Pursuant to Rule. 12b-1 under the 1940 Act, the Service Shares of each Portfolio have adopted a Distribution and Shareholder Servicing Plan (the "12b-1 Plan") which, among other things, authorizes the Distributor to enter into this Agreement with organizations such as Company and to compensate such organizations out of each Portfolio's average daily net assets attributable to the Service Shares.
Pursuant to Rule. 8.2 of the Regulations, Lessor may give any notice or deliver any document hereunder to Lessee by mailing the same by registered mail addressed to Lessee at P.O. Box 374, Hilo, Hawaii 96720 or by delivering the same in person to any officer of Xxxxxx. Lessee may give any notice or deliver any document hereunder to Lessor by mailing the same by registered mail addressed to Lessor at P.O. Box 621, Honolulu, Hawaii 96709 or by delivering the same to Lessor in person. For the purposes of this paragraph, either party may change its address by written notice to the other. In case of any notice or document delivered by registered mail, the same shall be deemed delivered when deposited in any United States Post Office, property addressed as herein provided, with postage fully prepaid.
Pursuant to Rule. 13d-1 under the Securities Exchange Act of 1934, as amended (the "Exchange Act"), Xxxx, LDI, LDIM and Xxxxx X. Xxxx agree to jointly prepare and file a Schedule 13D with the Securities Exchange Commission ("SEC") and the New York Stock Exchange, and to deliver a copy of such Schedule 13D to the Issuer.
Pursuant to Rule. 23(e)(1) and all applicable law, notice was properly given to the potential Settlement Class Members in accordance with the terms of the Settlement Agreement and the Preliminary Approval Order. The Class Notice and the Publication Notice, both of which the Court approved in the Preliminary Approval Order, are written in plain English, clear, concise, and readily understandable. The Class Notice was sent by Class Counsel by mail to each reasonably identifiable (as noted in the Settlement Agreement) residential address within the Class Area. The Publication Notice was published in certain newspapers in the relevant New York counties. The Class Notice and other relevant information and documents (e.g., the Complaint, the Preliminary Approval Order, and the Settlement Agreement with all of its exhibits) were posted on a generally accessible website identified in both the Class Notice and the Publication Notice. The notices provided an address, an e-mail address, a website, and a toll- free telephone number for the potential Settlement Class Members to contact if they needed or wanted additional information. The Court finds that the notification provided for and given to the Settlement Class (a) constitutes the best notice practicable under the circumstances; (b) was reasonably calculated to apprise potential Settlement Class Members of the existence of and their rights related to the Litigation and the terms and conditions of the proposed Settlement Agreement; (c) constitutes due, adequate, and sufficient notice to all persons entitled to notice; and (d) is in full compliance with all applicable requirements of New York and Federal law, the Rules of the Court, any other applicable law and due process requirements. Class Counsel shall continue to host and maintain the website until six (6) months following the Effective Date, at which time Class Counsel shall discontinue the website and ensure that all information posted on it is no longer accessible.
Pursuant to Rule. 15c6-1(d) under the Exchange Act, the parties hereto have agreed that the Closing Date will be not later than October 22, 1999, unless otherwise agreed to as described above.
Pursuant to Rule. 23(a) and (g) of the Federal Rules of Civil Procedure, Plaintiff Xxxxx Xxxxxx is appointed as the Representative Plaintiff for this Settlement Class, and Additional Class Representatives Xxxxx Xxxxx, Xxxx Xxxxxx, and Xxxxxxx Xxxxxxx are appointed as Additional Class Representatives, and the following counsel are appointed as counsel for the settlement Class (“Class Counsel”): Xxxx X. Xxxxxxxx MEHR, XXXXXXXXX & XXXXXXXX TRIAL LAWYERS, PLLC 000 Xxxx Xxxxx Xxxxxx, Xxxxx 000 Lexington, KY 40507 Telephone: 000-000-0000 X. Xxxxxx Xxxxxxxxx LARSON • XXXX, LLP 00 Xxxx Xxxxxxx Xx., Xxxxx 0000 Xx. Xxxx, MN 55101 Tel: (000) 000-0000