall adjust the nature of the Shares as it determines appropriate to account for such change such that the nature of the Shares is consistent with what shareholders receive in such event. If Dealer designates a Termination Settlement Date as a result of an Acceleration Event caused by an excess dividend of the type described in Paragraph 7(f)(ii), no adjustments(s) shall be made to the terms of this contract to account for the amount of such excess dividend.

  • Full and Final Settlement 21.1 This agreement is in full and final settlement of all Union or employee claims relating to employee rights and entitlements. Accordingly, the Union or employees shall not pursue any extra claims, nor take any industrial or protest action concerning any matter explicitly or implicitly dealt with in this agreement.

  • Full Settlement The Company's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced whether or not the Executive obtains other employment. The Company agrees to pay as incurred, to the full extent permitted by law, all legal fees and expenses which the Executive may reasonably incur as a result of any contest (regardless of the outcome thereof) by the Company, the Executive or others of the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof (including as a result of any contest by the Executive about the amount of any payment pursuant to this Agreement), plus in each case interest on any delayed payment at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Internal Revenue Code of 1986, as amended (the "Code").

  • Payment of Settlement Amount (1) Within thirty (30) days of the Date of Execution, the Settling Defendants shall pay the Settlement Amount to Siskinds LLP, for deposit into the Trust Account.