Common use of Continuance of Hearing Clause in Contracts

Continuance of Hearing. The Court may adjourn, modify, or continue the Fairness Hearing without further direct notice to the Class Members, other than by notice to Class Counsel. In such event, notice of the same shall be provided through the Settlement Website. IT IS SO ORDERED. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA [PROPOSED] ORDER ON PLAINTIFFS’ MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT 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 ascribed to them in the Settlement Agreement. 2. The Court has subject matter jurisdiction over the action and retains jurisdiction for purposes of enforcing and interpreting the Settlement Agreement. 3. The following Settlement Class is certified under Rule 23(b)(1) of the Federal Rules of Civil Procedure for purposes of the Settlement: All participants and beneficiaries of the NRECA 401(k) Pension Plan at any time from July 25, 2013 through July 31, 2020 excluding members of the Insurance and Financial Services Committee, NRECA’s Board of Directors, and the Plan Administrator. 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 Plan 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., 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. Due and sufficient notice 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 was negotiated at arm’s length only after Class Counsel had received pertinent information and documents from Defendants; B. The Settling Parties were well positioned to evaluate the value of the Class Action; C. If the Settlement had not been achieved, both Plaintiffs and Defendants faced the expense, risk, and uncertainty of extended litigation; D. The amount of the Settlement ($10,000,000) 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; E. The Class Representatives have actively and independently participated in the Class Action; F. The Class Representatives and Class Counsel have concluded that the Settlement Agreement is fair, reasonable and adequate; G. 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 H. There were objections to the settlement. of those objections were timely. The Court has considered all of them and has overruled them with prejudice. I. The Settlement was reviewed by an independent fiduciary, , who has approved the Settlement. 9. The Motion for Final Approval of the Settlement Agreement is hereby GRANTED, the Settlement of the Class Action is APPROVED as fair, reasonable and adequate to the Plan and the Settlement Class.

Continuance of Hearing. The Court may adjourn, modify, or continue the Fairness Hearing without further direct notice written notice. SO ORDERED this day of , 2016 Xxx. Xxxxxxxx Xxxxxx Xxxxxxx Xxxxxxx Xxxxxx, on behalf of himself and all others similarly situated, Plaintiff, vs. Baptist Health System, Inc., the Baptist Health System, Inc. Benefits Committee and Xxxx Does 1-20, Defendants. Civil Action No. 2:15-cv-00382-MHH YOUR LEGAL RIGHTS MIGHT BE AFFECTED IF YOU ARE A MEMBER OF THE FOLLOWING SETTLEMENT CLASS: All vested or non-vested present and past participants of the Baptist Health System, Inc. Retirement Plan (or their beneficiaries) as of the Effective Date of Settlement. This Notice of Proposed Class Action (“Class Notice”) advises you of a proposed settlement (the “Settlement”) of a class action lawsuit (the “Action”) brought by plaintiff Xxxxxxx Xxxxxx (the “Named Plaintiff”) on behalf of himself, the Baptist Health System, Inc. Retirement Plan (the “Plan”), and as a representative of the Settlement Class against Defendants Baptist Health System, Inc., the Baptist Health System, Inc. Benefits Committee, and the individual members of the Committee (the “Defendants”) alleging that they breached their fiduciary duties and violated the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). The Named Plaintiff and Defendants are referred to as the “Parties.” This Class Notice is being distributed to advise you that the United States District Court for the Northern District of Alabama (the “Court”) has preliminarily approved the proposed Settlement of the Action. The Court has scheduled a hearing (the “Fairness Hearing”) to consider the Named Plaintiff’s motion for final approval of the Settlement, Class Counsel’s application for attorneys’ fees, reimbursement of litigation expenses, and an Incentive Fee to the Named Plaintiff. The Fairness Hearing has been scheduled for , 2016 at in the United States District Court for the Northern District of Alabama, 0000 Xxxxx Xxxxxx Xxxxx, Xxxxxxxxxx, Xxxxxxx 00000. Any objections to the Settlement, the application for attorneys’ fees and litigation expenses, or the Incentive Fee must be served in writing on Class MembersCounsel and on Defendants’ counsel, other than by notice as identified on Page 10 of this Class Notice. The procedure for objecting is described below. This Class Notice contains summary information with respect to Class Counselthe Settlement. In such event, notice The terms and conditions of the same shall be provided through Settlement are set forth in the Class Action Settlement WebsiteAgreement (“Settlement Agreement”). IT IS SO ORDERED. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA [PROPOSED] ORDER ON PLAINTIFFS’ MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT 1. For purposes of this Final Approval Order and Judgment, except as otherwise defined herein, all capitalized Capitalized terms used herein shall in this Class Notice but not defined in this Class Notice have the same meaning as ascribed meanings assigned to them in the Settlement Agreement. The Settlement Agreement and additional information with respect to the Action and the Settlement are available at www.---.com and www.----.com. You can also obtain a copy of the Settlement Agreement and information about the Settlement by contacting Class Counsel: Xxxxxxx Xxxxxxx, Xxxxx Xxxxxxx & Xxxxx LLP, 00 Xxxxx Xxxx Xxxxxx, Xxxxx 000, Xxxx Xxxxxxxx, Xxxxxxxxxxx 00000 or Xxxx X. Xxxxxxx, Xxxxxxx Topaz Xxxxxxx & Check LLP, 000 Xxxx xx Xxxxxxx Xxxx, Xxxxxx, Xxxxxxxxxxxx 00000. Please do not contact the Court, the Clerk’s Office, or the Defendants. As described in more detail below, the case concerns allegations that Defendants violated ERISA by operating the Baptist Health System, Inc. Retirement Plan as a “Church Plan. 2” The Named Plaintiff claims that the Plan should have been operated under the protections of ERISA. Defendants deny any and all liability and allegations of wrongdoing made in the Action and maintain the Plan was, has been, and continues to be properly established, maintained, and administered as a Church Plan under the appropriate Plan terms and as defined in ERISA, exempt from coverage under ERISA, but are settling this case to avoid risk, expense, and the uncertainty of outcome that is inherent in any litigation. The Settlement will require Defendants to contribute $11,000,000 (eleven million dollars) in funding to the Plan over a ten-year period. Because the Plan is a defined benefit pension plan, and not a defined contribution plan like a 401(k) plan with individual accounts, the funding amounts will be contributed to the Plan as a whole, rather than to the individual accounts of the Plan’s participants and beneficiaries. Additionally, the Settlement provides non-monetary equitable consideration, in that the participants in the Plan will receive certain ERISA-like financial protections in the event of plan termination for the next eight (8) years. The Plan will still operate as a “Church Plan.” The Settlement also provides that, upon Final Court approval and disposition of any appeals or any other proceedings for review, the members of the Settlement Class release any and all actual or potential claims, actions, demands, obligations, liabilities, attorneys’ fees, expenses and costs arising out of the allegations in the Action against the Defendants, the Plan, their counsel and certain other individuals, as described in more detail below. The Court in charge of this case still has subject matter jurisdiction over to decide whether to approve the action and retains jurisdiction for purposes of enforcing and interpreting the Settlement Agreement. 3Settlement. The following Settlement Class is certified under Rule 23(b)(1) of the Federal Rules of Civil Procedure for purposes of the Settlement: All participants and beneficiaries of the NRECA 401(k) Pension Plan at any time from July 25, 2013 through July 31, 2020 excluding members of the Insurance and Financial Services Committee, NRECA’s Board of Directors, and the Plan Administrator. 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), funding contributions will be made only if the Court hereby approves and confirms the Settlement and the terms therein as being fair, reasonable, and adequate to the Plan and the Class Members. 5. The Court hereby approves the Settlement and orders that approval is upheld if there are any appeals. This process is explained in greater detail below. While the Settling Parties take all necessary steps to effectuate Settlement will not increase or decrease the amount of benefits that you individually are receiving or will receive, the Settlement will improve the funding level and financial security of the Plan as a whole. Please see the terms of the Settlement Agreement. 6Agreement and the “Summary of Settlement” section below for a description of the ways in which the Plan will be affected. In accordance with If your Plan benefits were previously paid out in the Court’s Ordersform of a lump sum, you already received your full benefit due under the Plan, and you will not be entitled to an additional benefit 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 efforta result of this Settlement. The Settlement Administrator searched for updated address information for those returned as undeliverableIf you are a former plan participant, 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., notice was provided to the Attorneys General for each of the states in which you are not due 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 benefit under the circumstances. Due and sufficient notice Plan, you will not be entitled to an additional benefit as a result 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 was negotiated at arm’s length only after Class Counsel had received pertinent information and documents from Defendants; B. The Settling Parties were well positioned to evaluate the value of the Class Action; C. If the Settlement had not been achieved, both Plaintiffs and Defendants faced the expense, risk, and uncertainty of extended litigation; D. The amount of the Settlement ($10,000,000) 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; E. The Class Representatives have actively and independently participated in the Class Action; F. The Class Representatives and Class Counsel have concluded that the Settlement Agreement is fair, reasonable and adequate; G. 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 H. There were objections to the settlement. of those objections were timely. The Court has considered all of them and has overruled them with prejudice. I. The Settlement was reviewed by an independent fiduciary, , who has approved the Settlement. 9. The Motion for Final Approval of the Settlement Agreement is hereby GRANTED, the Settlement of the Class Action is APPROVED as fair, reasonable and adequate to the Plan and the Settlement Class.

Continuance of Hearing. The Court may adjourn, modify, or continue the Fairness Hearing in its discretion without further direct notice to the Class MembersSettlement Class, other than by notice to Class Counsel and Defense Counsel. In such event, notice and any Class Member wishing to appear should check the Court’s docket or call the Clerk’s office three (3) calendar days before the scheduled date of the same shall be provided through the Settlement WebsiteFairness Hearing. IT IS SO ORDEREDDATED: , 2021 HON. XXXX X.X. XXXXXXX. UNITED STATES DISTRICT COURT FOR JUDGE XXXXXXXX XXXXX, ET AL., v. THE EASTERN DISTRICT UNIVERSITY OF VIRGINIA [PROPOSED] ORDER ON PLAINTIFFSPENNSYLVANIA, ET AL., No. 2:16-cv-4329-GEKP Upon consideration of the Plaintiffs’ MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENTUnopposed Motion for Final Approval of the Settlement of the above-referenced litigation under the terms of a Class Action Settlement Agreement dated January 13, 2021, (the “Settlement Agreement”), the Court hereby orders and adjudges as follows: 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 ascribed to them definitions set forth in the Settlement Agreement, which is incorporated herein by reference. 2. The Court has subject matter jurisdiction over the action and retains jurisdiction for purposes of enforcing and interpreting the Settlement Agreement. 3. The following Settlement Class is certified under Rule 23(b)(1) of the Federal Rules of Civil Procedure for purposes of the Settlement: All participants and beneficiaries of the NRECA 401(k) Pension Plan at any time from July 25, 2013 through July 31, 2020 excluding members of the Insurance and Financial Services Committee, NRECA’s Board of Directors, and the Plan Administrator. 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 Plan 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)Preliminary Approval Order, Settlement Notices were Notice was timely distributed by electronic or 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 Settlement Notice was published on the Settlement Website maintained by Class Members. In total, % were ultimately returned as undeliverableCounsel. In addition, pursuant to the Class Action Fairness Act, 29 28 U.S.C. § 1711, et seq., notice was provided to the Attorneys General for each of the states in which a Class Member resides and resides, the Attorney General of the United States, and the United States Secretary of Labor. 73. The form and methods of notifying the Settlement Class Members of the terms and conditions of the proposed Settlement Agreement met the requirements of Rules Fed. R. Civ. P. 23(c)(2) and (e), any other applicable law, and due process, and constituted the best notice practicable under the circumstances. Due ; and due and sufficient notice 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. 84. 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 was negotiated at arm’s length only after Class Counsel had received pertinent information and documents from Defendants; B. The Settling Parties were well positioned to evaluate the value All requirements of the Class Action; C. If the Settlement had not been achievedAction Fairness Act, both Plaintiffs and Defendants faced the expense28 U.S.C. § 1711, risket seq., and uncertainty of extended litigation; D. The amount of the Settlement ($10,000,000) 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;met. E. The Class Representatives have actively and independently participated in the Class Action; F. The Class Representatives and Class Counsel have concluded that the Settlement Agreement is fair, reasonable and adequate; G. 5. Class Members had the opportunity to be heard on all issues regarding the Settlement resolution and release of their claims by submitting objections to the Settlement Agreement to the Court; and. H. There were objections 6. Each and every objection to the settlement. of those objections were timely. The Court has considered all of them and has Settlement is overruled them with prejudice. I. The Settlement was reviewed by an independent fiduciary, , who has approved the Settlement. 97. The Motion for Final Approval of the Settlement Agreement is hereby GRANTED, the Settlement of the Class Action Litigation is APPROVED as fair, reasonable reasonable, and adequate to the Plan Plans and the Settlement Class, and the Settling Parties are hereby directed to take the necessary steps to effectuate the terms of the Settlement Agreement. 8. The operative complaint and all claims asserted therein in the Litigation are hereby dismissed with prejudice and without costs to any of the Settling Parties and Released Parties other than as provided for in the Settlement Agreement. 9. The Plans, the Class Representatives, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, predecessors, successors, assigns, agents, and attorneys) hereby fully, finally, and forever settle, release, relinquish, waive, and discharge all Released Parties (including Defendants) from the Released Claims, regardless of whether or not such Class Member receives a monetary benefit from the Settlement, executed and delivered a Former Participant Claim Form, filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Member have been approved or allowed. 10. The Class Representatives, the Class Members, and the Plans acting individually or together, or in combination with others, are hereby barred from suing or seeking to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration, or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the Settlement Agreement in accordance with the procedures set forth in the Settlement Agreement. 11. Class Counsel, the Class Representatives, the Class Members, or the Plans may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Defendants and the other Released Parties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, each Class Representative each Class Member, and the Plans has and have hereby fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Class Representatives, Class Members, and the Plans have hereby acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the Settlement Agreement of which this release is a part. 12. The Class Representatives, Class Members, and the Plans hereby settle, release, relinquish, waive, and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including without limitation, Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her would have materially affected his or her settlement with the debtor or released party.” The Class Representatives, Class Members, and the Plans with respect to the Released Claims also hereby waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code. 13. The Court finds that it has subject matter jurisdiction over the claims herein and personal jurisdiction over Class Members herein pursuant to the provisions of ERISA, and expressly retains that jurisdiction for purposes of enforcing this Final Order and the Settlement Agreement. Any motion to enforce paragraphs 8 through 12 of this Final Order or the Settlement Agreement, including by way of injunction, may be filed in this Court, and the provisions of the Settlement Agreement and/or this Final Order may also be asserted by way of an affirmative defense or counterclaim in response to any action that is asserted to violate the Settlement Agreement. 14. Each Class Member shall hold harmless Defendants, Defense Counsel and the Released Parties for any claims, liabilities, attorneys’ fees and expenses arising from the allocation of the Gross Settlement Amount or Net Settlement Amount and for all tax liability and associated penalties and interest as well as related attorneys’ fees and expenses. 15. The Settlement Administrator shall have final authority to determine the share of the Net Settlement Amount to be allocated to each Current Participant and each Authorized Former Participant. 16. With respect to payments or distributions to Authorized Former Participants, all questions not resolved by the Settlement Agreement shall be resolved by the Settlement Administrator in its sole and exclusive discretion.

Continuance of Hearing. The Court may adjourn, modify, or continue the Fairness Hearing in its discretion without further direct notice to the Class MembersSettlement Class, other than by notice to Class Counsel and Defense Counsel. In such event, notice and any Settlement Class Member wishing to appear should check the Court’s docket or call the Clerk’s office three (3) calendar days before the scheduled date of the same shall be provided through the Settlement WebsiteFairness Hearing. IT IS SO ORDEREDDATED: , 2021 HON. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA [PROPOSED] ORDER ON PLAINTIFFS’ MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT 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 ascribed to them JUDGE If you are currently a participant in the Settlement Agreement. 2. The Court has subject matter jurisdiction over WakeMed Retirement Savings Plan or any other defined contribution plan sponsored by WakeMed (collectively, the action and retains jurisdiction for purposes of enforcing and interpreting “Plan”), or were a participant in the Settlement Agreement. 3. The following Settlement Class is certified under Rule 23(b)(1) of the Federal Rules of Civil Procedure for purposes of the Settlement: All participants and beneficiaries of the NRECA 401(k) Pension Plan at any time from July August 25, 2013 through July 312014 to , 2020 excluding members 2021 [the date of the Insurance Preliminary Approval Order], you are a part of a class action settlement.1  A Settlement has been reached in a class action lawsuit against WakeMed. The class action lawsuit involves whether WakeMed complied with its fiduciary duties under the Employee Retirement Income Security Act of 1974 (“ERISA”) in managing the defined contribution plans WakeMed sponsored for employees, including the WakeMed Retirement Savings Plan. WakeMed denies any wrongdoing, but agreed to settle this case to avoid the high costs of defense and Financial Services Committeeto allow staff to remain focused on caring for patients during a global pandemic.  You are included as a Settlement Class Member if you are currently a Plan participant, NRECAor if you were a Plan participant at any time from August 25, 2014 through , 2021 [the date of entry of the Preliminary Approval Order] (the “Settlement Class Period”), or if you are a Beneficiary or Alternate Payee of a Plan participant.  WakeMed, through its insurance provider, has agreed to pay $975,000.00 into a settlement fund and has also agreed to certain nonmonetary terms concerning WakeMed’s Board future evaluation of Directorsservice providers for the Plan. Settlement Class Members are eligible to receive a pro rata share of the Settlement Amount remaining after payment of notice and administrative expenses, taxes and tax expenses, attorneys’ fees and expenses that the Court awards to Class Counsel and to the Plaintiffs as service awards (the “Net Settlement Amount”). The amount of each Settlement Class Member’s payment is based on his or her average Plan account balance during the Settlement Class Period and the duration of participation in the Plan Administrator. The Court finds that this during the Settlement Class meets all Period. Payments to Current Participants will be deposited into their respective Plan accounts. Payments to Authorized Former Participants, Beneficiaries and Alternate Payees will be made directly by check.  Please read this notice carefully. Your legal rights are affected whether you act or do not act. 1 All capitalized terms used in this Notice, not otherwise defined herein shall have the meanings provided in the Settlement Agreement dated April 22, 2021 (“Settlement Agreement”), which can be found at xxx.XxxxXxxXXXXXXxxxxxxxxx.xxx. DO YOU NEED TO FILE A CLAIM? If you are a Current Participant, you do not need to submit a claim in order to get a share of the requirements Net Settlement Fund. If you are a Former Participant, you must submit a Former Participant Claim Form in order to get a share of Rule 23(athe Net Settlement Fund. OBJECT BY [DATE, tobe set by the Preliminary Approval Order, at least 21 days before the Fairness Hearing] If you wish to object to any part of the Settlement, Class Counsel’s request for attorneys’ fees and expenses, or the proposed service awards to the Plaintiffs, you may (as discussed below) and 23(b)(1). 4write to the Court to explain why you object. Pursuant to Rules 23(e)(1)(A) and (C)Please note that if you object, the Court hereby approves has authorized the parties to seek discovery from you, including requests for documents and confirms the Settlement and the terms therein as being fair, reasonable, and adequate appearance at a deposition. ATTEND A HEARING If you submit a written objection to the Plan Court and counsel before the Class Members. 5. The deadline above, you may ask to speak at a hearing in Court hereby approves about the Settlement and orders that the Settling Parties take all necessary steps to effectuate the terms fairness of the Settlement Agreement. 6Settlement. In accordance with You may attend the Court’s Ordershearing even if you do not file a written objection, but you will not be permitted to address the Court at the hearing unless you notify the Court and as reflected in counsel by [10 days before the information from Fairness Hearing], 2021, of your intention to appear at the Settlement Administrator (Analytics Consulting LLC)hearing. DO NOTHING If you are a Current Participant, 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., notice was provided to the Attorneys General for each you will get a share of the states in Net Settlement Fund to which a Class Member resides you are entitled and will give up your rights to xxx WakeMed about 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. Due and sufficient notice 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 was negotiated at arm’s length only after Class Counsel had received pertinent information and documents from Defendants; B. The Settling Parties were well positioned to evaluate the value of the Class Action; C. If the Settlement had not been achieved, both Plaintiffs and Defendants faced the expense, risk, and uncertainty of extended litigation; D. The amount of the Settlement ($10,000,000) is fair, reasonable, and adequate. The Settlement amount is within the range of reasonable settlements that would have been appropriate allegations in this case. If you are a Former Participant, based on the nature and do not submit a Former Participant Claim Form, you will not get a share of the claims, Net Settlement Fund and will give up your rights to xxx WakeMed about the potential recovery, the risks of litigation, and settlements that have been approved allegations in other similar cases; E. The Class Representatives have actively and independently participated in the Class Action; F. The Class Representatives and Class Counsel have concluded that the Settlement Agreement is fair, reasonable and adequate; G. 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 H. There were objections to the settlement. of those objections were timely. The Court has considered all of them and has overruled them with prejudicethis case. I. The Settlement was reviewed by an independent fiduciary, , who has approved the Settlement. 91. The Motion for Final Approval What is this notice and why should I read it? A court authorized this notice to let you know about a proposed settlement of the Settlement Agreement is hereby GRANTED, the Settlement of the Class Action is APPROVED as fair, reasonable and adequate to the Plan and the Settlement Class.a class action lawsuit called Xxxxx