Benefits of the Settlement. 3.1 Plaintiffs believe that the claims they have asserted in the Actions on behalf of Atmel have merit. However, Plaintiffs’ Counsel recognize and acknowledge the expense and length of continued proceedings necessary to prosecute the Actions against the Settling Defendants through trial and through appeals. Plaintiffs’ Counsel have also taken into account the uncertain outcome and the risk of any litigation, especially in complex actions such as the Actions, as well as the difficulties and delays inherent in such litigation. Plaintiffs’ Counsel are also mindful of the inherent problems of proof and possible defenses to the claims asserted in the Actions, or that may be asserted. Based on their evaluation, Plaintiffs and Plaintiffs’ Counsel have determined that the settlement set forth in the Agreement is in the best interests of the Plaintiffs, Atmel, and Current Atmel Shareholders. Plaintiffs’ Counsel believe that the Settlement set forth in the Agreement confers substantial benefits upon Atmel and Current Atmel Shareholders.
Benefits of the Settlement. What You Get
Benefits of the Settlement. Class Counsel and Class Representatives believe the Settlement confers substantial benefits upon the Class, as identified below, particularly as weighed against the risk associated with the inherent uncertain nature of a litigated outcome; the complex nature of the Action in which the Parties have produced tens of thousands of pages of documents, taken and defended depositions, served and pursued third-party subpoenas for documents, and retained, disclosed and produced reports of chemical formulation experts, damages experts, and consumer survey experts; and the length and expense of continued proceedings through additional fact depositions, expert depositions, third party document productions and depositions, 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 Settlement. 1. Trade, construction, and other creditors exist for Phases I through VI and Phase VIII. The Settlement Agreement provides funds for them to be paid, which is necessary for the Xxx Peak Resort and Xxxxx Mountain Hotel properties to be clear of liens and to obtain goods and services on the most favorable terms available.
Benefits of the Settlement. 7 2.1. Class Counsel and Class Representative recognize and acknowledge the expense 8 and length of continued proceedings that would be necessary to prosecute the Action through 9 trial and appeals. Class Counsel has also taken into account the uncertain outcome and risk 10 of any litigation, especially in complex actions such as this, as well as the difficulties and 11 delays inherent in such litigation. Class Counsel is mindful of the inherent problems of proof 12 under and possible defenses to the claims asserted in the Action, including BetterBody’s 13 position that its customers were not misled by the labels and that, even if they were, full 14 restitution of the purchase price is excessive in light of the fact that Class Members still 15 received a product value that should equitably offset restitution. Class Counsel believes the 16 Settlement confers substantial benefits upon the Class. Based their evaluation of all these 17 factors, Class Representative and Class Counsel have determined that the Settlement is in the 18 best interests of the Class.
Benefits of the Settlement
