Class Benefits. In full, complete, and final settlement and satisfaction of the Action and all Released Claims, and subject to all of the terms, conditions, and provisions of this Stipulation of Settlement, Telebrands agrees to provide the following consideration to Settlement Class Members who follow the procedures set forth in Section VII of this Stipulation of Settlement and submit a valid and timely Claim Form to the Class Action Administrator:
Class Benefits. 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 Class Counsel have reviewed internal and confidential documents; the FTC Action and implications thereof; the difficulty and complexity of calculating actual economic harm attributable to allegedly false representations related to the benefits of the Products in contrast to benefits of Defendants’ products that are not challenged in this litigation; 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.
Class Benefits. 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 inherently uncertain nature of a litigated outcome; the complex nature of the Action in which Class Counsel have reviewed internal and confidential documents; the difficulty and complexity of calculating actual economic harm attributable to allegedly false representations as to the benefits of the Adore Products; and the length and expense of continued proceedings through additional fact depositions, retention of experts to study the facts, conduct tests and render opinions and testify in the Litigation, depositions of such experts, third party document productions and depositions, summary judgment briefing, pre-trial motions, trial preparation, conduct of trial, and the briefing of appeals and any associated oral argument. Based on their evaluation of such factors, Class Counsel and Class Representatives have determined that settlement, based on the terms set forth herein, is in the best interests of the Settlement Class.
Class Benefits. Class Counsel and Plaintiff believe the Settlement 17 confers substantial benefits upon the Settlement Class, as identified below, 18 particularly as weighed against the risks associated with the inherent uncertain 19 nature of a litigated outcome; the complex nature of the Litigation in which Class 20 Counsel have reviewed internal and confidential documents; the difficulty and 21 complexity of calculating actual economic harm allegedly attributable to purportedly 22 false representations relating to the Products; and the length and expense of 23 continued proceedings through trial and appeals. Based on their evaluation of such 24 factors, Class Counsel and Plaintiff have determined the Settlement, based on the 25 terms set forth herein, is in the best interests of the Settlement Class.
Class Benefits. Class Counsel and Plaintiff believe the Settlement 24 confers substantial benefits upon the Settlement Class, as identified below, 25 particularly as weighed against the risks associated with the defenses and arguments 26 raised, and will continued to be raised, by Defendant, including the risk of class 27 decertification; the risks associated with the inherent uncertain nature of a litigated 28 outcome; the complex nature of the Action in which Class Counsel have reviewed 1 internal and confidential documents; the difficulty and complexity of calculating 2 actual economic harm allegedly attributable to purportedly false or misleading 3 representations relating to the Product; and the length and expense of continued 4 proceedings through trial and appeals. Based on their evaluation of such factors, 5 Class Counsel and Plaintiff have determined that the Settlement, as negotiated by 6 the Settling Parties through the assistance of an experienced mediator, based on the 7 terms set forth herein, is in the best interests of the Settlement Class.
Class Benefits. In full, complete, and final settlement and satisfaction of the Action and all Released Claims, and subject to all of the terms, conditions, and provisions of this Settlement Agreement, Defendant agrees to the injunctive relief set forth in the form of the order attached hereto as Exhibit D.
Class Benefits. In full, complete, and final settlement and satisfaction of the Action and all Released Claims, and subject to all of the terms, conditions, and provisions of this Settlement Agreement, Defendants agree to provide the following consideration to Settlement Class Members who are not excluded from the Settlement Class and who do not exclude themselves from the Settlement Class and who follow the procedures set forth in Paragraph 2.4 of this Settlement Agreement and submit a valid and timely Claim Form to the Settlement Administrator:
