NOTICE OF PROPOSED SETTLEMENT Sample Clauses

NOTICE OF PROPOSED SETTLEMENT. 4.1 Following Preliminary Approval of this Settlement Agreement, the Parties shall provide Notice of the proposed Settlement as required by Federal Rule of Civil Procedure 23(e) and as required by the Court. The Parties will recommend to the Court that the Notice be provided as follows: 4.1.1 Comcast will provide notice of the proposed Settlement to Current Subscribers in their monthly xxxx. A summary notice shall be given to all Current Subscribers by including in one complete billing cycle of Comcast bills either a “notice insert” in a form substantially similar to Exhibit “D” or an email in a form substantially similar to Exhibit “E” for Current Subscribers who receive paperless invoices. The summary notice will direct Current Subscribers to a Settlement website that will have a more complete explanation of the Settlement terms. Comcast agrees to manage the process of providing mailed or emailed notice to Current Subscribers in their monthly bills and bear the costs of providing such notice. 4.1.2 Notice of the proposed Settlement will be provided to Former Subscribers by publication of a notice in the newspaper(s) or magazine(s) detailed in Exhibit “F” and on television stations. Class Counsel agrees to manage the process of providing publication notice to Former Subscribers and bear the costs of providing such notice. Comcast shall have the right to make reasonable objection to the timing and placement of any televised notice. If Comcast’s objection remains after conferring with Class Counsel, either Plaintiff or Comcast may promptly bring the issue to the attention of the Court, which will have final say over the objection. 4.1.3 Notice also shall be provided to Class Members by establishing an Internet Settlement website at xxx.xxxxxxxxxxxxxxx.xxx within thirty (30) days of Preliminary Approval that will display, inter alia, the following: (i) a Notice in a form substantially similar to Exhibit “G”; (ii) contact information for Class Counsel, in the form of firm name, attorney name, a phone number, address, e-mail address, and website address; (iii) a complete copy of the Settlement Agreement; (iv) frequently asked questions; and (v) Claim Forms for Current Subscribers and Former Subscribers that can be submitted electronically. Class Counsel agrees to manage the process of providing website notice and bear the costs of providing such notice. 4.2 The Parties will use reasonable efforts to ensure that the summary notice (as referred to in subparagrap...
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NOTICE OF PROPOSED SETTLEMENT. 12.1. The Parties agree that reasonable notice of this Agreement, consistent with law, including the Due Process requirements of the United States Constitution, must be given to the members of the Settlement Class. 12.2. The Parties have developed a notice plan with the prospective Claims Administrator as described in Exhibit 5. 12.3. Notice will be targeted to homeowners, and specifically, to homeowners where the greatest concentration of Siding was sold; to homeowners where Xxxxxx has received its greatest concentration of warranty claims; and to owners of houses known or suspected to have been built with the Siding. Notice will also be targeted to participants in the supply chain (distributors, retailers, builders). 12.4. The Parties have agreed to engage the Claims Administrator to give notice to the Settlement Class. The cost of the Claims Administrator’s notice activities will be paid out of the Settlement Fund. 12.5. Additionally, any Party may also engage in any effort of its own, at any time, to give additional notice, at its own expense. 12.6. Notice will be given over an appropriate time, with two overlapping goals: (1) the intent to maximize Settlement Class Members’ right to be heard prior to the Agreement’s Effective Date, including through objecting or seeking exclusion, and (2) the intent to ensure continued notice throughout the Claims Submission Period so that Claimants whose claims arise in the future are reminded of and remain aware of the availability of benefits under this Agreement. 12.7. Lead Counsel and Xxxxxx may confer on the notice plan and make adjustments as necessary, so as to learn from the response rates to various forms of notice.
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NOTICE OF PROPOSED SETTLEMENT. MPI shall set a record date (the "Record Date"), which shall be no later than the 15th day following entry of the Scheduling Order, to determine the MPI Common Stockholders who shall be entitled to receive the Settlement Notice and to determine the Potential Settlement Class Members who shall be afforded an opportunity to opt out of the Settlement. Promptly after the Record Date, MPI shall cause the Settlement Notice to be sent to the Plaintiff, each Potential Settlement Class Member, and each MPI Common Stockholder as of the Record Date in the manner directed and approved by the Court. Costs of printing, mailing and publication of the Settlement Notice shall be paid by MPI. MPI will instruct its transfer agent to distribute a copy of the Settlement Notice together with any certificates of shares of MPI Preferred Stock that may be issued after the Record Date. The Settlement Notice shall direct brokers, nominees and others who hold of record for the account of another to provide copies of the Settlement Notice to any persons for whose account they purchase MPI Preferred Stock after the Record Date.
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NOTICE OF PROPOSED SETTLEMENT. If the RandH Buyers decide to settle any Product Warranty Claim, then the RandH Buyers will give the Ferro Sellers written notice of such decision. Such notice will provide the Ferro Sellers with (1) full particulars of the Product Warranty Claim, (2) the basis for the RandH Buyers' decision, (3) the payment or credit which the RandH Buyers propose to offer in settlement thereof, and (4) any amount which the RandH Buyers believe they are entitled to recover from the Ferro Sellers or to credit against the RandH Product Warranty Deductible (as defined in Section 8.4(E)(1) below) as a result of such proposed settlement.
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NOTICE OF PROPOSED SETTLEMENT. 4.1 Following Preliminary Approval of this Settlement Agreement, the Parties shall provide Notice of the proposed Settlement as required by Federal Rule of Civil Procedure 23(e) and as required by the Court. The Parties will recommend to the Court that the Notice be provided as follows: 4.1.1 Notice will be provided to Eligible Persons by publication of a notice in the newspaper(s) or magazine(s) detailed in Exhibit E within fourteen (14) days of Preliminary Approval Order. 4.1.2 Notice also shall be provided to Eligible Persons by the Settlement Administrator establishing an Internet Settlement Website at xxx.xxxxxxxxxxxxxxxxxxx.xxx within fourteen (14) days of Preliminary Approval that will display, inter alia, the following: (i) a Notice in a form substantially similar to Exhibit E; (ii) contact information for Class Counsel, in the form of firm name, attorney name, a phone number, address, e-mail address, and website address; (iii) a complete copy of the Settlement Agreement; and (iv) frequently asked questions. 4.1.3 Notice also shall be provided through a Digital Media Campaign, which will target likely Eligible Persons in the St. Louis, Missouri area by placing ads on various digital media platforms notifying likely Eligible Persons of the Settlement, including social media networks, and will contain a link to the case website for additional details, including the Long Form Notice. 4.1.4 Notice also shall be provided by mailed Postcard notice to all known Eligible Persons within fourteen (14) days of Preliminary Approval Order. 4.2 Class Counsel and their co-counsel may also publish the Notice and information about the Settlement, as well as a link to the Settlement Website, on their respective firm’s websites. Additionally, Class Counsel and their co-counsel may advise Plaintiffs and Eligible Persons of the terms of the Settlement and provide assistance in the making of claims thereunder.
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NOTICE OF PROPOSED SETTLEMENT. 6.1 The Settlement Administrator will certify the number and identity of the Settlement Class Members under the Settlement Class definitions, and compile final Settlement Class Member lists for each of the Settlement Classes. To assist in this process, Defendants shall provide, within thirty (30) days after entry of the Preliminary Approval Order, Settlement Class Member lists in readable electronic form to the Settlement Administrator. For each Settlement Class Member, Defendants shall provide, to the extent available, the name and last known address. In preparing the Settlement Class Member lists, Defendants shall use reasonable, good faith efforts to identify Settlement Class Members. The Settlement Administrator shall ensure that the information that it receives from Defendants and Settlement Class Members is secured and managed in such a way as to protect the security and confidentiality of the information, consistent with the privacy policies of Defendants and applicable law. Except as specifically provided in this Agreement, the Settlement Administrator shall not disclose or disseminate any information that it receives from Defendants and Settlement Class Members without the prior written consent of all Parties.
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NOTICE OF PROPOSED SETTLEMENT. 12.1 The cost of notice to Settlement Class Members shall be paid by GAF pursuant to subsection 12.5. Coordinating Class Counsel and GAF agree that reasonable notice consistent with the due process requirements of the United States Constitution shall be given to the Settlement Class pursuant to orders of the Court that so provide. To effectuate such notice, Class Counsel and GAF have agreed to engage Xxxxxxxx Media to advise them with respect to the providing of notice. Such notice shall include, but not be limited to, publication of summary notices as set forth in subsection 12.2 and mailing of long-form notices as set forth in subsection
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Related to NOTICE OF PROPOSED SETTLEMENT

  • PROCEDURE FOR APPROVAL OF SETTLEMENT Acceptance of this Settlement Agreement shall be sought at a hearing of the Central Regional Council of the MFDA on a date agreed to by counsel for Staff and the Respondent.

  • Amicable Settlement The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of this Contract or the breach, termination or invalidity thereof. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the parties.

  • Settlement Notice Upon written request received from the Master Servicer, the Servicer shall provide any report relating to such settlement to the Master Servicer on a Hazard Insurance Loss Draft Notification, together with a summary of the disposition of the proceeds.

  • Full Settlement; Mitigation The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others, provided that nothing herein shall preclude the Company from separately pursuing recovery from the Executive based on any such claim. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts (including amounts for damages for breach) payable to the Executive under any of the provisions of this Agreement, and such amounts shall not be reduced whether or not the Executive obtains other employment.

  • 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.

  • 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.

  • 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.

  • Full Settlement The Company's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and such amounts shall not be reduced whether or not the Executive obtains other employment. The Company agrees to pay as incurred, to the full extent permitted by law, all legal fees and expenses which the Executive may reasonably incur as a result of any contest (regardless of the outcome thereof) by the Company, the Executive or others of the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof (including as a result of any contest by the Executive about the amount of any payment pursuant to this Agreement), plus in each case interest on any delayed payment at the applicable Federal rate provided for in Section 7872(f)(2)(A) of the Internal Revenue Code of 1986, as amended (the "Code").

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