Common use of Statement of the Class’s Recovery Clause in Contracts

Statement of the Class’s Recovery. 1. Class Representatives have entered into the proposed Settlement with Defendants which, if approved by the Court, will resolve this Action in its entirety. Subject to Court approval, Class Representatives, on behalf of the Class, have agreed to settle the Action in exchange for a payment of $10,500,000 in cash (the “Settlement Amount”) to be deposited into an interest-bearing escrow account (the “Settlement Fund”). The Net Settlement Fund (as defined below) will be distributed to Class Members according to a Court-approved plan of allocation. The proposed Plan of Allocation is set forth on pages - below.

Statement of the Class’s Recovery. 1. Class Representatives have entered into the proposed Settlement with Defendants which, if approved by the Court, will resolve this Action in its entirety. Subject to Court approval, Class Representatives, on behalf of the Class, have agreed to settle the Action in exchange for a payment of $10,500,000 22,500,000 in cash (the “Settlement Amount”) to ), which will be deposited into an interest-bearing escrow account (the “Settlement Fund”). The Net Settlement Fund (as defined below) will be distributed to eligible Class Members according to a Court-Court- approved plan of allocation. The proposed Plan of Allocation is set forth on pages - below.