Common use of Preliminary Approval Order; Issuance of Class Notice Clause in Contracts

Preliminary Approval Order; Issuance of Class Notice. The Court shall issue the Preliminary Approval Order, substantially in the form annexed as Exhibit 4 hereto. Subject to the requirements of the Preliminary Approval Order, Plaintiff shall cause the Class Notice to be disseminated to the Class Members and shall post the Class Notice on a website at least ninety (90) days before the Fairness Hearing. The Parties will seek to set the Fairness Hearing for a date on or after September 8, 2020, which shall be at least ninety (90) days after the mailing of the Class Notice. The Parties will request that MRMC provide, or cause to be provided by the recordkeeper or third-party administrator for the MRMC ESOP, the names, last known mailing addresses of the Class Members, and (1) the number of vested shares of MRMC stock allocated to their ESOP account as of December 10, 2019, (2) if the Class Member received a prior distribution of the Class Member’s entire account balance, the number of vested shares of MRMC stock allocated to their ESOP account as of the date of the prior distribution, and (3) the number of vested shares of MRMC stock allocated to each Class Member’s account as of December 10, 2019 that had been previously allocated to other Class Members’ accounts. The information in the preceding sentence shall be provided to the Settlement Administrator to the extent available with reasonable effort in electronic format, at least twenty-one (21) days prior to the deadline for mailing notice.1 Any reasonable costs incurred by third parties (such as the Settlement Administrator or the MRMC ESOP’s recordkeeper or third-party administrator) associated with the identification of Class Members, the determination of the number of vested shares or the dissemination of the Class Notice shall 1 The Parties acknowledge that any information provided by MRMC for this purpose shall be treated as “Confidential” under the Stipulation and Order for the Production and Exchange of Confidential Information. Plaintiff expressly acknowledges that the information may be used solely to deliver the class notice. be paid from the Settlement Amount, but in no event shall such expenses include any ESOP trustee fees or legal fees incurred by MRMC.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

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Preliminary Approval Order; Issuance of Class Notice. The Court shall issue the Preliminary Approval Order, substantially in the form annexed as Exhibit 4 1 hereto. Subject to the requirements of the Preliminary Approval Order, Plaintiff Plaintiffs shall cause the Class Notice to be disseminated to the Class Members and shall post the Class Notice on a website for the Settlement Class at least ninety (90) days before the Fairness Hearing. The Parties will seek to set the Fairness Hearing for a date on or after September 8, 2020, which shall be at least one hundred twenty (120) days after the mailing of the Class Notice to the Settlement Class and at least ninety (90) days after the date of mailing of notice under the Class NoticeAction Fairness Act of 2005, PL 109-2 (2005) (“CAFA”). The Parties will request that MRMC ISCO provide, or cause to be provided by the recordkeeper or third-party administrator for the MRMC ESOPprovided, the names, last known mailing addresses of the Settlement Class Membersmembers, and (1) the number of vested shares of MRMC ISCO stock allocated to their ESOP account as of December 10(1) the day prior to the Plan’s termination, 2019, or (2) if the Class Member received a prior distribution of the Class Member’s entire account balance, the number of vested shares of MRMC ISCO stock allocated to their ESOP account as of the date of the prior distribution, and (3) the number of vested shares of MRMC stock allocated to each Class Member’s account as of December 10, 2019 that had been previously allocated to other Class Members’ accounts. The information in the preceding sentence shall be provided to the Settlement Administrator to the extent available with reasonable effort in electronic format, at least twenty-one (21) days prior to the deadline for mailing notice.1 Any reasonable additional costs associated with the Class Notice and Settlement that are incurred by ISCO from third parties (such as the Settlement Administrator or the MRMC ESOP’s recordkeeper or third-third party administrator) associated with the identification of Class Members, the determination of the number of vested shares or the dissemination of the Class Notice shall 1 The Parties acknowledge that any information provided by MRMC for this purpose shall be treated as “Confidential” under the Stipulation and Order for the Production and Exchange of Confidential Information. Plaintiff expressly acknowledges that the information may be used solely to deliver the class notice. be paid from the Settlement AmountFund, but in no event shall such expenses include any ESOP trustee fees or legal fees incurred by MRMCISCO with Xxxxxx Xxxxx.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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Preliminary Approval Order; Issuance of Class Notice. The Court shall issue the Preliminary Approval Order, substantially in the form annexed as Exhibit 4 1 hereto. Subject to the requirements of the Preliminary Approval Order, Plaintiff Plaintiffs shall cause the Class Notice to be disseminated to the Class Members and shall post the Class Notice on a website for the Settlement Class at least ninety (90) days before the Fairness Hearing. The Parties will seek to set the Fairness Hearing for a date on or after September 8, 20202021, which shall be at least ninety (90) days after the mailing of the Class NoticeNotice to the Settlement Class and at least ninety (90) days after the date of mailing of notice under the Class Action Fairness Act of 2005, PL 109-2 (2005) (“CAFA”). The Parties will request that MRMC Sta- Home provide, or cause to be provided by the recordkeeper or third-party administrator for the MRMC ESOPprovided, the names, last known mailing addresses of the Settlement Class Membersmembers, and (1) the number of vested shares of MRMC Sta-Home stock allocated to their ESOP account as of December 10(1) the day prior to the Plan’s termination, 2019, or (2) if the Class Member received a prior distribution of the Class Member’s entire account balance, the number of vested shares of MRMC Sta-Home stock allocated to their ESOP account as of the date of the prior distribution, and (3) the number of vested shares of MRMC stock allocated to each Class Member’s account as of December 10, 2019 that had been previously allocated to other Class Members’ accounts. The information in the preceding sentence shall be provided to the Settlement Administrator to the extent available with reasonable effort in electronic format, at least twenty-one (21) days prior to the deadline for mailing notice.1 Any reasonable additional, reasonable, costs associated with the Class Notice and Settlement that are incurred by Sta-Home from third parties (such as the Settlement Administrator or the MRMC ESOP’s recordkeeper or third-former third- party administrator) associated with the identification of Settlement Class Members, the determination of the number of vested shares or the dissemination of the Class Notice shall 1 The Parties acknowledge that any information provided by MRMC for this purpose shall be treated as “Confidential” under the Stipulation and Order for the Production and Exchange of Confidential Information. Plaintiff expressly acknowledges that the information may be used solely to deliver the class notice. be paid from the Settlement AmountFund, but in no event shall such expenses include any ESOP trustee Trustee fees or legal fees incurred by MRMCSta-Home.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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