Common use of Benefits of the Agreement Clause in Contracts

Benefits of the Agreement. Class Counsel and Class Representatives believe the Agreement confers substantial benefits upon the Class, particularly as weighed against the risk associated with the inherent uncertain nature of a litigated outcome; the complex nature of the Action, and Related Actions, in which the Parties have produced large amounts of discovery, taken and defended depositions, served and pursued third-party subpoenas for documents, and disclosed and produced expert reports, including in the Blitz Action as set forth infra; and the length and expense of continued proceedings through fact depositions, expert depositions, third-party document productions and depositions, class certification briefing, summary judgment briefing, trial, and appeals. Based on their evaluation of such factors, Class Counsel and Class Representatives have determined that the Settlement, based on the following terms, is in the best interests of the Class.

Benefits of the Agreement. Class Counsel and Class Representatives believe the Agreement confers substantial benefits upon the Class, particularly as weighed against the risk associated with the inherent uncertain nature of a litigated outcome; the complex nature of the Action, and Related Actions, Actions in which the Parties have produced large amounts of discovery, taken and defended depositions, served and pursued third-party subpoenas for documents, and retained, disclosed and produced expert reportsreports of several experts, including in the Blitz Action as set forth infraand briefed class certification to a decision; and the length and expense of continued proceedings through additional fact depositions, expert depositions, third-third party document productions and depositions, class certification briefing, summary judgment briefing, trial, and appeals. Based on their evaluation of such factors, Class Counsel and Class Representatives have determined that the Settlement, based on the following terms, is in the best interests of the Class.