Implementation of the Settlement. This Settlement shall be implemented in accordance with the provisions of this Settlement Agreement including Section 2 hereof, and, subject to the provisions of Section 10 hereof, shall be final when the conditions specified in Section 2 have been satisfied or waived.
Implementation of the Settlement. 7. The Parties shall use their best efforts to effectuate this settlement and obtain the Settlement Order, the Quebec Discontinuance Order and the U.S. Dismissal Order completely, promptly and finally.
8. The Ontario Plaintiffs will bring a motion to the Ontario Superior Court of Justice and the Quebec Superior Court for orders approving a notice program regarding the hearing to approve the Settlement and Release and the Quebec Discontinuance Order (the "Notice Program").
9. The Notice Program will be distributed as follows:
(a) Xxxxxx Xxxxxx LLP, Siskinds LLP, Siskinds Desmeules sencrl and Xxxxx Xxxxxxxx ("Class Counsel") shall provide or cause to be provided a copy of the notice (the "Notice") substantially in the form attached hereto as Schedule "C" directly, either electronically or by mail, to all individuals or entities who have contacted Class Counsel and counsel for the plaintiff in the Quebec Action, Siskinds Desmeules sencrl ("Desmeules"), regarding this action, and to any person or entity who requests a copy of the notice, provided such person has furnished his, her or its contact information to Class Counsel;
(b) copies of the Notice will be posted on the websites of Class Counsel;
(c) the Notice will be sent to the Service List in the Sino-Forest CCAA Proceeding;
(d) direct mailing of the Notice to all individuals and entities that have submitted claim forms in connection with the settlement with Ernst & Young LLP; and
(e) copies of the short-form notice (the "Short Form Notice") substantially in the form attached hereto as Schedule "D" will be published in the following publications:
(a) The Globe and Mail, in English, in one weekday print publication; and
(b) La Presse, in French, in one weekday digital publication.
10. The costs of the Notice Program attributable to the Directors Settlement and Release, to a maximum of $50,000, will be paid by Chubb Insurance Company of Canada ("Chubb") pursuant to policy no. DO024464 issued by ACE-INA Insurance (now part of Chubb) (the "ACE Policy") on behalf of the Directors other than W. Xxxxxx Xxxxxx and by W. Xxxxxx Xxxxxx personally from the Class Settlement Fund (defined below) within fifteen (15) days of the costs being incurred irrespective of whether the Settlement and Release is approved by the Court (the "Notice Cost"). If the Settlement and Release is not approved, the Notice Cost will be non-refundable up to $50,000 and the costs of the Notice Program exceeding $50,000 shall be paid by Class C...
Implementation of the Settlement. At a time mutually agreed by the Parties after this Settlement is executed, Class Counsel will bring before the Court the Pre-Approval Application seeking orders that:
