Class Settlement Procedures Sample Clauses

Class Settlement Procedures. The events set forth in this Section III, in addition to the occurrence of the "Effective Date" as described in Section I, are conditions precedent to this Agreement becoming effective.
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Class Settlement Procedures. 4.1. Plaintiffs shall promptly file with the Court and Defendant shall not oppose, subject to the opportunity by Defendant’s counsel to review and comment, a Motion for Preliminary Approval of the Settlement, along with this Stipulation and all exhibits hereto, and move for entry of the Preliminary Approval Order substantially in the form attached hereto as Exhibit A. 4.2. For purposes of the Settlement only, Plaintiffs will request as part of the Preliminary Approval Order and the Order and Final Judgment that the Court: (a) certify this Action as a class action pursuant to Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure and approve the definition of the Settlement Class; (b) appoint Plaintiffs to serve as the Settlement Class representatives; and (c) appoint Plaintiffs’ Counsel to serve as counsel for the Settlement Class pursuant to Rule 23(g) of the Federal Rules of Civil Procedure. For purposes of the Settlement only, Defendant will not oppose the request. 4.3. The Settlement Administrator shall discharge its duties under Plaintiffs’ Counsels’ supervision and subject to the jurisdiction of the Court. Defendant, the Released Parties and Defendant’s Counsel shall have no responsibility whatsoever for the administration of the Settlement and shall have no liability whatsoever to any person, including, but not limited to, the Settlement Class Members, in connection with any such administration. The Settlement Administrator shall cause to be mailed on one occasion the Notice and Claim Form to those Settlement Class Members who may be identified through reasonable effort. 4.4. Membership in the Settlement Class and eligibility for the Settlement shall be conclusively determined from Defendant’s records, as reasonably available. Based on its records of unique telephone numbers called, using a pre-recorded or artificial voice between, October 16, 2013 and February 14, 2019, the Settlement Class includes approximately 357,387 members. The number of Settlement Class Members is a material term to the Settlement. Within five (5) business days after the Preliminary Approval Order, to the extent reasonably available to it, Defendant shall provide the Settlement Administrator with all data necessary for administration of the Settlement, including, for the Settlement Class Members, their names, addresses, telephone numbers, email addresses, and any other identifying information maintained by Defendant or on its behalf. Defendant agrees to reasonably coo...
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Class Settlement Procedures 
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Related to Class Settlement Procedures

  • Payment Procedures Upon receipt of a Right Certificate representing exercisable Rights, with the form of election to purchase and certification duly executed, accompanied by payment of the aggregate Purchase Price for the total number of one one-hundredths of a Preferred Share to be purchased and an amount equal to any applicable transfer tax required to be paid by the holder of such Right Certificate in accordance with Section 9, in cash or by certified or cashier's check or money order payable to the order of the Company, the Rights Agent shall thereupon promptly (i) (A) requisition from any transfer agent of the Preferred Shares (or make available, if the Rights Agent is the transfer agent) certificates for the number of Preferred Shares to be purchased and the Company hereby irrevocably authorizes its transfer agent to comply with all such requests, or (B) if the Company shall have elected to deposit the total number of Preferred Shares issuable upon exercise of the Rights hereunder with a depository agent, requisition from the depositary agent depositary receipts representing interests in such number of one one-hundredths of a Preferred Share as are to be purchased (in which case certificates for the Preferred Shares represented by such receipts shall be deposited by the transfer agent with the depositary agent) and the Company hereby directs the depositary agent to comply with all such requests, (ii) when appropriate, requisition from the Company the amount of cash to be paid in lieu of the issuance of fractional shares in accordance with Section 14 or otherwise in accordance with Section 11.1.3, (iii) promptly after receipt of such certificates or depositary receipts, cause the same to be delivered to or upon the order of the registered holder of such Right Certificate, registered in such name or names as may be designated by such holder and (iv) when appropriate, after receipt, promptly deliver such cash to or upon the order of the registered holder of such Right Certificate. In the event that the Company is obligated to issue other securities of the Company, pay cash and/or distribute other property pursuant to Section 11.1.3, the Company will make all arrangements necessary so that such other securities, cash and/or other property are available for distribution by the Rights Agent, if and when appropriate.

  • The Settlement Following mediation with a neutral party, a Settlement has been reached. As part of the Settlement, a Qualified Settlement Fund of $39,500,000 will be established to resolve the Class Action. The Net Settlement Amount is $39,500,000 minus any Administrative Expenses (including taxes and tax expenses), Court-approved Attorneys’ Fees and Costs, and Class Representative Compensation. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court.

  • DISPUTE SETTLEMENT PROCEDURE A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site xxxxxxx or Enterprise should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevant. If the matter remains unresolved the union delegate or site xxxxxxx may then submit the matter to the appropriate senior management person. Where relevant the Enterprise may submit the matter to a union official. If still not resolved the delegate or site xxxxxxx shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprise. If still not resolved there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.

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