CLAIMS OF PLAINTIFFS AND BENEFITS OF SETTLEMENT. Plaintiffs and Lead Counsel believe that the claims asserted in the Action have merit. However, Plaintiffs and Lead Counsel recognize and acknowledge the expense and length of continued proceedings necessary to prosecute the Action against the Defendants through trial. Plaintiffs and Lead Counsel also have taken into account the uncertain outcome and the risk of trial, especially in complex matters such as this Action, as well as the risks posed by the difficulties and delays relating to post-trial motions, and potential appeals of the Court’s determination of said motions, or the verdict of a jury. Plaintiffs and Lead Counsel also are aware of the defenses to the securities law violations asserted in the Action. Plaintiffs and Lead Counsel believe that the Settlement set forth in this Stipulation confers substantial benefits upon the Class in light of the circumstances present here. Based on their evaluation, Plaintiffs and Lead Counsel have determined that the Settlement set forth in this Stipulation is in the best interests of the Class.
CLAIMS OF PLAINTIFFS AND BENEFITS OF SETTLEMENT. Plaintiffs believe that the claims asserted in the Action have merit. Plaintiffs, however, recognize and acknowledge the expense and length of continued proceedings necessary to prosecute the Action against Defendants through trial and appeals. Plaintiffs have also taken into account the uncertain outcome and the risk of any litigation. In particular, Plaintiffs have considered the inherent problems of proof and possible defenses to the federal securities law violations asserted in the Action, including the defenses that have been or could be asserted by Defendants during the litigation, on a motion for summary judgment, on a motion for class certification, and at trial. Plaintiffs have therefore determined that the Settlement set forth in this Stipulation is fair, adequate, and reasonable, and in the best interests of the Settlement Class. Nothing in this Stipulation shall be construed as or deemed evidence supporting an admission by Plaintiffs with respect to the merits of any of Defendants’ defenses.
CLAIMS OF PLAINTIFFS AND BENEFITS OF SETTLEMENT. The Plaintiffs believe that the claims asserted in the Action have merit and that evidence developed to date supports the claims. The Plaintiffs and Class Counsel recognize and acknowledge, however, the expense and length of the type of continued proceedings necessary to prosecute the Action against Defendants through class certification, trial, and appeals. The Plaintiffs and Class Counsel have also taken into account the uncertain outcome and the risks of any litigation, especially in putative class actions such as this Action, as well as the difficulties and delays inherent in such litigation. The Plaintiffs and Class Counsel are also mindful of the inherent problems of proof in establishing and overcoming potential defenses to the claims asserted in the Action. In light of these considerations, the Plaintiffs and Class Counsel believe that the settlement set forth in the Settlement Agreement confers substantial benefits and is in the best interests of the Plaintiffs and the Class.
CLAIMS OF PLAINTIFFS AND BENEFITS OF SETTLEMENT. Lead Plaintiff believes that the claims asserted in the Action have merit. Lead Plaintiff, however, recognizes and acknowledges the expense and length of continued proceedings necessary to prosecute the Action against Defendants through trial and appeals. Lead Plaintiff has also taken into account the uncertain outcome and the risk of any litigation. In particular, Lead Plaintiff has considered the inherent problems of proof and possible defenses to the federal securities law violations asserted in the Action, including the defenses that have been or could be asserted by Defendants during the litigation, motion for summary judgment, motion for class certification and trial. Lead Plaintiff has therefore determined that the Settlement set forth in this Stipulation is fair, adequate, reasonable, and in the best interests of the Settlement Class.
