Common use of WHAT DOES THE SETTLEMENT PROVIDE Clause in Contracts

WHAT DOES THE SETTLEMENT PROVIDE. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. Class Members fall into two categories: Current Participants and Former Participants. Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation will be made into their existing Plan accounts. Former Participants who are entitled to a distribution will receive their distribution as a check mailed to their last known address or, if they elect, as a rollover to a qualified retirement account. As discussed above, the Settlement Agreement also provides for non-monetary benefits to the Plan, and changes were made to the Plan, benefitting Class Members, during the nine years of litigation. All Class Members and anyone claiming through them will fully release Defendants and their “Released Parties” from “Released Claims.” The Released Parties include Defendants and any past, present, and future related entities, and all of their past, present, and future officers, directors, employees, attorneys, and agents. The Released Claims include all claims that were asserted in the Class Action, that arise out of the conduct alleged in the Complaint, or that relate to: (1) the selection, oversight, retention, or performance of the Plan’s investment options and service providers; (2) fees, costs, or expenses charged to, paid, or reimbursed by the Plan; (3) disclosures or failures to disclose information regarding the Plan’s investment options or service providers; and (4) all claims relating to the implementation of the Settlement. This is only a summary of the Released Parties and Released Claims and not a binding description of the Released Parties or Released Claims. The actual governing release is found within the Settlement Agreement at xxx.XXXXxxxxxxxxx.xxx. Generally, the release means that Class Members will not have the right to xxx the Defendants or the Related Parties for conduct during the Class Period arising out of or relating to the allegations in the Class Action. This is only a summary of the Settlement. The entire Settlement Agreement is available at xxx.XXXXxxxxxxxxx.xxx.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

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WHAT DOES THE SETTLEMENT PROVIDE. The Net Settlement Amount will be allocated to Settlement Class Members according to a Plan of Allocation to be approved by the Court. Class Members fall into two categories: Current Participants and Former Participants. Allocations to Current Participants will be made into the existing Plan accounts of Settlement Class Members who are entitled to a distribution under the Plan of Allocation will be made into their existing Plan accountsAllocation. Former Participants Settlement Class Members who are entitled to a distribution but who, as of May 31, 2013 or the date of the Settlement distribution, no longer have any Plan account or have reduced their Plan account balance(s) to $0, or the beneficiaries or alternate payees of such persons, will receive their distribution as a check mailed to their last known address or, if they elect, or as a rollover to a qualified retirement account. As discussed abovepart of the settlement, the Settlement Agreement also provides Cigna has agreed to certain changes and additions to its processes for non-monetary benefits to obtaining investment products and services for the Plan. Specifically, during the settlement’s three-year compliance period, Cigna will continue to comply with recently implemented Department of Labor Regulations that will increase and changes were made to enhance communication with Plan participants and beneficiaries about 401(k) investment options and associated fees. In addition, during that period, Cigna will continue its practice of not including retail-class mutual funds as core investment options in the Plan, benefitting . Cigna will also undertake a competitive bidding process for Plan recordkeeping and administrative services and will retain an independent consultant to review the alternatives available in the market for servicing the Plan’s Fixed Income Fund. All Settlement Class Members, during the nine years of litigation. All Class Members and anyone claiming through them them, and the Plan itself will fully release the Defendants and their “Released Parties” from “Released Claims.” The Released Parties released parties include Defendants and any past, present, and future related entities, and all of their pastpast and current parent companies, presentpredecessors, and future affiliates, subsidiaries, officers, directors, employees, attorneys, and agents. The Released Claims include all claims that which were or could have been asserted in the Class Action, that arise out of the conduct alleged including all claims made in the Complaint, Class Action or that relate to the allegations raised in the Class Action; all claims related to: (1) the selection, oversight, retention, or performance of the Plan’s investment options (excluding the Cigna Stock Fund) and service providers; (2) fees, costs, or expenses charged to, paid, or reimbursed by the Plan; (3) disclosures or failures to disclose information regarding the Plan’s investment options or service providers; and (4) all claims relating to the implementation of the Settlement. This is only a summary of the Released Parties and Released Claims and not a binding description of the Released Parties or Released Claims. The actual governing release is found within the Settlement Agreement at xxx.XXXXxxxxxxxxx.xxx. Generally, the release means that Class Members will not have the right to xxx the Defendants or the Related Parties for conduct during the Class Period arising out of or relating to the allegations in the Class Action. This is only a summary of the Settlement. The entire Settlement Agreement is available at xxx.XXXXxxxxxxxxx.xxx.;

Appears in 1 contract

Samples: Class Action Settlement Agreement

WHAT DOES THE SETTLEMENT PROVIDE. The Net KeyMe has agreed to create a Settlement Amount Fund of $1,590,255.00 for the Class Members. All Settlement Class Members are entitled to submit a Claim Form in order to receive a payment out of the Settlement Fund. If the Settlement is approved, each Settlement Class Member who submits a timely, valid Claim Form will be allocated entitled to an equal cash payment of $515.00 paid out of the Settlement Fund. The Settlement Administrator will issue a check to each Class Member who submits a valid Claim Form following the final approval of the Settlement. All checks issued to Settlement Class Members according will expire and become void 150 days after they are issued. Additionally, the attorneys who brought this lawsuit (listed below) will ask the Court to award them attorneys’ fees, costs and expenses of up to $450,000 for their time, expense and effort in investigating the facts, litigating the case and negotiating the Settlement. The Class Representative also will apply to the Court for a payment of up to $10,000 for his time, effort, and service in this matter. KeyMe will also make a contribution of $15,000 to a Plan of Allocation to be legal aid charity approved by the Court. Class Members fall into two categoriesWHAT RIGHTS AM I GIVING UP IN THIS SETTLEMENT? FILED DATE: Current Participants and Former Participants. Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation 12/13/2019 11:20 AM 2018CH11240 Unless you exclude yourself from this Settlement, you will be made into their existing Plan accounts. Former Participants who are entitled to considered a distribution will receive their distribution as a check mailed to their last known address or, if they elect, as a rollover to a qualified retirement account. As discussed above, member of the Settlement Agreement also provides for non-monetary benefits Class, which means you give up your right to the Planfile or continue a lawsuit against KeyMe and its related entities, agents, and changes were made to the Plan, benefitting Class Members, during the nine years of litigation. All Class Members and anyone claiming through them will fully release Defendants and their vendors (as defined as “Released Parties” from “Released Claims.” The Released Parties include Defendants and any past, presentin the Settlement Agreement), and future related entities, and all of their past, present, and future officers, directors, employees, attorneys, and agents. The Released Claims include all claims that were asserted in the Class Action, that arise out of the conduct alleged in the Complaint, or that relate to: (1) the selection, oversight, retention, or performance of the Plan’s investment options and service providers; (2) fees, costs, or expenses charged to, paid, or reimbursed by the Plan; (3) disclosures or failures to disclose information regarding the Plan’s investment options or service providers; and (4) all claims relating to the implementation KeyMe’s collection and use of fingerscans from September 5, 2013, to [Prelim Approval] in the state of Illinois. Giving up your legal claims is called a release. The precise terms of the Settlement. This is only a summary of the Released Parties and Released Claims and not a binding description of the Released Parties or Released Claims. The actual governing release is found within are in the Settlement Agreement Agreement, which is available upon request and can be viewed at xxx.XXXXxxxxxxxxx.xxxxxx.XxxXxXXXXXxxxxxxxxx.xxx. GenerallyUnless you formally exclude yourself from this Settlement, the you will release means that Class Members will your claims whether or not you submit a Claim Form and receive payment. If you have the right to xxx the Defendants or the Related Parties any questions, you can talk for conduct during the Class Period arising out of or relating free to the allegations in attorneys identified below who have been appointed by the Class Action. This is only a summary Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of the Settlement. The entire Settlement Agreement is available your choosing at xxx.XXXXxxxxxxxxx.xxxyour own expense.

Appears in 1 contract

Samples: Settlement Agreement and Release Agreement

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WHAT DOES THE SETTLEMENT PROVIDE. A Qualified Settlement Fund of $4.75 million will be divided among eligible Settlement Class members after payment of attorneys’ fees to Class Counsel, a Case Contribution Award to the Named Plaintiffs, payment of other costs and expenses of the Settlement, including notice and settlement administration, as the Court may allow, and any taxes. The Amended Settlement Stipulation, other related documents, and a list of frequently asked questions are available at the Settlement Website identified below, and further describe the details of the proposed Settlement. While there is nothing you must do to receive a Settlement distribution, if any, pursuant to the Settlement, the amount to which you are entitled, if anything, cannot be determined until after the Court has finally approved the Settlement. At that time, the Plan’s records and a formula approved by the Court will be used to calculate each Settlement Class member’s distribution, if any, under the Settlement. Your share (if any) of the Net Settlement Amount Fund will be allocated to depend upon the amount of IBM Stock Fund shares you acquired and sold in your Plan account(s) during the Class Members according to a Period as shown by the Plan’s records and as described in the Plan of Allocation to be which the Court ultimately approves. If the Settlement is approved by the Court. , all Settlement Class Members fall into two categories: Current Participants and Former Participants. Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation will be made into their existing Plan accounts. Former Participants who are entitled to a distribution will receive their distribution as a check mailed to their last known address or, if they elect, as a rollover to a qualified retirement account. As discussed above, the Settlement Agreement also provides for non-monetary benefits to the Plan, and changes were made to the Plan, benefitting Class Members, during the nine years of litigation. All Class Members members and anyone claiming through them will shall be deemed to fully release Defendants and their the Released PartiesDefendants’ Releasees” from “Plaintiffs’ Released Claims.” The Released Parties include Defendants’ Releasees are broadly defined in the Amended Settlement Stipulation, and include, among others, the Defendants and any past, presentIBM, and future any and all of their related entities, and any and all of their past, present, and future officers, directors, employees, attorneys, insurers, reinsurers, agents, successors, assigns, heirs, executors and agentsadministrators. The Plaintiffs’ Released Claims are also broadly defined, and include all claims that which were or could have been asserted in the Class Action, that arise out of the conduct alleged in the Complaint, or that relate to: (1) the selection, oversight, retention, or performance of the Plan’s investment options and service providers; (2) fees, costs, or expenses charged to, paid, or reimbursed by the Plan; (3) disclosures or failures to disclose information regarding the Plan’s investment options or service providers; and (4) all claims relating to the implementation of the Settlement. This is only a summary of the Released Parties and Released Claims and not a binding description of the Released Parties or Released Claims. The actual governing release is found within the Settlement Agreement at xxx.XXXXxxxxxxxxx.xxx. Generally, the release means that Settlement Class Members members will be enjoined from and will not have the right to xxx Defendants’ Releasees for anything related to the Defendants investment of Plan assets in the IBM Stock Fund or the Related Parties for conduct related matters during the Class Period arising out Period. The above description of or relating to the allegations in the Class Action. This proposed Settlement is only a summary summary. Complete terms, including the definitions of the Settlement. The entire “Defendants’ Releasees” and “Plaintiffs’ Released Claims” are set forth in the Amended Settlement Agreement is available at xxx.XXXXxxxxxxxxx.xxxStipulation (including its exhibits), which may be obtained from the Settlement Website, www.[dedicated settlement website].com, or by contacting Class Counsel listed on Page _ above.

Appears in 1 contract

Samples: Action Settlement Agreement and Release

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