Consideration for Settlement. 2.1 As consideration for the Settlement, HAC will provide to Hyundai Settlement Class Members and KCI will provide to KIA Settlement Class Members the following benefits (for the purposes of Section 2.2, the quantum of benefits provided for in the following Sections 2.1.1 to 2.1.7 shall constitute the “Base Quantum”):
Consideration for Settlement. 3.1 As consideration for the Settlement set forth herein, JLRNA will provide to Settlement Class Members certain reimbursement benefits as set forth herein.
Consideration for Settlement. In consideration for the release of the Tax Claims, the Settling Parties agree to the following:
Consideration for Settlement. The Settlement consists of a monetary payment by the Respondents, as well as non-monetary, but valuable, benefits to Class Members.
Consideration for Settlement. 2.1 In consideration for entering into this Agreement, the Settling Defendants shall collectively contribute approximately Thirteen Million One Hundred Thousand ($13,100,000) (“Estimated Settlement Fund”) comprised of various assets identified herein.
2.2 Within fifteen (15) days after the Effective Date, the Settling Defendants shall respectively deposit or cause the deposit or wire transfer to the Claims Administrator the cash held in each of the identified accounts as set forth below. The Parties believe the sum of the accounts totals Three Million Seven Hundred Eighty Seven Thousand Three Hundred Seventy- Five & 87/100 ($3,787,375.87) (“Estimated Cash Settlement”). The Parties acknowledge that the balances in each of the identified accounts set forth below may not match the actual amount in the accounts at the time of transfer. If the net proceeds within any individual account falls short of the amounts estimated below by less than $5,000, Plaintiffs shall have no recourse against the Settling Defendants for the shortfall. However, if the net proceeds within any individual account falls short of the amounts estimated below by more than $5,000, then Plaintiffs shall be entitled to reimbursement of the entire shortfall from the Settling Defendants’ proceeds from the sale of U.S. properties, as set forth in Paragraph 2.3. If the net proceeds within any individual account exceeds the amounts estimated, the particular Settling Defendants’ monetary considerations and obligations are as set forth in this Agreement.
2.2.1 Bank of America Account No. xxxx-xxxx-3467, held in the name of Junzo Suzuki and Xxxxx Xxxxxx, with an estimated account balance of $6,354.63.
Consideration for Settlement. In full consideration for settlement and mutual release of the claims, counterclaims and defenses asserted by the Parties against one another in the Litigation and for the other obligations and covenants set forth in this Agreement, the Parties agree as follows:
Consideration for Settlement. As consideration for the Settlement set forth herein, Transurban will provide the following benefits to the Class:
Consideration for Settlement. In consideration of each party’s execution of this Agreement, the parties agree as follows:
(a) The Company shall agree to an adjusted Conversion Price of $0.21 as of the Effective Date.
(b) The Preferred Holders, constituting the Required Holders, hereby agree and consent to an amendment and restatement of the Certificate of Designations in the form attached attached hereto (the “Amended and Restated Certificate of Designations”).
(c) The Securities Purchase Agreement, dated as of May 14, 2014, by and among the Preferred Holders and the other parties signatory thereto, is hereby terminated and deemed null and void with respect to the Preferred Holders.
Consideration for Settlement. 3.1 As consideration for the settlement set forth herein, HMA and KMA will provide to Settlement Class Members the following benefits:
Consideration for Settlement. In exchange for the covenants and conditions provided for herein, the Parties agree to the following:
