Notice and Settlement Hearing. 1. Defendants shall identify all Settlement Class Members and will provide to the Claims Administrator, within five (5) business days after Preliminary Approval of this Settlement Agreement, the name and last known address of each Settlement Class Member. This information will be provided in a computer readable format acceptable to the Claims Administrator. For Settlement Class Members for whom the Notice is returned to the Claims Administrator, Defendants will provide a Social Security number within two (2) business days to the Claims Administrator to allow the Claims Administrator to expeditiously locate the Settlement Class Member’s new location. The Claims Administrator shall utilize such Settlement Class Members’ Social Security numbers only for the purpose of locating and identifying Settlement Class Members and shall keep those Social Security numbers confidential. The information provided to the Claim Administrator shall be confidential and not shared with Class Counsel. 2. Within twelve (12) business days after Preliminary Approval of the Settlement Agreement, the Claims Administrator will mail the Notice to each Settlement Class Member in the form agreed upon by the parties or such other form as approved by the Court. Such notice shall be done by first class U.S. mail to each Settlement Class Member’s last known address. The parties intend to provide actual notice to each Settlement Class Member, to the extent practicable. The Claims Administrator shall mail a Claim Form to each Settlement Class Member at the same time the Notice is sent.

Notice and Settlement Hearing. 1. MS-GWMG shall identify all Class Members and will provide to the Claims Administrator, within ten (10) days after Preliminary Approval of this Settlement Agreement, the name, social security number, and last known address of each Class Member. MS-GWMG will ask each Class Member who is a current employee of MS- GWMG via electronic mail to confirm that the Firm has their current home address. The Claims Administrator shall utilize Class Members’ social security numbers only for the purpose of locating and identifying Class Members and shall keep those social security numbers confidential. 2. Within twenty (20) days after Preliminary Approval of the Settlement Agreement, the Claims Administrator will mail the Notice to each Class Member in the form agreed upon by the parties or such other form as approved by the Court. The parties intend to provide actual notice to each Class Member, to the extent practicable. The Claims Administrator shall mail a Claim Form to each Class Member at the same time the Notice is sent. 3. The Claims Administrator shall provide to Lead Class Counsel a list of those Class Members who have not been located and the Claims Administrator may engage third party vendors in order to locate Class Members. The Claims Administrator will maintain a log of its activities undertaken pursuant to this section. 4. Class Member objections to this Settlement Agreement must be submitted in writing, and must include a detailed description of the basis of the objection. Objections must be filed with the Court, with copies served on Lead Class Counsel and counsel for Xxxxxx Xxxxxxx, within forty-five (45) days after the Notice is mailed to Class Members. No one may appear at the Settlement Hearing for the purpose of objecting to the Settlement Agreement without first having filed and served his or her objection(s) in writing within forty-five (45) days after the Notice was mailed to Class Members. 5. Any Class Member who wishes to opt out of the Settlement Class must mail to Lead Class Counsel and counsel for Xxxxxx Xxxxxxx a written, signed statement that she or he is opting out, as set forth below. Lead Class Counsel shall file with the Court all opt-out statements that are timely received. The Settlement Class will not include those individuals who file and serve a timely opt-out statement, and individuals who opt out are not entitled to any monetary award under this Settlement Agreement. With respect to each such individual, the statute of limita...

Notice and Settlement Hearing. A. Class Counsel shall file the Motion for Preliminary Approval with the Court by June 21, 2013. The motion shall request entry of a preliminary approval order (the “Preliminary Approval Order”). Such Preliminary Approval Order shall include, among other things: (1) the preliminary approval of the settlement set forth in this Settlement Agreement as fair, reasonable and adequate and in the best interests of Consumers; (2) the preliminary certification of a Settlement Class for purposes of settlement; (3) approval of a Notice Plan, including when the Notice shall be disseminated and the length of the Notice Period, (4) approval of a Distribution Plan that includes the time period during which eligible Consumers can object, exclude themselves, and/or obtain credits and/or a check, and (5) a schedule for a hearing by the Court after notice is given (the “Settlement Hearing”) to approve the settlement of the litigation initiated by the Complaint, as set forth herein. At least five (5) days prior to filing their Motion for Preliminary Approval, Class Counsel shall provide a copy of such motion (including all exhibits and attachments of such motion) to the Settling Defendants for review and comment. B. Class Counsel will provide the Settling Defendants a substantially final copy of the Notice Plan, including the Notice, at least five (5) business days prior to filing the Motion for Preliminary Approval. C. Class Counsel shall disseminate Notice of the Settlement Agreement to potentially affected Consumers as soon as practicable after entry of the Preliminary Approval Order. The Settling Parties contemplate a Notice Period of at least forty-five (45) days, unless another time period is set by the Court. D. Within thirty (30) days following the conclusion of the Notice Period, Class Counsel shall file with this Court a motion seeking entry of a Final Approval Order and Judgment: (1) fully and finally approving the Settlement as fair, reasonable and adequate;

Notice and Settlement Hearing. 1. The Employer will identify all Identifiable Class Members and will provide to the Claims Administrator, no later than December 28, 2015, the name, social security number, and last known email address and the last known mailing address of each Class Member, the dates of employment, dates of regular nine month faculty positions, annual salary as of the date of Preliminary Approval, dates of known FMLA-qualifying leave(s) events and known dates of leave taken in conjunction with the FMLA-qualifying leave(s) events. There are approximately 44 Identifiable Class Members based on changes to benefits enrollments indicating the employee added a new minor dependent. 2. No later than December 28, 2015, in addition to identifying the known Class Members, the Employer will provide to the Claims Administrator the name, social security number or NMSU banner ID number, and last known email address of all currently employed regular nine month faculty members and the last known mailing address of each formerly employed regular nine month faculty member (for the period of April 29, 2011 through the date of Preliminary Approval) who could be an eligible Class Member if he/she had an FMLA-qualifying event related to the birth or placement of a child, regardless of whether the faculty member previously notified the Employer of the existence of an FMLA- qualifying parental leave. The regular nine month faculty members (approximately 800 people) shall be provided with a short, mutually agreed upon communication, including an electronic link to the Claim Form and contact information for the Claims Administrator, for the purpose of providing an opportunity for regular nine month faculty members whose qualifying parental-leaves may be otherwise unknown to the Employer to be informed of the Settlement and participate in it. In addition to the Identifiable Class Members, those regular nine month faculty members who notify the Claims Administrator that they had an FMLA- qualifying parental leave will be added to the list of Identifiable Class Members and provided with the Notice. The Claims Administrator may require additional information from the faculty members, Class Counsel and/or the Employer to verify that the additional faculty members meet the Class Definition or resolve discrepancies. It is estimated that there are approximately 9 additional regular nine month faculty members who may meet the Class Definition and who are therefore Class Members. 3. No later than January 11...

Notice and Settlement Hearing. Promptly upon the execution of this Agreement, Class Counsel will file a motion for preliminary approval of the Settlement with the Court.

Notice and Settlement Hearing. A. Within 14 days after execution of this Settlement Agreement, Liaison Counsel for Plaintiff States shall file a motion for Preliminary Approval of the Settlement Agreement with the Court. This motion shall include this Settlement Agreement and attachments, a proposed Notice Plan, the Plaintiff States’ Consumer Distribution Plan and the Preliminary Approval Order. The Preliminary Approval Order shall be substantially in the form of Attachment 3. B. Within ninety (90) days after entry by the Court of the Preliminary Approval Order, Liaison Counsel for Plaintiff States shall effectuate the Notice Plan. C. The Parties contemplate a notice period of ninety (90) days, or such other time period as set by the Court (“Notice Period”). Within ninety (90) days following the conclusion of the Notice Period, Liaison Counsel for Plaintiff States shall file with the Court a motion seeking final approval of the Final Judgment and Order. The Final Judgment and Order shall be substantially in the form of Attachment 2. Counsel for all of the Parties shall use all reasonable efforts to obtain the entry of the Final Judgment and Order.

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PAYMENT AND SETTLEMENT You shall deliver to the Manager on the date and at the place and time specified in the applicable AAU (or on such later date and at such place and time as may be specified by the Manager in a subsequent Wire) the funds specified in the applicable AAU, payable to the order of Xxxxxxx Xxxxx Xxxxxx Inc., for (i) an amount equal to the Offering Price plus (if not included in the Offering Price) accrued interest, amortization of original issue discount or dividends, if any, specified in the Prospectus or Offering Circular, less the applicable Selling Concession in respect of the Firm Securities to be purchased by you, (ii) an amount equal to the Offering Price plus (if not included in the Offering Price) accrued interest, amortization of original issue discount or dividends, if any, specified in the Prospectus or Offering Circular, less the applicable Selling Concession in respect of such of the Firm Securities to be purchased by you as shall have been retained by or released to you for direct sale as contemplated by Section 3.6 hereof or (iii) the amount set forth or indicated in the applicable AAU, as the Manager shall advise. You shall make similar payment as the Manager may direct for Additional Securities, if any, to be purchased by you on the date specified by the Manager for such payment. The Manager will make payment to the Issuer or Seller against delivery to the Manager for your account of the Securities to be purchased by you, and the Manager will deliver to you the Securities paid for by you which shall have been retained by or released to you for direct sale. If the Manager determines that transactions in the Securities are to be settled through the facilities of DTC or other clearinghouse facility, payment for and delivery of Securities purchased by you shall be made through such facilities, if you are a member, or, if you are not a member, settlement shall be made through your ordinary correspondent who is a member.
Defense and Settlement The Receiver shall have the right, in its discretion, to (i) defend or settle any claim or suit against the Assuming Institution with respect to which the Receiver has indemnified the Assuming Institution in the same manner and to the same extent as provided in Article XII, and (ii) defend or settle any claim or suit against the Assuming Institution with respect to any Liability Assumed, which claim or suit may result in a loss to the Receiver arising out of or related to this Agreement, or which existed against the Failed Bank on or before the Bank Closing Date. The exercise by the Receiver of any rights under this Section 9.3(a) shall not release the Assuming Institution with respect to any of its obligations under this Agreement.
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.
Cashless Settlement Notwithstanding anything to the contrary contained in this Agreement, any Lender may exchange, continue or rollover all or a portion of its Loans in connection with any refinancing, extension, loan modification or similar transaction permitted by the terms of this Agreement, pursuant to a cashless settlement mechanism approved by the Borrower, the Administrative Agent and such Lender.
Objections to Settlement 7.7.1 Only Participating Class Members may object to the class action components of the Settlement and/or this Agreement, including contesting the fairness of the Settlement, and/or amounts requested for the Class Counsel Fees Payment, Class Counsel Litigation Expenses Payment and/or Class Representative Service Payment. 7.7.2 Participating Class Members may send written objections to the Administrator, by fax, email, or mail. In the alternative, Participating Class Members may appear in Court (or hire an attorney to appear in Court) to present verbal objections at the Final Approval Hearing. A Participating Class Member who elects to send a written objection to the Administrator must do so not later than 60 days after the Administrator’s mailing of the Class Notice (plus an additional 14 days for Class Members whose Class Notice was re-mailed). 7.7.3 Non-Participating Class Members have no right to object to any of the class action components of the Settlement.
Clearance and Settlement If the Pricing Agreement specifies that the Securities will clear and settle through one or more clearing systems, the Securities will be eligible for clearance and settlement through such clearing system or systems.
Dispute Settlement 1. A Party may not initiate proceedings under the general dispute settlement provisions of this Agreement regarding a refusal to grant temporary entry under this Chapter unless: (a) the matter involves a pattern of practice; and (b) the business person has exhausted the available administrative remedies regarding the particular matter. 2. The remedies referred to in subparagraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.
Loss Settlement In this Condition D., the terms "cost to repair or replace" and "replacement cost" do not include the increased costs incurred to comply with the enforcement of any ordinance or law, except to the extent that coverage for these increased costs is provided in E.11. Ordinance Or Law under Section I – Property Coverages. Covered property losses are settled as follows: 1. Property of the following types: a. Personal property; b. Awnings, carpeting, household appliances, outdoor antennas and outdoor equipment, whether or not attached to buildings; c. Structures that are not buildings; and d. Grave markers, including mausoleums; 2. Buildings covered under Coverage A or B at replacement cost without deduction for depreciation, subject to the following: a. If, at the time of loss, the amount of insurance in this policy on the damaged building is 80% or more of the full replacement cost of the building immediately before the loss, we will pay the cost to repair or replace, without deduction for depreciation, but not more than the least of the following amounts: (1) The limit of liability under this policy that applies to the building; (2) The replacement cost of that part of the building damaged with material of like kind and quality and for like use; or (3) The necessary amount actually spent to repair or replace the damaged building. b. If, at the time of loss, the amount of insurance in this policy on the damaged building is less than 80% of the full replacement cost of the building immediately before the loss, we will pay the greater of the following amounts, but not more than the limit of liability under this policy that applies to the building: (1) The actual cash value of that part of the building damaged; or (2) That proportion of the cost to repair or replace, without deduction for depreciation, that part of the building damaged, which the total amount of insurance in this policy on the damaged building bears to 80% of the replacement cost of the building. c. To determine the amount of insurance required to equal 80% of the full replacement cost of the building immediately before the loss, do not include the value of: (1) Excavations, footings, foundations, piers, or any other structures or devices that support all or part of the building, which are below the undersurface of the lowest basement floor; (2) Those supports described in (1) above which are below the surface of the ground inside the foundation walls, if there is no basement; and (3) Underground flues, pipes, wiring and drains. d. We will pay no more than the actual cash value of the damage until actual repair or replacement is complete. Once actual repair or replacement is complete, we will settle the loss as noted in 2.a. and b. above. However, if the cost to repair or replace the damage is both: (1) Less than 5% of the amount of insurance in this policy on the building; and (2) Less than $2,500;
Time of Settlement RSUs shall be settled promptly upon expiration of the Restricted Period without forfeiture of the RSUs (i.e., upon vesting), but in any event within 60 days after expiration of the Restricted Period, by delivery of one share of Common Stock for each RSU being settled, or, at the discretion of the Company, the cash equivalent thereof; provided, however, that settlement of an RSU shall be subject to Plan Section 11(k), including if applicable the six-month delay rule in Plan Sections 11(k)(i)(C)(2) and 11(k)(i)(G); provided further, that no dividend or dividend equivalents will be paid, accrued or accumulated in respect of the period during which settlement was delayed. (Note: This rule may apply to any portion of the RSUs that vest after the time you become Retirement eligible under the Plan, and could apply in other cases as well). Settlement of RSUs which directly or indirectly result from adjustments to RSUs shall occur at the time of settlement of, and subject to the restrictions and conditions that apply to, the granted RSUs. Settlement of cash amounts which directly or indirectly result from adjustments to RSUs shall be included as part of your regular payroll payment as soon as administratively practicable after the settlement date for the underlying RSUs, and subject to the restrictions and conditions that apply to, the granted RSUs. Until shares are delivered to you in settlement of RSUs, you shall have none of the rights of a stockholder of the Company with respect to the shares issuable in settlement of the RSUs, including the right to vote the shares and receive actual dividends and other distributions on the underlying shares of Common Stock. Shares of stock issuable in settlement of RSUs shall be delivered to you upon settlement in certificated form or in such other manner as the Company may reasonably determine. At that time, you will have all of the rights of a stockholder of the Company.
Staggered Settlement If upon advice of counsel with respect to applicable legal and regulatory requirements, including any requirements relating to Dealer’s commercially reasonable hedging activities hereunder, Dealer reasonably determines that it would not be practicable or advisable to deliver, or to acquire Shares to deliver, any or all of the Shares to be delivered by Dealer on any Settlement Date for the Transaction, Dealer may, by notice to Counterparty on or prior to any Settlement Date (a “Nominal Settlement Date”), elect to deliver the Shares on two or more dates (each, a “Staggered Settlement Date”) as follows: (i) in such notice, Dealer will specify to Counterparty the related Staggered Settlement Dates (each of which will be on or prior to such Nominal Settlement Date) and the number of Shares that it will deliver on each Staggered Settlement Date; (ii) the aggregate number of Shares that Dealer will deliver to Counterparty hereunder on all such Staggered Settlement Dates will equal the number of Shares that Dealer would otherwise be required to deliver on such Nominal Settlement Date; and (iii) if the Net Share Settlement terms or the Combination Settlement terms set forth above were to apply on the Nominal Settlement Date, then the Net Share Settlement terms or the Combination Settlement terms, as the case may be, will apply on each Staggered Settlement Date, except that the Shares otherwise deliverable on such Nominal Settlement Date will be allocated among such Staggered Settlement Dates as specified by Dealer in the notice referred to in clause (i) above.

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