Common use of How Much Will Clause in Contracts

How Much Will. My Payment Be? Your share of the Net Settlement Fund will depend on several factors, including: (i) how many Osiris securities you purchased or sold during the Class Period, and the dates and prices of those purchases and sales; (ii) the number of timely and valid claims submitted by other Class Members, and the purchases and sales of Osiris securities represented by those claims; (iii) the amount of administrative costs, including the costs of notice; and (iv) the amount awarded by the Court to Lead Counsel and Liaison Counsel for attorneys’ fees, costs, and expenses and to Lead Plaintiff. The Settlement Administrator will determine each Class Member’s pro rata share of the Net Settlement Fund based upon each Class Member’s valid “Recognized Loss.” The Recognized Loss formula is the basis upon which the Net Settlement Fund will be proportionately allocated to the Class Members with valid claims (“Authorized Claimants”). The Recognized Loss formula is not intended to be an estimate of the amount that a Class Member might have been able to recover after a trial; it also is not an estimate of the amount that will be paid to Authorized Claimants pursuant to the Settlement. You can calculate your Recognized Loss by following the instructions in the Plan of Allocation at page [ ] of this Notice. It is unlikely that you will get a payment for all of your Recognized Loss. After all Class Members have sent in their Proof of Claim and Release forms, the payment you get will be a part of the Net Settlement Fund equal to your Recognized Loss divided by the total of everyone’s Recognized Losses. HOW YOU OBTAIN A PAYMENT

How Much Will. My Payment Distribution Be? Your share The amount, if any, that will be allocated to you will be based upon records maintained by your employer’s 401(k) plan’s record keeper and your Former Participant Claim Form. Calculations regarding the individual distributions will be performed by the Settlement Administrator, whose determinations will be final and binding, pursuant to the Court-approved Plan of Allocation. To be eligible for a distribution from the Net Settlement Fund will depend on several factorsAmount, includingyou must either be: (i1) how many Osiris securities you purchased or sold during a member of the Class Periodor one of the Subclasses, as defined in Section II above, who submitted a complete and the dates and prices of those purchases and sales; (ii) the number of timely and valid claims submitted by other Class Members, and the purchases and sales of Osiris securities represented by those claims; (iii) the amount of administrative costs, including the costs of notice; and (iv) the amount awarded satisfactory Claim Form by the deadline; or (2) a beneficiary, alternate payee, or attorney-in-fact of persons identified in (1) or (2). Under the proposed Plan of Allocation, the Net Settlement Amount will be divided among all Class Members based upon the underperformance, if any, of each Class Member’s JPMorgan stable value investment compared to the Xxxxxx/Barclays Intermediate Aggregate Index. At the Fairness Hearing, the Court will be asked to Lead Counsel and Liaison Counsel for attorneys’ feesapprove this calculation process as part of the Plan of Allocation. To make this allocation, costs, and expenses and to Lead Plaintiff. The the Settlement Administrator will determine the total dollar amount by which each Class Member’s pro rata share individual investment in the JPMorgan stable value funds underperformed the Benchmark during the relevant time period (the “Individual Underperformance Amount”). The specific method for calculating these amounts is detailed in the Settlement Agreement’s Plan of Allocation. The sum of all Individual Underperformance Amounts is defined to be the Net Settlement Fund based upon “Total Underperformance Amount.” Once the Underperformance Amounts have been calculated, each Class Member’s valid “Recognized Loss.” The Recognized Loss formula is the basis upon which payment will be calculated by multiplying the Net Settlement Fund Amount by the ratio of that Class Member’s Individual Underperformance Amount to the Total Underperformance Amount. This will allow each individual Class Member to receive an allocation from the Net Settlement Amount proportional to the underperformance of his or her stable value investment compared with the underperformance of other Class Members’ investments (all other things being equal). Plan of Allocation examples are available on the website, xxx.xxxxxxxxxxxxxxxxx.xxx. Class Counsel and the Settlement Administrator must review information from your 401(k) plan account to determine whether your investments in JPMorgan stable value funds underperformed as compared to the Benchmark. Any information Class Counsel obtains will be proportionately allocated to treated confidentially under the Class Members with valid claims (“Authorized Claimants”). The Recognized Loss formula is not intended to Protective Order entered by the Court in this Action and will be an estimate used solely for purposes of the amount that determining if you are a Class Member might have been able entitled to recover after a trial; it also is not an estimate payment under the terms of the amount that will be paid to Authorized Claimants pursuant to the Settlement. You can calculate your Recognized Loss by following the instructions in the Plan of Allocation at page [ ] of this Notice. It is unlikely that you will get a payment for all of your Recognized Loss. After all Class Members have sent in their Proof of Claim and Release forms, the payment you get will be a part of the Net Settlement Fund equal to your Recognized Loss divided by the total of everyone’s Recognized Losses. HOW YOU OBTAIN A PAYMENT.

How Much Will. My Payment BeMY PAYMENT BE? Your share (if any) of the Net Settlement Fund, net of the fees and expenses described above, will depend on your alleged loss, compared to other Settlement Class members’ alleged losses, related to Plan investments in the Avon Stock Fund at any time since July 31, 2006. Each Settlement Class member’s share will be calculated according to a Court-approved Plan of Allocation. You are not responsible for calculating the amount you may be entitled to receive under the Settlement, or for providing the information needed to perform such calculations. In general, your proportionate share of the Settlement will be calculated as follows:  Each Settlement Class member’s “Net Loss” will be calculated. For each Settlement Class member, his or her Net Loss will be equal to: (a) the dollar value, if any, of his or her account balance in the Avon Stock Fund on the first day of the Settlement Class Period (July 31, 2006); plus (b) the dollar value, if any, of all purchases of interests in the Avon Stock Fund for his or her account during the Class Period, as of the time of purchase(s); minus (c) the dollar value, if any, of all dispositions of interests in the Avon Stock Fund in his or her account during the Class Period, as of the time of the disposition(s); minus (d) the dollar value of the balance in the Avon Stock Fund remaining in his or her account on the close of business on February 29, 2016.  All Net Losses will be aggregated to yield the total loss over the Plan of Allocation and each Settlement Class member’s percentage of that total loss will be calculated.  Applying that percentage to the Settlement proceeds (net of fees and expenses as described above), the Settlement Administrator will calculate each Settlement Class member’s share of those proceeds on a preliminary basis.  All participants whose preliminary share is greater than zero but less than or equal to twenty-five dollars ($25.00) will be deemed to have a final share equal to zero dollars. The Settlement Administrator will then recalculate the net loss percentage of those Settlement Class members whose preliminary share was greater than $25.00, to arrive at each such Settlement Class member’s final share. Do not worry if you do not have records that show your Plan activity. The Plan has records of participants’ activity which will be used for calculations. If you are entitled to a share of the Net Settlement Fund Fund, you will depend on several factors, including: (i) how many Osiris securities receive a statement showing your share. If you purchased or sold during have questions regarding the Class Period, and the dates and prices of those purchases and sales; (ii) the number of timely and valid claims submitted by other Class Members, and the purchases and sales of Osiris securities represented by those claims; (iii) the amount of administrative costs, including the costs of notice; and (iv) the amount awarded by the Court to Lead Counsel and Liaison Counsel for attorneys’ fees, costs, and expenses and to Lead Plaintiff. The Settlement Administrator will determine each Class Member’s pro rata share allocation of the Net Settlement Fund based upon each proceeds, please contact Class Member’s valid “Recognized LossCounsel listed on Page 2 above.” The Recognized Loss formula is the basis upon which the Net Settlement Fund will be proportionately allocated to the Class Members with valid claims (“Authorized Claimants”). The Recognized Loss formula is not intended to be an estimate of the amount that a Class Member might have been able to recover after a trial; it also is not an estimate of the amount that will be paid to Authorized Claimants pursuant to the Settlement. You can calculate your Recognized Loss by following the instructions in the Plan of Allocation at page [ ] of this Notice. It is unlikely that you will get a payment for all of your Recognized Loss. After all Class Members have sent in their Proof of Claim and Release forms, the payment you get will be a part of the Net Settlement Fund equal to your Recognized Loss divided by the total of everyone’s Recognized Losses. HOW YOU OBTAIN A PAYMENT

How Much Will. My Payment Be? Your share of the Net Settlement Fund will depend on several factors, including: (i) how many Osiris securities the number of valid claim forms that Settlement Class Members send in and the number of shares of Terex common stock you purchased or sold acquired during the relevant period and when you bought and whether you sold them. As discussed above in answer to Question 2, Plaintiffs contend that, during the Settlement Class Period, Defendants misrepresented and/or failed to disclose certain important facts about Terex’s business. Plaintiffs assert that, as a result, the price of Terex common stock was “artificially inflated” during the Settlement Class Period and that Settlement Class Members paid more for Terex common stock than they would have if the dates and prices truth were known. The Plan of those purchases and sales; (ii) the number of timely and valid claims submitted by other Class Members, and the Allocation described below is based on this damage theory as well as U.S. Supreme Court decisions that limit recovery for certain purchases and sales during the Settlement Class Period. WHAT IS THE PROPOSED PLAN OF ALLOCATION? The objective of Osiris the Plan of Allocation is to equitably distribute the Net Settlement Fund among Settlement Class Members based on their respective alleged economic losses resulting from the securities represented by those claims; (iii) law violations alleged in the amount of administrative costs, including the costs of notice; and (iv) the amount awarded by the Court to Lead Counsel and Liaison Counsel for attorneys’ fees, costs, and expenses and to Lead PlaintiffLitigation. The Settlement Claims Administrator will shall determine each Settlement Class Member’s pro rata share of the Net Settlement Fund based upon each Class Member’s valid the recognized loss formula (the “Recognized Loss.” ”) described below. A Recognized Loss will be calculated for each share of Terex common stock purchased or otherwise acquired during the Settlement Class Period. The calculation of Recognized Loss will depend upon several factors, including when the Terex common stock was purchased or otherwise acquired and in what amounts, whether the shares were ever sold, and, if so, when they were sold and for what amounts. The Recognized Loss formula is not intended to estimate the amount a Settlement Class Member might have been able to recover after a trial, nor to estimate the amount that will be paid to Settlement Class Members pursuant to the Settlement. The Recognized Loss is the basis upon which the Net Settlement Fund will be proportionately allocated to Settlement Class Members. Your share of the Net Settlement Fund will depend on the number of valid Proofs of Claim that Settlement Class Members with valid claims (“Authorized Claimants”)send in and how many shares of Terex common stock you purchased or otherwise acquired during the Settlement Class Period, and whether you sold any of those shares and when you sold them. The Recognized Loss formula is not intended to be an estimate calculation of the amount that a Class Member might have been able to recover after a trial; it also claims below is not an estimate of the amount that you will be paid to Authorized Claimants pursuant to the Settlement. You can calculate your Recognized Loss by following the instructions in the Plan of Allocation at page [ ] of this Noticereceive. It is unlikely that you will get a payment formula for all of your Recognized Loss. After all Class Members have sent in their Proof of Claim and Release forms, the payment you get will be a part of allocating the Net Settlement Fund equal to your Recognized Loss divided by among all Authorized Claimants. The allocation below is based on the total following inflation per share amounts for Settlement Class Period common stock purchases, acquisitions and sales as well as the statutory PSLRA 90 day-look back amount of everyone’s Recognized Losses$10.89. HOW YOU OBTAIN A PAYMENTFurthermore, if any of the formulas set forth below yield an amount less than $0.00 the claim per share is $0.00.

How Much Will. My Payment Distribution Be? Your share The amount, if any, that will be allocated to you will be based upon records maintained by the Plan’s recordkeeper. Calculations regarding the individual distributions will be performed by the Settlement Administrator, whose determinations will be final and binding, pursuant to the Court approved Plan of Allocation. There are approximately 30,000 Class Members. To receive a distribution from the Net Settlement Fund Amount, you must either be a (1) “Current Participant,” (2) a “Former Participant,” or (3) a Beneficiary or Alternate Payee of a person identified in (1) or (2). The Net Settlement Amount will depend be divided pro rata among Class Members based on several factors, including: (i) how many Osiris securities you purchased or sold each eligible Class Member’s quarterly Balance invested in the Plan during the Class Period. For purposes of making this determination, the Balance shall be calculated based on the quarter-ending account balance for each Authorized Former Participant and Current Participant for each quarter during the dates and prices Class Period. If you are an Alternate Payee pursuant to a Qualified Domestic Relations Order, your portion of those purchases and sales; (ii) the number Settlement will be distributed pursuant to the terms of timely and valid claims submitted by other Class Members, and the purchases and sales of Osiris securities represented by those claims; (iii) that order. The Net Settlement Amount will also depend on the amount of administrative costsany Attorneys’ Fees and Costs, including the costs of notice; Administrative Expenses, and (iv) the amount Class Representative’s Compensation that are awarded by the Court to Lead Court, as these will be paid out of the Gross Settlement Amount of $1,200,000 (one million two-hundred thousand dollars). Class Counsel will file a motion for an award of Attorneys’ Fees and Liaison Counsel for attorneys’ feesCosts, costsAdministrative Expenses, and expenses and Class Representative’s Compensation at least 30 days prior to Lead Plaintiffthe objection deadline. The Settlement Administrator This motion will determine each be considered at the Fairness Hearing. Class Member’s pro rata share Counsel will limit their application for Attorneys’ Fees to not more than thirty-three percent (33%) of the Net Gross Settlement Fund based upon each Amount. Class Member’s valid “Recognized Loss.” The Recognized Loss formula is Counsel also will seek to recover all actual and anticipated litigation costs and administrative expenses associated with the basis upon which the Net Settlement Fund Settlement, up to $80,000 (eighty thousand dollars). In addition, Class Counsel will be proportionately allocated to seek compensation for the Class Members with valid claims Representative of no more than $5,000 (“Authorized Claimants”five thousand dollars). The Recognized Loss formula is not intended to be an estimate of Court will determine the amount that a of Attorneys’ Fees and Costs, Administrative Expenses, and Class Member might have been able to recover after a trial; it also is not an estimate of the amount Representative’s Compensation that will be paid to Authorized Claimants pursuant to the Settlementawarded, if any. You can calculate your Recognized Loss by following the instructions All papers filed in the Plan of Allocation at page [ ] of this Notice. It is unlikely that you will get a payment action, including Class Counsel’s motion for all of your Recognized Loss. After all Attorneys’ Fees and Costs, Administrative Expenses, and Class Members have sent in their Proof of Claim and Release formsRepresentative’s Compensation, the payment you get will be a part of available for review via the Net Settlement Fund equal Public Access to your Recognized Loss divided by the total of everyone’s Recognized Losses. HOW YOU OBTAIN A PAYMENTCourt Electronic Records System (PACER), available online at xxxx://xxx.xxxxx.xxx.