Proposed Settlement. Class Members who file a Claim Form must notify the Claims Administrator of any change of address. A failure to notify the Claims Administrator of a change of address may result in the forfeiture of a monetary award for compensatory damages. The Claims Administrator shall be available through the toll-free line to respond to requests from Proposed Settlement Class Members for assistance in completing and filing Claim Forms. Class Counsel shall also be available to consult with and provide assistance to Proposed Settlement Class Members who request assistance in completing their Claim Forms.
Proposed Settlement. Class Member objections to this Settlement Agreement must be submitted in writing, and must include a detailed description of the basis of the objection.
Proposed Settlement. Class Members may exclude themselves, or opt out, of the Settlement. Any Proposed Settlement Class Member who wants to opt out of the Settlement Class may file a timely request for exclusion pursuant to the provisions described in the Notice of Class Action Settlement. Such written request for exclusion must contain the name, address and telephone number of the person requesting exclusion. The opt-out must be personally signed by the Proposed Settlement Class Member who seeks to opt out. No opt-out request may be made on behalf of a group of Proposed Settlement Class Members. The request for exclusion must contain the statements described in the Notice of Class Action Settlement, and must be sent by mail or courier to the Claims Administrator so that it is actually postmarked (or received, if by courier) within thirty-five (35) calendar days after Notice was mailed by the Claims Administrator. The postmark date of the mailing envelope shall be the exclusive means used to determine whether a request mailed for exclusion (opt-out) has been timely submitted. Any person who timely submits such a request for exclusion shall be barred from participation in the Settlement, and shall receive no benefit from the Settlement. The Claims Administrator shall provide Class Counsel and Counsel for Novartis with a copy of all opt-out statements on a weekly basis.
Proposed Settlement. 32. After several days of mediation and subsequent detailed, arm’s-length settlement discussions over the course of several weeks, a tentative Settlement was reached by the Trustee, the Administrator, Xxxxx Xxxxxx, Xxxxxxxx, the Xxxxx Street Claimants, and MetLife. If approved by the Court, the Settlement would resolve a litany of complex disputes by and among the aforementioned parties arising out of the Ponzi Scheme. 20 The Trustee is currently aware of the Investor Lawsuits initiated by the following plaintiffs: Xxxxxx Xxxxxxxx Xxxxxxxx (17-CVS-5843 (Mecklenburg)); Xxxxx Xxxxxxxx (18-CVS-1050 (Union)); Xxxxxx Xxxxxxxx (18- CVS-528 (Lincoln)); Xxxx “Xxxx” Xxxxx, Xxxx Xxxxx, Xxxxx X. Xxxxxxxxxx, Xxxx Xxxxxx, and Xxxxxxx Xxx Xxxxxx (18-CVS-4978 (Guilford)); Xxxxxxxxx Xxxxxxxx (18-CVS-1124 (Union)); Xxxxx Xxxxxxxx and Xxxxxxx Xxx Xxxxxxxx (18-CVS-307 (Yadkin)); Xxxx Xxxxxx (18-CVS-12201 (Mecklenburg)); and Xxxxxx X. Xxxx (18-CVS-19512 (Mecklenburg)). On September 26, 2018, many (perhaps most) of the plaintiffs filed amended complaints in the Investor Lawsuits.
Proposed Settlement. 53 Purchaser......................................................................1
Proposed Settlement. A proposed settlement has been reached with all defendants in this action. If the proposed settlement is approved, the defendants will pay a total settlement amount of CAD $5,250,000 into a settlement fund. After deductions for administration expenses, class counsel fees and disbursements, and the amount owing to the Funder (see Section F below), the balance will be distributed to eligible Settlement Class members. If the proposed settlement is approved, the settlement will resolve the class action for all Settlement Class members as against the defendants and a full release of all claims in the class action will be granted to the defendants. The settlement represents a resolution of disputed claims and the defendants do not admit any wrongdoing or liability.
Proposed Settlement. In the event the Indemnitee desires to settle any third-party claim (whether or not contested by the Indemnitor), the Indemnitee shall advise the Indemnitor in writing of the amount it proposes to pay in settlement thereof (the "Proposed Settlement"). If such Proposed Settlement is unsatisfactory to the Indemnitor, it shall have the right, at its expense, to contest such claim by giving written notice of such election to the Indemnitee within fifteen (15) days after the Indemnitor's receipt of the advice of the Proposed Settlement. If the Indemnitor does not deliver such written notice within fifteen (15) days after receipt of such advice, or if the Indemnitor, after having given such notice to the Indemnitee, fails forthwith to defend, settle or pay such claim, the Indemnitee may offer the Proposed Settlement to the third party making such claim. If the Proposed Settlement is not accepted by the party making such claim, any new Proposed Settlement figure which the Indemnitee may wish to present to the party making such claim shall first be presented to the Indemnitor who shall have the right, subject to the conditions herein above set forth in this Section 12.5.2, to contest such claim. In all such events, the Indemnitor shall indemnify the Indemnitee and hold it harmless against and from any and all costs of defense, payment or settlement, including reasonable attorneys' fees incurred in connection therewith. 12.5.3
Proposed Settlement. The parties to the Actions have agreed to settle the Actions on behalf of the Class for C$9,000,000 plus accrued interest (the “Settlement”). The Settlement will constitute a full and final resolution by Class members against the Defendants and others of all claims and causes of action raised, or which could have been raised, in the Actions and encompassed in the Stipulation and Settlement Agreement dated as of March 30, 2007, as amended as of August 31, 2007 (the “Stipulation”). A copy of the Stipulation may be reviewed at xxx.xxxxxxxxxxxxx.xx or obtained by mail from the Claims Administrator by writing to the addresses listed below. For purposes of the Settlement only, the U.S. Court and the Canadian Court have respectively certified the U.S. Action and the Canadian Action as class actions on behalf of defined classes of shareholders. The Class described above represents the combined classes certified by the Courts for purposes of this Settlement only. Please note that there are persons specifically excluded from the Class. Those Excluded Persons are specifically identified in the Stipulation and the Notice of Pendency and Certification of Class Actions, Proposed Settlement and Settlement Approval/Fairness Hearings (the "Long Form Notice"), which you can obtain by following the instructions at the end of this notice.
Proposed Settlement. The parties may potentially disagree about whether or not to accept a settlement offer, or whether to make a particular settlement offer. In the event there is a disagreement in relation to settlement, clauses 8.5 to 8.9 of the LFA provide for a dispute resolution mechanism by way of referral to Counsel for determination. Counsel must also review and approve any proposed settlement where proceedings haven’t been commenced. In relation to class actions in which proceedings have been commenced, further protection is afforded to class members as the Court is required to approve any proposed settlement. • Termination of the funding agreement. Clauses 10.2, 10.3, 10.4 and 10.5 of the LFA provides that LLS may terminate its obligations under the LFA, with notice, but LLS remains liable to indemnify you in respect of any adverse costs that are incurred up to the date of termination. You are also entitled to terminate the LFA in certain circumstances as outlined in clause 10.23 and 10.7 of the attached LFA. • Recruitment of members to a class action. LLS is obliged to review any documents that are released to the public to ensure that they do not contain misleading statements in relation to the proposed claim. Whilst conflicts of interest have the potential to arise in the litigation funding context, LLS is committed to managing any such conflict to ensure that the interests of the client are protected and a successful outcome is achieved for all parties to the LFA. Specifically, LLS reviews every claim that it provides funding for (both at the outset and during the course of the litigation) and in the event that LLS becomes aware that the interests of any of the parties to the LFA are in conflict, LLS will notify you in writing of the nature of the conflict and the way in which it proposes to manage such conflict in order to protect your interests. Throughout the period of the LFA, should you feel at any time that your interests are in conflict with those of LLS, please contact us and/or your lawyers in order that the conflict can be addressed without delay. Clause 13 of the attached draft litigation funding agreement provides for a dispute resolution mechanism in the event that a conflict of interest arises and the parties are unable to resolve that conflict informally among themselves. We recommend that you obtain your own legal advice in relation to the attached LFA and ensure that it addresses any concerns that you may have in relation to the management of an...
Proposed Settlement. “A district court is required to consider four factors in determining whether a settlement is fair, reasonable, and adequate: (1) the merits of the plaintiff’s case, weighed against the terms of the settlement; (2) the defendant’s financial condition; (3) the complexity and expense of further litigation; and (4) the amount of opposition to the settlement.” In re Wireless Tel. Fed. Cost Recovery Fees Litig., 396 F.3d 922, 932 (8th Cir. 2005)(citations omitted). The Court finds that the terms of the proposed settlement are fair, reasonable and adequate. The proposed settlement appears to provide a substantial portion of that which Plaintiffs set out to recover on behalf of the Class from the alleged wrongful conduct. The proposed settlement provides substantial relief. Further litigation would be costly and could risk a portion of Plaintiffs’ and the Class/Settlement Class’ recovery. The proposed settlement is therefore approved, and the Court finds that the Settlement Class is bound to the terms of the Settlement Agreement, including the release therein of all claims by class members against Defendant regarding the fees at issue.
