Parallel Proceedings Sample Clauses

Parallel Proceedings. Pending final determination of whether the Settlement Agreement should be approved, the Named Plaintiffs, every Class Member, and the Plan are prohibited and enjoined from directly, through representatives, or in any other capacity, commencing any action or proceeding in any court or tribunal asserting any of the Released Claims against the Released Parties, including Defendants.
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Parallel Proceedings. Pending final determination of whether the Settlement 27 Agreement should be approved, no Class Member may directly, through representatives, or in any 28 other capacity commence any action or proceeding in any court or tribunal asserting any of the 1 Released Claims against any of the Defendants, the Released Parties, or the Plan.
Parallel Proceedings. Pending final determination of whether the Settlement Agreement should be approved, every Class Member is prohibited and enjoined from directly, through representatives, or in any other capacity, commencing any action or proceeding in any court or tribunal asserting any of the Released Claims against the Defendants, the Released Parties, or the Plan. IT IS SO ORDERED. Dated: Xxx. Xxxxxxx X. Griesbach United States District Judge EXHIBIT 0 Xxxxxx Xxxxxx Xxxxxxxx Xxxxx for the EASTERN District of WISCONSIN If you are or were a participant in the Costco 401(k) Retirement Plan at any time from May 30, 2014 to the present, you may be a part of a class action settlement. IMPORTANT PLEASE READ THIS NOTICE CAREFULLY THIS NOTICE RELATES TO THE PENDENCY OF A CLASS ACTION LAWSUIT AND, IF YOU ARE A CLASS MEMBER, CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS TO OBJECT TO THE SETTLEMENT A Federal Court authorized this notice. You are not being sued. This is not a solicitation from a lawyer. • A Settlement has been reached in a class action lawsuit against Costco Wholesale Corporation, the Costco Wholesale Corporation Board of Directors, and the Costco Benefits Committee (collectively, “Defendants” or “Costco”). The class action lawsuit asserts claims under the Employee Retirement Income Security Act of 1974 ("ERISA") concerning the management, operation and administration of the Costco 401(k) Retirement Plan (the “Plan”). Costco denies all claims made in the lawsuit, and the Court has not determined whether the claims are valid. • You are included as a Class Member if you were a participant, beneficiary, or an alternate payee of the Plan who (1) had a Plan account as of [DATE], or (2) did not have a Plan account as of [DATE], and had a Plan account on or after the last business day of a month on and after May 30, 2014, provided that the Plan account attained a balance in excess of $1,000 for at least 12 months beginning on and after May 30, 2014 (such balance and months to be calculated as of the last business day of a month). • The proposed Settlement provides the following: o Current Participants: Costco has agreed to provide, at no cost to participants, an administrative fee reduction for Current Participants with a value of $3,200,000. Costco will ensure that the Plan Administrative Service Per Capita Recordkeeping Fee deducted from Plan accounts does not exceed $3.25 per Plan account per quarter for as many quarters as it takes for the reduction to equal $3,200,...

Related to Parallel Proceedings

  • Court Proceedings Subject to the terms of this Agreement, First Majestic will cooperate with and assist Silvermex in seeking the Interim Order and the Final Order, including by providing Silvermex on a timely basis any information reasonably required to be supplied by First Majestic in connection therewith. Silvermex will provide legal counsel to First Majestic with reasonable opportunity to review and comment upon drafts of all material to be filed with the Court in connection with the Arrangement, and will give reasonable consideration to all such comments. Subject to applicable Law, Silvermex will not file any material with the Court in connection with the Arrangement or serve any such material, and will not agree to modify or amend materials so filed or served, except as contemplated by this Section 2.6 or with First Majestic’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed; provided, however, that nothing herein shall require First Majestic to agree or consent to any increase in consideration or other modification or amendment to such filed or served materials that expands or increases First Majestic’s obligations set forth in any such filed or served materials or under this Agreement or the Arrangement. Silvermex shall also provide to First Majestic’s legal counsel on a timely basis copies of any notice of appearance or other Court documents served on Silvermex in respect of the application for the Interim Order or the Final Order or any appeal therefrom and of any notice, whether written or oral, received by Silvermex indicating any intention to oppose the granting of the Interim Order or the Final Order or to appeal the Interim Order or the Final Order. Silvermex will ensure that all materials filed with the Court in connection with the Arrangement are consistent in all material respects with the terms of this Agreement and the Plan of Arrangement. In addition, Silvermex will not object to legal counsel to First Majestic making such submissions on the hearing of the motion for the Interim Order and the application for the Final Order as such counsel considers appropriate; provided, however, that Silvermex is advised of the nature of any submissions prior to the hearing and such submissions are consistent with this Agreement and the Plan of Arrangement. Silvermex will also oppose any proposal from any party that the Final Order contain any provision inconsistent with this Agreement, and, if at any time after the issuance of the Final Order and prior to the Effective Date, Silvermex is required by the terms of the Final Order or by Law to return to Court with respect to the Final Order, it shall do so after notice to, and in consultation and cooperation with, First Majestic.

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