Notice to Members of the Settlement Classes Sample Clauses

Notice to Members of the Settlement Classes. 119. Upon Preliminary Approval of the Settlement, at the direction of Settlement Class Counsel, the Settlement Administrator shall implement the Notice Program provided herein, using the forms of Notice approved by the Court in the Preliminary Approval Order. The Notice shall include, among other information: a description of the material terms of the Settlement; an explanation of the procedure and deadline for submitting Claim Forms; a date by which Members of the Settlement Classes may exclude themselves from or “opt out” of the Settlement Classes; a date by which Members of the Settlement Classes may object to the Settlement; the date, time, and location of the Final Approval Hearing; and the address of the Settlement Website at which Members of the Settlement Classes may access this Agreement, the Long- Form Notice, the Claim Form and other related documents and information. Settlement Class Counsel and TD Bank’s counsel shall insert the correct dates and deadlines in the Notice before the Notice Program commences, based upon those dates and deadlines set by the Court in the Preliminary Approval Order. Notices provided under or as part of the Notice Program shall not bear or include TD Bank’s logos or trademarks or the return address of TD Bank, or otherwise be styled to appear to originate from TD Bank.
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Notice to Members of the Settlement Classes. The Settlement Administrator will mail or otherwise disseminate, in accordance with the Preliminary Approval Order, at Ford’s expense, the Short Form Class Notice in substantially the same form as Exhibit 1, the Email Notice in substantially the same form as Exhibit 2, and post on a website established for purposes of this Settlement the Long Form Class Notice substantially in the same form as Exhibit 3. As soon as practicable after the preliminary approval of the Settlement, the Settlement Administrator will obtain the name and last known address of each potential member of the Settlement Classes. The last known address of potential Members of the Settlement Classes will be checked and updated via the National Change of Address database. Thereafter, the Settlement Administrator shall mail, or otherwise disseminate, in accordance with the Preliminary Approval Order, a copy of the Short Form Class Notice to each Member of a Settlement Class so identified. The Settlement Administrator shall use its best efforts to complete the mailing of the Short Form Class Notice to potential Members of the Settlement Classes within 75 days after the preliminary approval of the Proposed Settlement. If any Short Form Class Notice mailed or disseminated to any potential Member of the Settlement Classes is returned to the Settlement Administrator as undeliverable, then the Settlement Administrator shall perform a reasonable search for a more current name and/or address for the potential Member of the Settlement Classes and (provided that a more current name and/or address can be found through such a search) re-send the returned Short Form Class Notice to the potential Member of a Settlement Class. In the event that any Short Form Class Notice mailed to a potential Member of the Settlement Classes is returned as undeliverable a second time, then no further mailing shall be required. The Settlement Administrator will promptly log each Short Form Class Notice that is returned as undeliverable and provide copies of the log to Class Counsel. Within 30 days of the Effective Date of Settlement, the Settlement Administrator will mail or otherwise disseminate, at the expense of Class Counsel, a Software Update Notice informing Members of the Settlement Classes about the availability of updated MFT software pursuant to Section II.A.
Notice to Members of the Settlement Classes. Following preliminary approval, the members of the Settlement Classes (and not those who solely qualify as PAGA Employees) shall be notified as follows:

Related to Notice to Members of the Settlement Classes

  • Certification of the Settlement Class For purposes of this Settlement only, the Parties stipulate to the certification of the Settlement Class, which is contingent upon the Court entering the Final Approval Order and Judgment of this Settlement and the occurrence of the Effective Date.

  • NOTICE TO MEMBERS All notices to be given under the Agreement to the Members shall be given in writing and shall be deemed given: (i) when deposited in the mail to the address shown below of the Member entitled to receive notice, postage prepaid, registered or certified;

  • Notice to Class Members 8.4.1 No later than three (3) business days after receipt of the Class Data, the Administrator shall notify Class Counsel that the list has been received and state the number of Class Members, PAGA Members, Workweeks, and Pay Periods in the Class Data.

  • 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.

  • Communications by Holders with Other Holders Holders may communicate pursuant to TIA § 312(b) with other Holders with respect to their rights under this Indenture or the Notes. The Issuer, the Guarantors, the Trustee, the Registrar and anyone else shall have the protection of TIA § 312(c).

  • Purchase of the Units by the Underwriters On the basis of the representations, warranties and covenants contained in, and subject to the terms and conditions of, this Agreement, the Company agrees to sell 30,000,000 Firm Units to the several Underwriters, and each of the Underwriters, severally and not jointly, agrees to purchase the number of Firm Units set forth opposite that Underwriter’s name in Schedule I hereto. The respective purchase obligations of the Underwriters with respect to the Firm Units shall be rounded among the Underwriters to avoid fractional Units, as the Representatives may determine. In addition, the Company grants to the Underwriters the option (the “Over-Allotment Option”) to purchase up to 4,500,000 Additional Units. Such Over-Allotment Option is exercisable in the event that the Underwriters sell more units than the number of Firm Units in the Offering and as set forth in Section 4 hereof. Each Underwriter agrees, severally and not jointly, to purchase the number of Additional Units (subject to such adjustments to eliminate fractional Units as the Representatives may determine) that bears the same proportion to the total number of Additional Units to be sold on such Delivery Date as the number of Firm Units set forth in Schedule I hereto opposite the name of such Underwriter bears to the total number of Firm Units. The purchase price payable by the Underwriters for both the Firm Units and any Additional Units is $9.80 per Unit (the “Purchase Price”). The Company is not obligated to deliver any of the Firm Units or Additional Units to be delivered on the applicable Delivery Date, except upon payment for all such Units to be purchased on such Delivery Date as provided herein. In addition to the discount from the public offering price of the Units represented by the Purchase Price set forth above, the Company hereby agrees to pay to the Underwriters a deferred commission of $0.35 per Unit (including both Firm Units and Additional Units) purchased hereunder (the “Deferred Fee”), subject to Section 5(kk) herein. The Underwriters hereby agree that if no Business Combination is consummated within the time period provided in the Company’s Amended and Restated Certificate of Incorporation and the funds held under the Trust Agreement are distributed to the holders of the Public Shares (the “Public Stockholders”), (a) the Underwriters will forfeit any rights or claims to the Deferred Fee, and (b) the trustee under the Trust Agreement is authorized to distribute the Deferred Fee to the Public Stockholders on a pro rata basis. Notwithstanding anything to the contrary in this Agreement, at the sole and absolute discretion of the Company, a portion of the Deferred Fee up to $0.10 per Unit in the aggregate, or up to $3,000,000 (or $3,450,000 if the Underwriters’ Over-Allotment Option is exercised in full) in the aggregate, may be paid to third parties not participating in the Offering (but who are members of FINRA or regulated broker-dealers) that assist the Company in consummating its initial Business Combination.

  • Rollovers of Settlement Payments From Bankrupt Airlines If you are a qualified airline employee who has received a qualified airline settlement payment from a commercial airline carrier under the approval of an order of a federal bankruptcy court in a case filed after September 11, 2001, and before January 1, 2007, you are allowed to roll over any portion of the proceeds into your Xxxx XXX within 180 days after receipt of such amount, or by a later date if extended by federal law. For further detailed information and effective dates you may obtain IRS Publication 590-A, Contributions to Individual Retirement Arrangements (IRAs), from the IRS or refer to the IRS website at xxx.xxx.xxx.

  • Exculpation Among Investors Each Investor acknowledges that it is not relying upon any person, firm or corporation, other than the Company and its officers and directors, in making its investment or decision to invest in the Company. Each Investor agrees that no Investor nor the respective controlling persons, officers, directors, partners, agents, or employees of any Investor shall be liable to any other Investor for any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the Securities.

  • Settlement Class Certification 41. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 43, below; (2) Plaintiff shall represent the Class for settlement purposes and shall be the Class Representative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel.

  • Persons Having Access to Assets of the Fund (a) No trustee or agent of the Fund, and no officer, director, employee or agent of the Fund's investment adviser, of any sub-investment adviser of the Fund, or of the Fund's administrator, shall have physical access to the assets of the Fund held by the Custodian or be authorized or permitted to withdraw any investments of the Fund, nor shall the Custodian deliver any assets of the Fund to any such person. No officer, director, employee or agent of the Custodian who holds any similar position with the Fund's investment adviser, with any sub-investment adviser of the Fund or with the Fund's administrator shall have access to the assets of the Fund.

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