Common use of Plan of Allocation Clause in Contracts

Plan of Allocation. The distribution of the Net Settlement Fund to the Settlement Class members shall be made in accordance with the Plan of Allocation to be proposed by Class Counsel and approved by the Court. 12.4.1. Prior to submission to the Court along with a motion for entry of the Preliminary Approval Order, Plaintiffs shall provide a copy of the Plan of Allocation to Defendants for review and comment. Defendants shall have no responsibility or liability for calculating the amounts payable to the Settlement Class members. Nor shall Defendants have any responsibility or liability for distributing the Net Settlement Fund to the Settlement Class members. 12.4.2. Any and all expenses of the implementation of the Settlement and of the Plan of Allocation shall be paid from the Qualified Settlement Fund. 12.4.3. Notwithstanding anything in this Settlement Stipulation to the contrary, the Plan of Allocation is a matter separate and apart from the Settlement between the Parties, and no decision by the Court concerning the Plan of Allocation shall affect the validity of the Settlement Stipulation or finality of the proposed Settlement in any manner. 12.4.4. The Settlement Administrator shall be responsible for implementing the Plan of Allocation. Upon the calculations being completed and reviewed by Class Counsel: (a) Class Counsel shall direct the Settlement Administrator to provide the calculations to the Recordkeeper and Trustee, as defined in the Plan of Allocation; (b) Class Counsel shall direct the Financial Institution to disburse the Net Settlement Fund applicable to Participants With Active Plan Accounts at the time of distribution of the Final Individual Dollar Recovery, as defined in the Plan of Allocation, to the Recordkeeper and Trustee, as defined in the Plan of Allocation, for distribution in accordance with the Plan of Allocation; and (c) Class Counsel shall direct the Settlement Administrator to disburse the Net Settlement Fund applicable to Participants Without Active Plan Accounts at the time of distribution of the Final Individual Dollar Recovery, as defined in the Plan of Allocation, directly to such Settlement Class members. 12.4.5. In the event that Defendants or Class Counsel determine that it is necessary to modify the Plan of Allocation, Class Counsel and Defendants shall jointly discuss such modification and determine whether the modification is reasonable and appropriate under the circumstances. The Parties will jointly petition the Court for approval of any such material modification. 12.4.6. All inquiries by Settlement Class members concerning the amount distributed to a particular Settlement Class member shall be handled in the first instance by Class Counsel. Class Counsel and Defendants shall work cooperatively to resolve any such inquiries.

Plan of Allocation. The distribution of the Net Settlement Fund to the Settlement Class members shall be made in accordance with the Plan of Allocation to be proposed by Class Counsel and approved by the Court. 12.4.1. Prior to submission to the Court along with a motion for entry of the Preliminary Approval Order, Plaintiffs shall provide a copy of the Plan of Allocation to Defendants for review and comment. Defendants shall have no responsibility or liability for calculating the amounts payable to the Settlement Class members. Nor shall Defendants have any responsibility or liability for distributing the Net Settlement Fund to the Settlement Class members. 12.4.2. Any and all expenses of the implementation of the Settlement and of the Plan of Allocation shall be paid from the Qualified Settlement Fund. 12.4.3. Notwithstanding anything in this Amended Settlement Stipulation to the contrary, the Plan of Allocation is a matter separate and apart from the Settlement between the Parties, and no decision by the Court concerning the Plan of Allocation shall affect the validity of the Amended Settlement Stipulation or finality of the proposed Settlement in any manner. 12.4.4. The Settlement Administrator shall be responsible for implementing the Plan of Allocation. Upon the calculations being completed and reviewed by Class Counsel: (a) Class Counsel shall direct the Settlement Administrator to provide the calculations to the Recordkeeper and Trustee, as defined in the Plan of Allocation; and (b) Class Counsel shall direct seek the Financial Institution Court’s approval to disburse distribute the Net Settlement Fund applicable to Participants With Active Plan Accounts at in accordance with the time of distribution of the Final Individual Dollar Recovery, as defined in Amended Settlement Stipulation and the Plan of Allocation, to the Recordkeeper and Trustee, as defined in the Plan of Allocation, for distribution in accordance with the Plan of Allocation; and (c) Class Counsel shall direct the Settlement Administrator to disburse the Net Settlement Fund applicable to Participants Without Active Plan Accounts at the time of distribution of the Final Individual Dollar Recovery, as defined in the Plan of Allocation, directly to such Settlement Class members. 12.4.5. In the event that Defendants or Class Counsel determine that it is necessary to modify the Plan of Allocation, Class Counsel and Defendants shall jointly discuss such modification and determine whether the modification is reasonable and appropriate under the circumstances. The Parties will jointly petition the Court for approval of any such material modification. 12.4.6. All inquiries by Settlement Class members concerning the amount distributed to a particular Settlement Class member shall be handled in the first instance by Class Counsel. Class Counsel and Defendants shall work cooperatively to resolve any such inquiries.

Plan of Allocation. 9.1. The Plan of Allocation shall be prepared by Co-Lead Class Counsel and submitted to the Court for approval in connection with final approval of the Settlement. The Plan of Allocation shall provide for distribution of the Net Settlement Fund net of the disbursements called for in Sections 7.3.3, 8.1, 9.2, 9.5 and Article 11 (the “Net Proceeds”) to members of the Settlement Class members shall be made in accordance with the Plan of Allocation to be proposed by Class Counsel and approved by the CourtClass. 12.4.1. Prior to submission to the Court along with a motion for entry of the Preliminary Approval Order, Plaintiffs shall provide a copy of the Plan of Allocation to Defendants for review and comment9.2. Defendants shall have no responsibility or liability for calculating structuring the amounts payable content of the Plan of Allocation, but will have the right to review it for feasibility and cost of implementation before submission to the Settlement Class membersCourt. Nor Defendants, their counsel, and the trustee shall Defendants have any responsibility or liability for distributing not be reimbursed from the Net Settlement Fund Proceeds for work they do to the Settlement Class members. 12.4.2. Any and all expenses of the facilitate implementation of the Settlement Plan of Allocation, provided, however, that the Plan and the Plan’s recordkeeper shall be reimbursed from the Net Proceeds for actual and reasonable expenses incurred in implementation of the Plan of Allocation (which Defendants anticipate to be not more than $25,000), in an amount not to exceed $50,000 without prior written notice to and consent of Co-Lead Counsel, and in an amount not to ultimately exceed $75,000. Nothing herein shall be paid from constitute approval or disapproval of the Qualified Settlement FundPlan of Allocation by Defendants, and Defendants shall take no position for or against the Plan of Allocation. 12.4.39.3. Notwithstanding anything in this Settlement Stipulation to the contrary, the The Plan of Allocation is a matter separate and apart from the Settlement between the PartiesSettlement, and no decision by the Court or any appellate court concerning the Plan of Allocation shall affect the validity of the Settlement Stipulation Agreement or the finality of the proposed Settlement in any mannerSettlement. 12.4.49.4. The Co-Lead Class Counsel shall designate and retain a qualified third-party vendor (the “Claims Administrator”) to calculate the amounts payable to the members of the Settlement Administrator shall be responsible for implementing Class pursuant to the Plan of Allocation. Upon The necessary data to perform calculations pursuant to the calculations being completed and reviewed Plan of Allocation shall be provided by Class Counsel: (a) Class Counsel Bear Xxxxxxx or the Plan trustee/recordkeeper. The Plan trustee/recordkeeper shall direct confirm the Settlement accuracy of the data provided. The Claims Administrator to will provide the final results of its calculations to the Recordkeeper Plan. 9.5. The actual and Trustee, as defined reasonable expenses incurred by (i) the Claims Administrator in connection with its performance of its calculations pursuant to the Plan of Allocation; (b) Class Counsel shall direct the Financial Institution to disburse the Net Settlement Fund applicable to Participants With Active Plan Accounts at the time of distribution of the Final Individual Dollar Recovery, as defined in the Plan of Allocation, to the Recordkeeper and Trustee, as defined in the Plan of Allocation, for distribution in accordance with the Plan of Allocation; and (c) Class Counsel shall direct the Settlement Administrator to disburse the Net Settlement Fund applicable to Participants Without Active Plan Accounts at the time of distribution of the Final Individual Dollar Recovery, as defined in the Plan of Allocation, directly to such Settlement Class members. 12.4.5. In the event that Defendants or Class Counsel determine that it is necessary to modify the Plan of Allocation, Class Counsel and Defendants shall jointly discuss such modification and determine whether the modification is reasonable and appropriate under the circumstances. The Parties will jointly petition the Court for approval of any such material modification. 12.4.6. All inquiries by Settlement Class members concerning the amount distributed to a particular Settlement Class member shall be handled in the first instance by Class Counsel. Class Counsel and Defendants shall work cooperatively to resolve any such inquiries.Allocation and

Plan of Allocation. The distribution of the Net Settlement Fund to the Settlement Class members shall be made in accordance with the Plan of Allocation to be proposed by Class Counsel and approved by the Court. 12.4.1. 12.4.1 Prior to submission to the Court along with a motion for entry of the Preliminary Approval Order, Plaintiffs shall provide a copy of the Plan of Allocation to Defendants for review and comment. Defendants shall have no responsibility or liability for calculating the amounts payable to the Settlement Class members. Nor shall Defendants have any responsibility or liability for distributing the Net Settlement Fund to the Settlement Class members. 12.4.2. 12.4.2 Any and all expenses of the implementation of the Settlement and of the Plan of Allocation shall be paid from the Qualified Settlement Fund. 12.4.3. 12.4.3 Notwithstanding anything in this Settlement Stipulation to the contrary, the Plan of Allocation is a matter separate and apart from the Settlement between the Parties, and no decision by the Court concerning the Plan of Allocation shall affect the validity of the Settlement Stipulation or finality of the proposed Settlement in any manner. 12.4.4. 12.4.4 The Settlement Administrator shall be responsible for implementing the Plan of Allocation. Upon the calculations being completed and reviewed by Class Counsel: (a) Class Counsel shall direct the Settlement Administrator to provide the calculations to the Recordkeeper and Trustee, as defined in the Plan of Allocation; (b) Class Counsel shall direct the Financial Institution to disburse the Net Settlement Fund applicable to Participants With Active Plan Accounts at the time of distribution of the Final Individual Dollar Recovery, as defined in the Plan of Allocation, to the Recordkeeper and Trustee, as defined in the Plan of Allocation, Trustee for distribution in accordance with the Plan of Allocation; and (c) Class Counsel shall direct the Settlement Administrator to disburse the Net Settlement Fund applicable to Participants Without Active Plan Accounts at the time of distribution of the Final Individual Dollar Recovery, as defined in the Plan of Allocation, directly to such Settlement Class members. 12.4.5. 12.4.5 In the event that Defendants or Class Counsel determine that it is necessary to modify the Plan of Allocation, Class Counsel and Defendants shall jointly discuss such modification and determine whether the modification is reasonable and appropriate under the circumstances. The Parties will jointly petition the Court for approval of any such material modification. 12.4.6. 12.4.6 All inquiries by the Settlement Class members concerning the amount distributed to a particular Settlement Class member shall be handled in the first instance by Class Counsel. Class Counsel and Defendants shall work cooperatively to resolve any such inquiries.

Plan of Allocation. 9.3.1 At least thirty (31) days prior to the submission of the Plan of Allocation to the Court along with the Final Approval Motion, Class Counsel shall provide a copy of the Plan of Allocation to Defense Counsel for review and comment. 9.3.2 The distribution of the Net Settlement Fund to the Settlement Class members shall be made in accordance with the Plan of Allocation to be proposed by Class Counsel Counsel, reviewed by Defense Counsel, and approved by the Court. 12.4.1. Prior to submission to the Court along with a motion for entry of the Preliminary Approval OrderDefendant Releasees, Plaintiffs shall provide a copy of the Plan of Allocation to Defendants for review Named Plaintiffs, Defense Counsel, and comment. Defendants Class Counsel shall have no responsibility or liability for calculating the amounts payable to the Settlement Class members. Nor , and Defendant Releasees, Named Plaintiffs, Defense Counsel, and Class Counsel shall Defendants have any no responsibility or liability for distributing the Net Settlement Fund to the Settlement Class membersmembers in accordance with the Court-approved Plan of Allocation. 12.4.29.3.3 After the Final Approval Order is Final, the Settlement Administrator or Class Counsel may direct the Escrow Agent to pay from the Qualified Settlement Fund the Net Settlement Fund. 9.3.4 To effectuate the distribution of the Net Settlement Fund to Settlement Class members, the Settlement Administrator shall calculate each Settlement Class member’s Final Individual Dollar Recovery based on the Plan of Allocation approved by the Court and shall provide to the Plan’s recordkeeper and trustee the total amount of the aggregate recoveries for Current Participants. 9.3.5 All inquiries by the Settlement Class members concerning the amount distributed to a particular Settlement Class member shall be handled in the first instance by the Settlement Administrator. Thereafter, Class Counsel and Defense Counsel shall work cooperatively to resolve any such inquiries. 9.3.6 Neither the Parties, Defense Counsel, Class Counsel, nor the Defendant Releasees shall have any responsibility for or liability whatsoever with respect to any tax advice given to the Former Participants or the Current Participants. Deductions will be made, and reporting will be performed, by the Settlement Administrator, as required by law in respect of all payments made under the Settlement Agreement. Payments from the Qualified Settlement Fund shall not be treated as wages by the Parties. 9.3.7 Any and all expenses of Settlement Administration Expenses incurred for the implementation of the Settlement and of the Plan of Allocation shall be paid from the Qualified Settlement Fund. 12.4.39.3.8 In the event that Defense Counsel or Class Counsel determines that it is necessary to modify the Plan of Allocation, Class Counsel and Defense Counsel shall jointly discuss such modification and determine whether the modification is reasonable and appropriate under the circumstances. The Parties will jointly petition the Court for approval of any such material modification. 9.3.9 Notwithstanding anything in this Settlement Stipulation Agreement to the contrary, the Plan of Allocation is a matter separate and apart from the Settlement between the Parties, and no decision by the Court concerning the Plan of Allocation shall affect the validity of the Settlement Stipulation Agreement or finality of the proposed Settlement in any manner. 12.4.49.3.10 The determination of “Current Participants” and “Former Participants” will be based on Settlement Class members’ Plan account balances as of the date the Court enters the Preliminary Approval Order, as long as the “Current Participants” and “Former Participants” data is available at that time. The Settlement Administrator State Street shall be responsible for implementing the Plan of Allocation. Upon the calculations being completed and reviewed by Class Counsel: (a) use its best efforts to provide Class Counsel shall direct with updated information on the Settlement Administrator to provide the calculations names, last known addresses, and email addresses of “Current Participants” and “Former Participants” (to the Recordkeeper and Trustee, as defined in the Plan of Allocation; extent State Street has such information) within thirty (b30) Class Counsel shall direct the Financial Institution to disburse the Net Settlement Fund applicable to Participants With Active Plan Accounts at the time of distribution days of the Final Individual Dollar Recovery, as defined in the Plan of Allocation, to the Recordkeeper and Trustee, as defined in the Plan of Allocation, for distribution in accordance with the Plan of Allocation; and (c) Class Counsel shall direct the Settlement Administrator to disburse the Net Settlement Fund applicable to Participants Without Active Plan Accounts at the time of distribution of the Final Individual Dollar Recovery, as defined in the Plan of Allocation, directly to such Settlement Class membersApproval Order. 12.4.5. In the event that Defendants or Class Counsel determine that it is necessary to modify the Plan of Allocation, Class Counsel and Defendants shall jointly discuss such modification and determine whether the modification is reasonable and appropriate under the circumstances. The Parties will jointly petition the Court for approval of any such material modification. 12.4.6. All inquiries by Settlement Class members concerning the amount distributed to a particular Settlement Class member shall be handled in the first instance by Class Counsel. Class Counsel and Defendants shall work cooperatively to resolve any such inquiries.