BASIS FOR THE PROPOSED SETTLEMENT Sample Clauses

BASIS FOR THE PROPOSED SETTLEMENT. 3.1 As a result of the investigation to date, ▇▇▇▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇▇ entered into negotiations to settle the Claims regarding the liability of ▇▇▇▇▇▇▇▇▇, taking into account the following considerations: (a) the merits of the complaints or the lack thereof covered by the Settlement Agreement; (b) the relative strengths and weaknesses of the Class’ claims; (c) the time, expense and effort necessary to file and maintain the Class Action to conclusion; (d) the possibilities of success weighed against the possibilities of loss; (e) the range of final judgment values; (f) the legal complexities of the contested issues regarding the Claims; (g) the risks inherent in protracted litigation; (h) the magnitude of benefits to be gained from immediate settlement in light of both the maximum potential of a favorable outcome with the attendant expense and likelihood of an unfavorable outcome; and (i) the fairness of benefits to or from an immediate settlement under all of the foregoing considerations.

BASIS FOR THE PROPOSED SETTLEMENT. 3.1 As a result of the extensive litigation to date, the Plaintiffs and First Health entered into negotiations to settle the Class Action and Related Proceedings regarding the Liability of the Released Parties, taking into account the following considerations: (a) the merits of the complaints or the lack thereof covered by the Settlement Agreement; (b) the relative strengths and weaknesses of the Plaintiffs’ claims; (c) the time, expense and effort necessary to maintain the Class Action and/or Related Proceedings to conclusion; (d) the possibilities of success weighed against the possibilities of loss; (e) the range of final judgment values; (f) the legal complexities of the contested issues in the Class Action and Related Proceedings; (g) the risks inherent in protracted litigation; (h) the magnitude of benefits to be gained from immediate settlement in light of both the maximum potential of a favorable outcome with the attendant expense and likelihood of an unfavorable outcome; and (i) the fairness of benefits to or from an immediate settlement under all of the foregoing considerations.

BASIS FOR THE PROPOSED SETTLEMENT. 3.1 As a result of the extensive discovery completed or in progress, as well as the information at hand, the Plaintiffs and Focus have entered into negotiations for a settlement of the Class Action, insofar as affecting the Liability, as that term is defined in Section 1.24, of the Released Parties, taking into account the following considerations: (a) the merits of the complaints or the lack thereof with regard to Focus; (b) the relative strengths and weaknesses of the Plaintiffs’ claims as to Focus and the Parties’ respective positions vis-a-vis the issues of liability and damages; (c) the time, expense and effort necessary to maintain the Class Action and/or any arbitrations to conclusion; (d) the possibilities of success weighed against the possibilities of loss; (e) the range of potential judgment values, if any should be awarded; (f) the legal complexities of the contested issues in the Class Action; (g) the lack of positive jurisprudential and procedural guidance during the time that may be necessary to conclude the Class Action and its effect on the foregoing considerations; (h) the risks inherent in protracted litigation; (i) the magnitude of benefits to be gained from immediate settlement in light of both the maximum potential of a favorable outcome with the attendant expense and likelihood of an unfavorable outcome; and (j) the fairness of benefits to or from an immediate settlement under all of the foregoing considerations.