Defendants’ Additional Requested Findings on Final Approval Sample Clauses

Defendants’ Additional Requested Findings on Final Approval. At a time to be set by the Court, Defendants will be entitled to file a motion and memorandum (separate or as part of the motion and memorandum in Paragraph 3) that is filed sufficiently in advance of the Final Approval Hearing requesting that the Court determine in connection with the Final Approval Order that the Net Settlement Amount to be distributed pursuant to the Plan of Allocation constitutes “restorative payments” within the meaning set forth in Internal Revenue Service Revenue Ruling 2002-45 and shall not be subject to the annual limits on contributions under Section 415 of the Internal Revenue Code. Plaintiff will not oppose the relief sought by Defendants’ motion; however, these findings by the Court are not a condition of the Settlement, and in the event that the Court does not make any of the findings requested in this paragraph, that will not be a basis for any Party to withdraw from the Settlement.
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