Settlement Class Representatives. For purposes of the Settlement only, the Court finds and determines, pursuant to Rule 23(a) of the Federal Rules of Civil Procedure, that plaintiffs identified in Exhibit B to the Settlement Agreement (“Settlement Class Representatives”) will fairly and adequately represent the interests of the Settlement Class in enforcing their rights in the Action and appoints them as Settlement Class Representatives. The Court further finds that plaintiffs Xxxx Xxxxxxxxx, Xxxxxx Xxxxxxxx, and Xxxxx Xxxxx will also fairly and adequately represent the interests of the California Settlement Subclass in enforcing their rights in the Action and appoints them as Settlement Class Representatives for the California Settlement Subclass. The Court preliminarily finds that they are similarly situated to absent Settlement Class Members and are therefore typical of the Settlement Classes, and that they will be adequate class representatives.
Settlement Class Representatives. The Parties agree that, for settlement purposes
(1) Retry Class: Xxxxx X. Xxxxxxxxx; (2) APPSN Class: Xxxxxx York.
Settlement Class Representatives approval of this Settlement Agreement, and Settlement Class Counsel’s support of the Settlement Agreement, are not contingent on Settlement Class Counsel making an application for a Fee and Expense Award or a Common Benefit Award, or this Court approving any application for a Fee and Expense Award or the court in the People’s Action approving any application for a Common Benefit Award.
Settlement Class Representatives on behalf of the Settlement Class and the Plan, agree to settle and fully resolve the Claims asserted in the ERISA Action against the Settling Defendants for the Settlement Amount.
3.1 In consideration of all the promises and agreements set forth in this Settlement Agreement, the Underwriters and the Company have caused the Settlement Amount to be deposited into the Settlement Fund. Interest earned on the Settlement Amount shall be applied to the expenses of settlement administration, if any, or otherwise shall accrue for the benefit of the Settlement Class. The Settlement Fund shall be invested only in United States Treasury securities, and/or securities issued by government entities backed by the full faith and credit of the United States Treasury, and/or securities of United States Government Sponsored Enterprises that carry a rating of Aaa, and money market mutual funds that invest exclusively in the foregoing securities.
3.2 The Settlement Fund shall be structured and managed to qualify as a Qualified Settlement Fund under Section 468B of the Internal Revenue Code and Treasury regulations promulgated thereunder and shall make tax filings and provide reports to Lead Counsel for tax purposes. The Settling Parties shall not take a position in any filing or before any tax authority inconsistent with such treatment.
3.3 The Settlement Amount shall be the full and sole monetary payments made by or on behalf of the Settling Defendants and the Underwriters to the Settlement Class in connection with the Settlement. Nothing herein or in the Settlement Agreement shall bar, or otherwise affect, any claims between or among the Named Settling Defendants.
Settlement Class Representatives on behalf of the Settlement Class and the Plan, agree to settle and fully resolve the Claims asserted in the ERISA Action against all Settling Defendants (except Defendants Xxxxxxx X. Xxxxxxx and Xxxxxxx X. Xxxxxx) for the Settlement Amount, against Defendant Scrushy for the Supplemental Settlement Amount, and against Defendant Xxxxxx for the Xxxxxx Supplemental Settlement Amount, as set forth below.
3.1 In consideration of all the promises and agreements set forth in the Amended Settlement Agreement, Defendants Scrushy and Xxxxxx, the Underwriters, and the Company shall have caused their respective portions of the Settlement Amount, Supplemental Settlement Amount, and Xxxxxx Supplemental Settlement Amount to be deposited into the Settlement Fund in the manner set forth in the Amended Settlement Agreement; except that the Company’s obligation to contribute $1,000,000 from the Bonus Judgment is subject to the conditions set forth in section 1.40.1.
Settlement Class Representatives. “Settlement Class Representatives” means Plaintiffs Xxxxx X. Xxxxx, Xxxxxx Xxxxx, Xxxxxx XxXxxxxx, Xxxxx X. Xxxxx, Xxxxxxx Xxxxxx, Xxxxx Xxxxxx, Xxxxx X. Xxxx, Xxxxxxx Xxxxxxx, Xxxx Xxxxxxxx, Xxxxxx Xxxxx, Xxxxx Xxxxxxxx, Xxxxx Xxxxx, Xxxxxxx Xxxxxx, Xxxxxxx Xxxxx, Xxxxx Xxxx, Xxxxx Malske, Xxxxxx Xxx, Xxxxx Xxxxxxxxxx, Xxxxxx Xxxxxx, and Xxxx X. Xxxx.
Settlement Class Representatives. The named plaintiffs in the Financial Institutions Complaint attached as Exhibit 7.
Settlement Class Representatives. Class Counsel, and Settlement Class Members will not seek in excess of the sums specified in Paragraph 7.1, and in any event, they agree that Defendants shall not pay, nor be obligated to pay, any sum in excess of the cap amounts specified in Paragraph 7.1. In furtherance of the agreements in Paragraph 7, in the event of any objections to the Settlement or appeal from any order of the Court granting final approval or final judgment, Class Counsel agree that they will be responsible for responding to objectors and intervenors, and defending the Court’s Final Approval Order and Final Judgment on appeal, if any, at their own cost. Defendants reserve the right to respond to objectors and intervenors, and to join in the defense of the Final Approval Order and Final Judgment. Any costs incurred by Class Counsel in such appeals, including costs incurred to settle any claims by objectors or intervenors, are the sole responsibility of Class Counsel. No Person may seek to recover such costs from Defendants.
Settlement Class Representatives. Fort XxXxxxxxx Credit Union, Midwest America Federal Credit Union, and Gulf Coast Bank & Trust Company.
Settlement Class Representatives. Solely for the purposes of settlement, the Parties stipulate to Xxxxxxx Xxxxx, Xxxxx Xxxxxx, Xxxxxxxx Xxxxxxxx and Xxxxx Xxxxx being appointed as settlement class representatives and that the requirements of I. R. CIV. P. 1.262(2)(c) are satisfied.
