Common use of CAFA Notices Clause in Contracts

CAFA Notices. The Court approves the form of the CAFA notices attached as Exhibit 6 to the Settlement Agreement and orders that upon mailing of the CAFA notices, Defendants shall have fulfilled their obligations under the Class Action Fairness Act, 29 U.S.C. § 1711, et seq. IT IS SO ORDERED. 1. For purposes of this Final Approval Order and Judgment, except as otherwise defined herein, all capitalized terms used herein shall have the same meaning as are ascribed to them in the Settlement Agreement. 2. The Court has jurisdiction over the subject matter of this action and personal jurisdiction over all parties to the action, including all members of the Settlement Class. 3. The following Settlement Class is certified under Rule 23(b)(1) of the Federal Rules of Civil Procedure for purposes of the Settlement only: All participants and beneficiaries of the McKinsey & Company, Inc. Profit-Sharing Retirement Plan and the McKinsey & Company, Inc. Money Purchase Pension Plan (the “Plans) at any time from February 15, 2013 through [the date the Court entered the Preliminary Approval Order], excluding the Trustees for the McKinsey Master Retirement Trust and members of the Administrative Committee for the Plans at any time during the Class Period, as well as persons who served on the Shareholders Council of McKinsey & Company, Inc. or the Board of Directors of MIO Partners, Inc. at any time during the Class Period. The Court finds that this Settlement Class meets all of the requirements of Rule 23(a) and 23(b)(1). 4. Pursuant to Rules 23(e)(1)(A) and (C), the Court hereby approves and confirms the Settlement and the terms therein as being fair, reasonable, and adequate to the Plans and the Class Members. 5. The Court hereby approves the Settlement and orders that the Settling Parties take all necessary steps to effectuate the terms of the Settlement Agreement. 6. In accordance with the Court’s Orders, and as reflected in the information from the Settlement Administrator, Analytics Consulting LLC, Settlement Notices were timely distributed by first-class mail to all Class Members who could be identified with reasonable effort. The Settlement Administrator searched for updated address information for those returned as undeliverable, and re-mailed notices to those Class Members. In total, % were ultimately returned as undeliverable. In addition, pursuant to the Class Action Fairness Act, 29 U.S.C. § 1711, et seq. (“CAFA”), notice was provided to the Attorneys General for each of the states in which a Class Member resides and the Attorney General of the United States. 7. The form and methods of notifying the Class Members of the terms and conditions of the proposed Settlement Agreement met the requirements of Rules 23(c)(2) and (e), and due process, and constituted the best notice practicable under the circumstances; and due and sufficient notices of the Fairness Hearing and the rights of all Class Members have been provided to all people, powers and entities entitled thereto, consistent with Rule 23 and due process. 8. The Court finds that the Settlement is fair, reasonable, and adequate, based on the following findings of fact, conclusions of law, and determinations of mixed fact/law questions: A. The Settlement resulted from arm’s-length negotiations by experienced and competent counsel overseen by a neutral mediator; B. The Settlement was negotiated only after Class Counsel had received pertinent information and documents from Defendants; C. The Settling Parties were well positioned to evaluate the value of the Class Action; D. If the Settlement had not been achieved, both Plaintiff and Defendants faced the expense, risk, and uncertainty of extended litigation; E. The amount of the Settlement ($39,500,000) is fair, reasonable, and adequate. The Settlement amount is within the range of reasonable settlements that would have been appropriate in this case, based on the nature of the claims, the potential recovery, the risks of litigation, and settlements that have been approved in other similar cases; F. The Class Representative has actively and independently participated in the Class Action; G. The Class Representative and Class Counsel have concluded that the Settlement Agreement is fair, reasonable and adequate; H. Class Members had the opportunity to be heard on all issues regarding the Settlement and release of claims by submitting objections to the Settlement Agreement to the Court; and There were objections to the settlement. of those objections

CAFA Notices. The Court approves the form of the CAFA notices attached as Exhibit 6 to the Settlement Agreement and orders that upon mailing of the CAFA notices, Defendants shall have fulfilled their obligations under the Class Action Fairness Act, 29 U.S.C. § 1711, et seq. IT IS SO ORDERED. 1. For purposes of this Final Approval Order and Judgment, except as otherwise defined herein, all capitalized terms used herein shall have the same meaning as are ascribed to them in the Settlement Agreement. 2. The Court has jurisdiction over the subject matter of this action and personal jurisdiction over all parties to the action, including all members of the Settlement Class. 3. The following Settlement Class is certified under Rule 23(b)(1) of the Federal Rules of Civil Procedure for purposes of the Settlement only: All participants and beneficiaries of the McKinsey & Company, Inc. Profit-Sharing Retirement Plan and the McKinsey & Company, Inc. Money Purchase Pension Plan (the “Plans) at any time from February 15, 2013 through [the date the Court entered the Preliminary Approval Order], excluding the Trustees for the McKinsey Master Retirement Trust and members of the Administrative Committee for the Plans at any time during the Class Period, as well as persons who served on the Shareholders Council of McKinsey & Company, Inc. or the Board of Directors of MIO Partners, Inc. at any time during the Class Period. The Court finds that this Settlement Class meets all of the requirements of Rule 23(a) and 23(b)(1). 4. Pursuant to Rules 23(e)(1)(A) and (C), the Court hereby approves and confirms the Settlement and the terms therein as being fair, reasonable, and adequate to the Plans and the Class Members. 5. The Court hereby approves the Settlement and orders that the Settling Parties take all necessary steps to effectuate the terms of the Settlement Agreement. 6. In accordance with the Court’s Orders, and as reflected in the information from the Settlement Administrator, Analytics Consulting LLC, Settlement Notices were timely distributed by first-class mail to all Class Members who could be identified with reasonable effort. The Settlement Administrator searched for updated address information for those returned as undeliverable, and re-mailed notices to those Class Members. In total, % were ultimately returned as undeliverable. In addition, pursuant to the Class Action Fairness Act, 29 U.S.C. § 1711, et seq. (“CAFA”), notice was provided to the Attorneys General for each of the states in which a Class Member resides and the Attorney General of the United States. 7. The form and methods of notifying the Class Members of the terms and conditions of the proposed Settlement Agreement met the requirements of Rules 23(c)(2) and (e), and due process, and constituted the best notice practicable under the circumstances; and due and sufficient notices of the Fairness Hearing and the rights of all Class Members have been provided to all people, powers and entities entitled thereto, consistent with Rule 23 and due process. 8. The Court finds that the Settlement is fair, reasonable, and adequate, based on the following findings of fact, conclusions of law, and determinations of mixed fact/law questions: A. The Settlement resulted from arm’s-length negotiations by experienced and competent counsel overseen by a neutral mediator; B. The Settlement was negotiated only after Class Counsel had received pertinent information and documents from Defendants; C. The Settling Parties were well positioned to evaluate the value of the Class Action; D. If the Settlement had not been achieved, both Plaintiff and Defendants faced the expense, risk, and uncertainty of extended litigation; E. The amount of the Settlement ($39,500,000) is fair, reasonable, and adequate. The Settlement amount is within the range of reasonable settlements that would have been appropriate in this case, based on the nature of the claims, the potential recovery, the risks of litigation, and settlements that have been approved in other similar cases; F. The Class Representative has actively and independently participated in the Class Action; G. The Class Representative and Class Counsel have concluded that the Settlement Agreement is fair, reasonable and adequate; H. Class Members had the opportunity to be heard on all issues regarding the Settlement and release of claims by submitting objections to the Settlement Agreement to the Court; and There were objections to the settlement. of those objections

CAFA Notices. The Court approves the form of the CAFA notices Notices attached as Exhibit 6 B to the Settlement Agreement this Preliminary Approval Order, and orders that upon the mailing of the CAFA noticesNotices by the Settlement Administrator, Defendants shall have fulfilled their obligations under the Class Action Fairness Act, 29 28 U.S.C. § §1711, et seq. IT IS SO ORDERED. 1Dated: Xxx. For purposes Xxxx X. Wolf United States Chief District Judge • The Court has given its preliminary approval to a proposed settlement (the “Settlement”) related to the State Street Salary Savings Program (the “Plan”) during times from May 25, 2015 through the date of this Final the Preliminary Approval Order Order, inclusive, as a result of a class action lawsuit brought by certain participants in the Plan against State Street Corporation and Judgmentothers (collectively, except “Defendants” or “State Street”), alleging violations of the Employee Retirement Income Security Act of 1974, as otherwise defined hereinamended (“ERISA”). Defendants deny any and all claims and liability, all capitalized and nothing in the Settlement is an admission or concession on Defendants’ part of any fault, wrongdoing or liability whatsoever. • You are included as a Settlement Class member if you were a participant in, or a beneficiary of a participant in, the Plan at any time from May 25, 2015, through the date of the Preliminary Approval Order. • The Settlement will provide for a Settlement Payment equal to $4,300,000 that will be allocated to eligible Settlement Class members after any Court-approved deductions for Attorneys’ Fees and Expenses, Settlement Administration Expenses, Independent Fiduciary’s fees, and Case Contribution Awards. Settlement Class members with a positive balance (an “Active Account”) in the Plan as of the date the Court issues its preliminary approval of the Settlement (referred to herein as “Current Participants”) will receive allocations deposited directly into their Plan accounts as long as they maintain a positive balance through the time Settlement monies are distributed. Settlement Class members who do not have an Active Account as of the date the Court issues its preliminary approval of the Settlement (referred to herein as “Former Participants”) will receive their allocation in the form of a check, or can instead elect to receive their payment through a rollover to a qualified retirement account. • The terms and conditions of the Settlement are set forth in the Settlement Agreement dated February _10, 2024. Capitalized terms used herein shall in this Settlement Notice but not defined in this Settlement Notice have the same meaning as are ascribed meanings assigned to them in the Settlement Agreement. 2. The Settlement Agreement is available at xxx.XxxxxXxxxxxXXXXXxxxxxxxxxx.xxx. Certain other documents also will be posted on that website. You should visit that website if you would like more information about the Settlement or the lawsuit. All papers filed in this lawsuit also are available via the Public Access to Court Electronic Records System (PACER), at xxxx://xxx.xxxxx.xxx, and may also be reviewed in person, as allowed by the Court, during regular business hours at the Office of the Clerk of the United States District Court for the District of Massachusetts, 0 Xxxxxxxxxx Xxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000. • Your rights and the choices available to you—and the applicable deadlines to act—are explained in this Settlement Notice. Please note that neither State Street nor any employees or representatives of State Street may advise you as to what the best choice is for you or how you should proceed. • The Court still has jurisdiction over the subject matter of this action and personal jurisdiction over all parties to decide whether to give its final approval to the action, including all members of Settlement. Payments under the Settlement Class. 3. The following Settlement Class is certified under Rule 23(b)(1) of the Federal Rules of Civil Procedure for purposes of the Settlement only: All participants and beneficiaries of the McKinsey & Company, Inc. Profit-Sharing Retirement Plan and the McKinsey & Company, Inc. Money Purchase Pension Plan (the “Plans) at any time from February 15, 2013 through [the date will be made only if the Court entered the Preliminary Approval Order], excluding the Trustees for the McKinsey Master Retirement Trust and members of the Administrative Committee for the Plans at any time during the Class Period, as well as persons who served on the Shareholders Council of McKinsey & Company, Inc. or the Board of Directors of MIO Partners, Inc. at any time during the Class Period. The Court finds that this Settlement Class meets all of the requirements of Rule 23(a) and 23(b)(1). 4. Pursuant to Rules 23(e)(1)(A) and (C), the Court hereby approves and confirms the Settlement and the terms therein as being fair, reasonable, and adequate to the Plans and the Class Members. 5. The Court hereby finally approves the Settlement and orders that final approval is upheld in the Settling Parties event of any appeal. • A Fairness Hearing will take all necessary steps place on , 2024, at 2:00 p.m. E.S.T., before the Xxxxxxxxx Xxxx X. Wolf at the U.S. District Court for the District of Massachusetts, 0 Xxxxxxxxxx Xxx, Xxxxx 0000, Xxxxxx, Xxxxxxxxxxxxx 00000, in Courtroom , to effectuate determine whether to grant final approval of the Settlement and approve the requested Attorneys’ Fees and Expenses, Settlement Administration Expenses, and Case Contribution Awards. The date and time of the Fairness Hearing are subject to change by Court Order, but any changes will be posted at xxx.XxxxxXxxxxxXXXXXxxxxxxxxxx.xxx. • Any objections to the Settlement, or to the requested Attorneys’ Fees and Expenses, Settlement Administration Expenses, or Case Contribution Awards, along with any supporting documents, must be mailed to the Court, Class Counsel, and Defense Counsel, as identified under Question 15 (below) of this Settlement Notice. • Further information regarding the litigation, the Settlement, and this Settlement Notice, including any changes to the terms of the Settlement Agreement. 6. In accordance with the Court’s Orders, and as reflected in the information from the Settlement Administrator, Analytics Consulting LLC, Settlement Notices were timely distributed by first-class mail to all Class Members who could be identified with reasonable effort. The Settlement Administrator searched for updated address information for those returned as undeliverable, and re-mailed notices to those Class Members. In total, % were ultimately returned as undeliverable. In addition, pursuant to the Class Action Fairness Act, 29 U.S.C. § 1711, et seq. (“CAFA”), notice was provided to the Attorneys General for each orders of the states in which a Class Member resides and the Attorney General of the United States. 7. The form and methods of notifying the Class Members of the terms and conditions of the proposed Settlement Agreement met the requirements of Rules 23(c)(2) and (e), and due process, and constituted the best notice practicable under the circumstances; and due and sufficient notices of the Fairness Hearing and the rights of all Class Members have been provided to all people, powers and entities entitled thereto, consistent with Rule 23 and due process. 8. The Court finds that the Settlement is fair, reasonable, and adequate, based on the following findings of fact, conclusions of law, and determinations of mixed fact/law questions: A. The Settlement resulted from arm’s-length negotiations by experienced and competent counsel overseen by a neutral mediator; B. The Settlement was negotiated only after Class Counsel had received pertinent information and documents from Defendants; C. The Settling Parties were well positioned to evaluate the value of the Class Action; D. If the Settlement had not been achieved, both Plaintiff and Defendants faced the expense, risk, and uncertainty of extended litigation; E. The amount of the Settlement ($39,500,000) is fair, reasonable, and adequate. The Settlement amount is within the range of reasonable settlements that would have been appropriate in this case, based on the nature of the claims, the potential recovery, the risks of litigation, and settlements that have been approved in other similar cases; F. The Class Representative has actively and independently participated in the Class Action; G. The Class Representative and Class Counsel have concluded that the Settlement Agreement is fair, reasonable and adequate; H. Class Members had the opportunity to be heard on all issues regarding the Settlement and release of claims by submitting objections to the Settlement Agreement to the Court; and There were objections to the settlement. of those objectionsSettlement, may be obtained at xxx.XxxxxXxxxxxXXXXXxxxxxxxxxx.xxx.