NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION Sample Clauses

NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION. TO: ANY AND ALL PERSONS OR ENTITIES WHO WERE RECORD HOLDERS OR BENEFICIAL OWNERS OF DEL MONTE COMMON STOCK AT ANY TIME BETWEEN AND INCLUDING NOVEMBER 25, 2010 AND MARCH 8, 2011 (REGARDLESS OF THE DATE OF PURCHASE OF DEL MONTE COMMON STOCK), AND ANY PERSON OR ENTITY ACTING FOR OR ON BEHALF OF, OR CLAIMING UNDER, ANY OF THEM, AND EACH OF THEM, EXCEPT FOR THOSE PERSONS AND ENTITIES EXCLUDED FROM THE SETTLEMENT CLASS DEFINED BELOW. PLEASE READ ALL OF THIS NOTICE CAREFULLY. YOUR RIGHTS WILL BE AFFECTED BY THE LEGAL PROCEEDINGS IN THIS ACTION. IF THE COURT APPROVES THE PROPOSED SETTLEMENT DESCRIBED BELOW, YOU WILL BE FOREVER BARRED FROM CONTESTING THE FAIRNESS OF THE PROPOSED SETTLEMENT, OR PURSUING THE RELEASED PLAINTIFFS’ CLAIMS (AS DEFINED HEREIN) AGAINST THE RELEASED DEFENDANT PARTIES (AS DEFINED HEREIN). IF YOU HELD DEL MONTE COMMON STOCK FOR THE BENEFIT OF OTHERS, READ THE SECTION BELOW ENTITLED “INSTRUCTIONS TO BROKERS AND OTHERS WHO HELD FOR THE BENEFIT OF OTHERS.”
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NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION. To: All individuals who purchased Neuriva® Products from January 1, 2019 to [Date of Preliminary Approval]. Products Include: Neuriva® Original, Plus, and De-Stress, all sizes. Your rights may be affected by this class action lawsuit and the proposed settlement of the lawsuit discussed in this court-authorized notice (“Proposed Settlement”). This Notice is to inform you of the conditional certification of a settlement class, the nature of the claims at issue, your right to participate in, or exclude yourself from, the class, and the effect of exercising your various options. You are not being sued.
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NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION. To: All individuals who purchased Prevagen® Products from January 1, 2007 to the [Date of Preliminary Approval].
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NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION. If you purchased or acquired (including through the exercise of warrants or options, or other form of issuance) common stock and/or call options, and/or sold put options of Spectrum Pharmaceuticals, Inc. (“Spectrum” or the “Company”) during the period from January 31, 2013 and September 16, 2016, both dates inclusive (the “Class Period”), you could get a payment from a class action settlement (the “Settlement”). Under law, a federal court has authorized this Notice. This is not attorney advertising. • If approved by the Court, the Settlement will provide two million nine hundred ninety five thousand dollars ($2,995,000) (the “Settlement Amount”) gross, plus interest as it accrues, minus attorneys’ fees, costs, administrative expenses, and net of any taxes on interest, to pay claims of investors who purchased Spectrum common stock and/or call options, and/or sold put options during the Class Period. • The Settlement represents an estimated average recovery of $0.05 per share of Spectrum for the approximately 59,400,000 shares outstanding at the end of the Class Period. This is not an estimate of the actual recovery per share you should expect. Your actual recovery will depend on the aggregate losses of all Settlement Class Members, the date(s) you purchased and sold Spectrum stock, and the total number of claims filed. • Attorneys for Lead Plaintiff (“Lead Counsel”) will ask the Court to award them fees of up to $998,333 (one-third of the Settlement Amount) plus interest, reimbursement of no more than $160,000 in litigation expenses, and an Award to Lead Plaintiffs not to exceed $5,000 each. If approved by the Court, these amounts (totaling an average of $0.02 per Spectrum common stock) will be paid from the Settlement Fund. • The average approximate recovery, after deduction of attorneys’ fees and interest and expenses approved by the Court, is $0.03 per outstanding share of Spectrum common stock. This estimate is based on the assumptions set forth in the preceding paragraphs. Your actual recovery, if any, will depend on the aggregate losses of all Settlement Class Members, the date(s) you purchased and sold Spectrum common stock, call options, or put options, the purchase and sales prices, and the total number and amount of claims filed. • The Settlement resolves the Action concerning whether Spectrum and certain of its officers and directors, Xxxxxx X. Xxxxxxxxx, Xxx X. Xxxxx, and Xxxxxx X. Xxxxxxx (collectively “Defendants”) violated federal securities ...
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NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION. If you purchased1 the publicly traded securities of Immunomedics, Inc. (“Immunomedics”) from May 2, 2016, through June 24, 2016, both dates inclusive (the “Settlement Class Period”), you could get a payment from a proposed class action settlement (the “Settlement”). Under law, a federal court has authorized this Notice. This is not attorney advertising. • If approved by the Court, the Settlement will provide four million dollars ($4,000,000) (the “Settlement Amount”) gross, plus interest as it accrues, minus attorneys’ fees, costs, administrative expenses, and net of any taxes on interest, to pay claims of investors who purchased Immunomedics securities during the Settlement Class Period (“Settlement Class Members”). • The Settlement represents an estimated average recovery of $.14 per damaged share for the approximately of 27.7 million damaged shares of Immunomedics common stock during the Settlement Class Period as estimated by Lead Plaintiff’s damages expert. This is not an estimate of the actual recovery per share you should expect. Your actual recovery will depend on the aggregate losses of all Settlement Class Members, the date(s) you purchased and sold Immunomedics common stock, and the total number of claims filed. Attorneys for Lead Plaintiff (“Lead Plaintiff’s Counsel”) will ask the Court to award them fees of up to $1,333,333.33 (one-third of the Settlement Amount) plus interest, reimbursement of no more than $180,000 litigation expenses, and an Award to Lead Plaintiff not to exceed $10,000. If approved by the Court, these amounts (totaling an average of $.05 per damaged shares of Immunomedics common stock) will be paid from the Settlement Fund. • The average approximate recovery, after deduction of attorneys’ fees and expenses approved by the Court, is $.09 per damaged share of Immunomedics common stock. This estimate is based on the assumptions set forth in the preceding paragraphs. Your actual recovery, if any, 1 The term “purchased” should be construed throughout this document to mean “purchased or otherwise acquired.” Similarly, any reference to “purchase” should be construed throughout this document to mean “purchase or acquisition.” will depend on the aggregate losses of all Settlement Class Members, the date(s) you purchased and sold Immunomedics common stock, the purchase and sales prices, and the total number and amount of claims filed. • The Settlement resolves the Action concerning whether Immunomedics and certain of its officers and...
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Related to NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION

  • Notice of Proposed Actions (a) In case the Company, after the Distribution Date, shall propose (i) to effect any of the transactions referred to in Section 11(a)(i) or to pay any dividend to the holders of record of its Preferred Stock payable in stock of any class or to make any other distribution to the holders of record of its Preferred Stock (other than a regular periodic cash dividend), or (ii) to offer to the holders of record of its Preferred Stock or options, warrants, or other rights to subscribe for or to purchase shares of Preferred Stock (including any security convertible into or exchangeable for Preferred Stock) or shares of stock of any other class or any other securities, options, warrants, convertible or exchangeable securities or other rights, or (iii) to effect any reclassification of its Preferred Stock or any recapitalization or reorganization of the Company, or (iv) to effect any consolidation or merger with or into, or to effect any sale or other transfer (or to permit one or more of its Subsidiaries to effect any sale or other transfer), in one or more transactions, of more than 50% of the assets or earning power of the Company and its Subsidiaries (taken as a whole) to, any other Person or Persons, or (v) to effect the liquidation, dissolution or winding up of the Company, then, in each such case, the Company shall give to each holder of record of a Right Certificate, in accordance with Section 26 hereof, notice of such proposed action, which shall specify the record date for the purposes of such transaction referred to in Section 11(a)(i), or such dividend or distribution, or the date on which such reclassification, recapitalization, reorganization, consolidation, merger, sale or transfer of assets, liquidation, dissolution or winding up is to take place and the record date for determining participation therein by the holders of record of Preferred Stock, if any such date is to be fixed, and such notice shall be so given in the case of any action covered by clause (i) or (ii) above at least 10 days prior to the record date for determining holders of record of the Preferred Stock for purposes of such action, and in the case of any such other action, at least 10 days prior to the date of the taking of such proposed action or the date of participation therein by the holders of record of Preferred Stock, whichever shall be the earlier.

  • Notice of Potential Claims The Contractor shall not be entitled to additional compensation or to extension of time for (1) any act or failure to act by the County Project Manager or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional.

  • Full Settlement; Resolution of Disputes (a) 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, except as provided in Section 6(a)(ii), such amounts shall not be reduced whether or not the Executive obtains other employment. The Company agrees to pay promptly 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 Code.

  • Settlement Class In the event of such dispute, the party raising the dispute shall be limited to seeking declaratory relief, and to no other form of relief. The declaratory relief available as to any such dispute shall be limited to deciding whether (y) the putative buying group is a properly organized bona fide buying group that complies with the requirements of this Paragraph, and/or (z) whether MasterCard negotiated in good faith with the putative buying group. The parties, including all members of the Rule 23(b)(2) Settlement Class, waive all rights to appeal from any such determinations. Upon resolution of the dispute by the Court, the losing party shall be responsible for all attorneys’ fees and expenses of the prevailing party unless the Court determines that the circumstances make such an award unjust.

  • Disagreement on Decision Should the parties disagree as to the meaning of the Board's decision, either party may apply to the Chairperson of the Board of Arbitration to reconvene the Board to clarify the decision, which it shall do within five (5) days.

  • Class Action Waiver THE PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.

  • Purchaser's Election to Commence Foreclosure Proceedings (a) In connection with any Mortgage Loan identified in a report under Section 2.01(a)(i)(B), the Purchaser may elect to instruct the Company to cause, to the extent that the Company as Master Servicer is granted such authority in the related Servicing Agreement, the related Servicer to proceed with the Commencement of Foreclosure as soon as practicable. Such election must be evidenced by written notice received by the Company by 5:00 p.m., New York City time, on the third Business Day following the delivery of such report under Section 2.01(a)(i).

  • Legal Action Notice A prompt report of any legal actions pending or threatened in writing against Borrower or any of its Subsidiaries that could result in damages or costs to Borrower or any of its Subsidiaries of, individually or in the aggregate, One Hundred Thousand Dollars ($100,000) or more; and

  • Notice of Legal Matter or Litigation Grantee will send notice to the Substance Use Disorder (SUD) email box, XxxxxxxxxXxxxx.Xxxxxxxxx@xxxx.xxxxx.xx.xx of any litigation or legal matter related to or affecting this Contract within seven (7) calendar days of becoming aware of the litigation or legal matter.

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