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

Statement of the Settlement Class’s Recovery. Subject to Court approval, Plaintiffs, on behalf of themselves and the Settlement Class, have agreed to settle the Action in exchange for a settlement payment of $50,000,000 in cash (the “Settlement Amount”) to be deposited into an escrow account. The Net Settlement Fund (i.e., the Settlement Amount plus any and all interest earned thereon (the “Settlement Fund”) less (a) any Taxes, (b) any Notice and Administration Costs, (c) any Litigation Expenses3 awarded by the Court, and (d) any attorneys’ fees awarded by the Court) will be distributed among members of the Settlement Class in accordance with a plan of allocation that is approved by the Court. The proposed plan of allocation (the “Plan of Allocation”) is set forth on pages 15-25 below.

Statement of the Settlement Class’s Recovery. Subject to Court approval, Lead Plaintiffs, on behalf of themselves and the other members of the Settlement Class, have agreed to settle the Action in exchange for a settlement payment of $50,000,000 20,000,000 in cash (the “Settlement Amount”) to be deposited into an escrow account). The Net Settlement Fund (i.e., the Settlement Amount Amount, plus any and all interest earned thereon (the “Settlement Fund”) less (a) any Taxes, (b) any Notice and Administration Costs, (c) any Litigation Expenses3 Expenses awarded by the Court, and (d) any attorneys’ fees awarded by the Court) will be distributed among members of the Settlement Class in accordance with a plan of allocation that is approved by the Court, which will determine how the Net Settlement Fund shall be allocated among members of the Settlement Class. The proposed plan of allocation (the “Plan of Allocation”) is set forth on pages 1519-25 26 (Appendix A) below.