Settlement Considerations Sample Clauses
POPULAR SAMPLE Copied 2 times
Settlement Considerations. 1. Representative Plaintiffs and Class Counsel stand by the claims asserted in this Action, including their claims that ▇▇▇▇▇▇ ▇▇▇▇▇▇ breached the implied warranty of habitability codified at Section 235-b of New York’s Real Property Law and the lease agreements between ▇▇▇▇▇▇ ▇▇▇▇▇▇ and tenants during the Class Period in all the respects alleged in the Complaint. Notwithstanding that position, without conceding any defect or lack of merit in those claims, and based upon their evaluation of the facts and law, the Representative Plaintiffs and Class Counsel have agreed to settle the Action and release the ▇▇▇▇▇▇ ▇▇▇▇▇▇ Releasees and Related Party Releasees pursuant to the terms of this Settlement Agreement after considering, among other things, that:
(a) Class Members have already received substantial benefits during the pendency of this lawsuit, and would receive substantial additional benefits under the terms of this Settlement Agreement, if approved. These benefits, in the aggregate, may be greater than the benefits that may have been obtained had the matter continued through trial;
(b) Litigation of complex actions such as this Action involves inherent risks, including risks of delay;
(c) Prior rulings in cases asserting claims similar to those asserted in the Action support the reasonableness of the Settlement Agreement;
(d) The outcome of any dispositive motion is uncertain;
(e) The outcome of a motion for class certification is uncertain;
(f) Consummating this Settlement Agreement promptly would provide effective and significant relief to Class Members; and
(g) Based on, among other things, the investigation, disclosure, and legal proceedings described above in Section I.D, the Representative Plaintiffs and Class Counsel believe that the Settlement is fair, reasonable, and adequate, and in the best interests of all Class Members; and
(h) The Contractual Rent Increase Limitation, defined below, is intended to protect Current Tenants, both those subject to QRS and those subject to market rate increases, by placing an outer limit on rent increases for a period of two years. This protection will serve as a two- year backstop for QRS tenants in the event the QRS program expires on June 30, 2020, without a replacement program in place. It will also protect non-QRS tenants for a period of two years, as described in Section II.E.1 below. In the absence of this Settlement Agreement, ▇▇▇▇▇▇ ▇▇▇▇▇▇ would not undertake this contractual obligation.
2. ▇▇▇▇▇▇ ▇▇▇▇...
Settlement Considerations. In consideration for the full and complete Release of all Released Claims against all Released Parties, and the dismissal of the Action with prejudice, Defendants agree to provide the following consideration to the Settlement Class.
Settlement Considerations. 1. Based upon (i) investigation into and evaluation of the facts and laws relating to the Claims alleged in the Action, including investigating the facts and laws prior to initiating the Action, (ii) information obtained from the Company and Individual Defendants prior to the Execution Date, (iii) the completion of confirmatory discovery as contemplated in Section II.D, (iv) investigations and legal analysis conducted during the pendency of the Action and (v) sessions with the mediator, Petitioner has agreed to settle the Action and to release the Releasees from Released Securities Holder/Company Claims pursuant to the terms of this Agreement.
2. Based upon the Board’s determinations regarding the allegations in the Petition, which determinations in turn are based upon the findings and recommendations of the AARC, Halliburton expressly denies that the Claims made in the Action have any merit or that they are in the best interests of the Company or its shareholders to pursue. Individual Defendants expressly deny all assertions of wrongdoing or liability arising out of any of the conduct, statements, acts or omissions alleged, or that could have been alleged, in the Action. Halliburton and the Individual Defendants nevertheless consider the Settlement as set out in this Agreement to be in the best interests of the Company and its shareholders because it will, among other things,
(i) bring to an end the expenses, burdens and uncertainties associated with continued litigation of the Action and (ii) confer substantial material benefits on the Company through adoption of significant new and revised Health, Safety and Environmental Controls and avoidance of potential further expenses and disruption of management and operation of the Company due to the pendency and defense of the Action.
Settlement Considerations. Considerations for entering into a COC are based upon those circumstances listed in § 25-7-122, C.R.S., and in Section 10.4.1.
Settlement Considerations. 3.1 In determining to enter into this Agreement, the Regulator has taken the following considerations into account (without limitation):
(a) the importance of ensuring that overseas investors apply for the requisite consents when investing in New Zealand property;
(b) the public interest in maintaining public confidence in the integrity of the overseas investment regime;
(c) that the Defendants admit the matters set out in the Notice of Admissions;
(d) that the NZ Transactions relate to alleged activity within New Zealand;
(e) the nature, seriousness, time, and frequency of the activity comprising the NZ Transactions, including the steps taken by the Defendants to circumvent the operation of the Act;
(f) that Mr Hong, Mr Ke, and IRL have voluntarily disposed of the Farm, and in the process have realised a quantifiable gain for the purpose of s 48(2) of the Act of approximately $2,747,360;
(g) there is no quantifiable gain on the Lodge for the purpose of s 48(2) of the Act;
(h) the Defendants’ cooperation with the Regulator in investigating the NZ Transactions;
(i) all other mitigating factors relating to the Defendants;
(j) the likely penalty that may be imposed; and
(k) the steps that the Defendants will take under this Agreement.
Settlement Considerations