THE PLAN OF ALLOCATION. (1) The Defendants shall have no obligation to consent to but shall not oppose the Court’s approval of the Plan of Allocation.
THE PLAN OF ALLOCATION. The Defendants shall have no standing to oppose the approval of the Plan of Allocation, or to make submissions to the Court in respect of it.
THE PLAN OF ALLOCATION. 13.1 The Defendants shall take no position on the Court’s approval of the Plan of Allocation.
THE PLAN OF ALLOCATION. (1) At the hearing of the motions for the Approval Orders, the Plaintiffs shall seek the Courts’ approval of the Plan of Allocation. The approval of the Plan of Allocation is not a condition of the Settlement and its approval may be considered separately from that of the Settlement.
THE PLAN OF ALLOCATION. A. Introduction to the Plan of Allocation The objective of the Plan of Allocation is to equitably distribute the Net Settlement Fund among Authorized Claimants based on their respective alleged economic losses as a result of the alleged misstatements and omissions, as opposed to losses caused by market- or industry-wide factors, or company-specific factors unrelated to the alleged fraud. The Claims Administrator shall determine each Authorized Claimant’s share of the Net Settlement Fund based upon the recognized loss formula (“Recognized Loss”) described below. A Recognized Loss will be calculated for each share of HCSG common stock (“Common Stock”) purchased or otherwise acquired during the Settlement Class Period.2 The calculation of Recognized Loss will depend upon 2 Throughout the Settlement Class Period, HCSG Common Stock was listed on Nasdaq exchange under the Questions? Call 0-000-000-0000 (Toll Free) or Visit: xxx.XXXXxxxxxxxxxxxxxxxxxxxx.xxx. several factors, including when shares of HCSG Common Stock were purchased or otherwise acquired during the Settlement Class Period and in what amounts, and whether such stock was sold and, if sold, when and for what amounts. The Recognized Loss is not intended to estimate the amount a Settlement Class Member might have been able to recover after a trial, nor to estimate the amount that will be paid to Authorized Claimants pursuant to the Settlement. The Recognized Loss is the basis upon which the Net Settlement Fund will be proportionately allocated to the Authorized Claimants. The Claims Administrator will use its best efforts to administer and distribute the Net Settlement Fund to the extent that it is equitably and economically feasible. The Court will be asked to approve the Claims Administrator’s determinations before the Net Settlement Fund is distributed to Authorized Claimants. The Plan of Allocation was created with the assistance of a consulting damages expert to calculated how the price of HCSG Common Stock was artificially inflated throughout the Settlement Class Period. The estimated alleged artificial inflation in the price of HCSG Common Stock during the Settlement Class Period is reflected in Table 1 below. The computation of the estimated alleged artificial inflation in the price of HCSG Common Stock during the Settlement Class Period is based on certain misrepresentations alleged by Lead Plaintiff and the price change in the stock, net of market- and industry-wide factors, in reaction to th...
THE PLAN OF ALLOCATION. (1) Class Counsel shall propose for approval by the Court a Plan of Allocation in the form attached as Schedule “F” or such other form as Class Counsel may advise. The approval of the Plan of Allocation may be considered separately from the approval of the Agreement and is not a condition of the approval of the Agreement itself.
