Common use of Settlement Class Clause in Contracts

Settlement Class. (f) Approve the method of notice to be provided to the Rule 23(b)(3) Settlement Class and the Rule 23(b)(2) Settlement Class in substantially the form described in the Notice Plan and budget contained in Appendix E hereto, including use of the long-form website and mail notice and the publication notice contained in Appendix F hereto, and direct any further notice (and expenses therefor) that the Court may find necessary to provide due process. (g) Approve the procedures in substantially the form described in the Notice Plan and below for members of the Rule 23(b)(3) Settlement Class to become Opt Outs and exclude themselves from the Rule 23(b)(3) Settlement Class, and including the provision of the information specified in Paragraph 84 below, and approve the procedures in substantially the form described in the Notice Plan and below for members of the Rule 23(b)(3) Settlement Class or the Rule 23(b)(2) Settlement Class to object to this Class Settlement Agreement. (h) Schedule a final approval hearing for a time and date convenient for the Court at least two hundred eighty five days after the Court’s entry of the Class Settlement Preliminary Approval Order, at which hearing the Court will conduct an inquiry into the fairness, reasonableness, and adequacy of this Class Settlement Agreement and address any objections to it, and determine whether this Class Settlement Agreement and the Plan of Administration and Distribution should be finally approved, and whether to approve any motions for Attorneys’ Fee Awards, Expense Awards, and Class Plaintiffs’ Awards. (i) Stay all further proceedings in this Action as between the Class Plaintiffs or any other plaintiff in a putative class action consolidated in MDL 1720, and the Defendants or any other defendant in a putative class action consolidated in MDL 1720, except for proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreement, pending the Court’s determination of whether this Class Settlement Agreement should be finally approved or the termination of this Class Settlement Agreement. (j) Enjoin the members of the Rule 23(b)(3) Settlement Class and the Rule 23(b)(2) Settlement Class, pending the Court’s determination of whether this Class Settlement should finally be approved or the termination of this Class Settlement Agreement, from challenging in any action or proceeding any matter covered by this Class Settlement Agreement or its release and covenant not to sue provisions, except for (i) proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreement, and (ii) any Opt Out’s claims for damages based on any conduct, acts, transactions, events, occurrences, statements, omissions, or failures to act of any Rule 23(b)(3) Settlement Class Released Party prior to the date of the Court’s entry of the Class Settlement Preliminary Approval Order.

Settlement Class. (fA) Approve Exchange-Based Plaintiffs will file an application in the method of notice Action pursuant to be provided to the Rule Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure, seeking the certification of the following Settlement Class as to Settling Defendants: All persons, corporations and other legal entities that transacted in Eurodollar futures and/or options on Eurodollar futures on exchanges, including, without limitation, the Rule 23(b)(2) Chicago Mercantile Exchange, between January 1, 2003 and May 31, 2011, inclusive; provided that if Exchange-Based Plaintiffs expand the class period in any subsequent amended complaint, motion or settlement, the period in the Settlement Class definition in substantially this Agreement shall be modified so as to include that expanded class period. Excluded from the form described in the Notice Plan and budget contained in Appendix E heretoSettlement Class are: (i) Defendants, including use of the long-form website and mail notice and the publication notice contained in Appendix F heretotheir employees, affiliates, parents, subsidiaries, and direct alleged co-conspirators; (ii) the Releasees (as defined in Section 1(LL)); (iii) any further notice Settlement Class Member who files a timely and valid request for exclusion; and (and expenses thereforiv) that the Court may find necessary to provide due processany Persons dismissed from this Action with prejudice. (gB) Approve Nothing in this Settlement Agreement constitutes an admission by Settling Defendants as to the procedures in substantially merits of the form described allegations made in the Notice Plan and below for members Action, the validity of any defenses that could be asserted by Settling Defendants, or the Rule 23(b)(3) appropriateness of certification of any class other than the Settlement Class to become Opt Outs and exclude themselves from for settlement purposes only. If the Rule 23(b)(3) Settlement Class, and including the provision of the information specified in Paragraph 84 below, and Court does not finally approve the procedures in substantially the form described in the Notice Plan and below for members of the Rule 23(b)(3) Settlement Class Settlement, or the Rule 23(b)(2) Settlement Class to object to this Class Settlement Agreement. (h) Schedule a final approval hearing for a time and date convenient for the Court at least two hundred eighty five days after if the Court’s entry final approval of the Settlement is reversed or vacated on appeal, or if this Agreement is terminated pursuant to any of its provisions, or if the Settlement otherwise fails to become effective for any reasons, the Parties’ agreement as to certification of the Settlement Class Settlement Preliminary Approval Order, at which hearing shall become null and void ab initio. Neither this Agreement nor any other settlement-related statement by any Defendant may be cited in support of a motion or argument for the Court will conduct an inquiry into certification of any class for litigation purposes in the fairness, reasonableness, and adequacy of this Class Action or otherwise in the Multi-District Litigation. The Settlement Agreement and address any objections is without prejudice to it, and determine whether this Class Settlement Agreement and the Plan of Administration and Distribution should be finally approved, and whether to approve any motions for AttorneysSettling Defendants’ Fee Awards, Expense Awards, and Class Plaintiffs’ Awards. rights to: (i) Stay all further proceedings challenge the Court’s certification of any class in the Action should the Settlement Agreement not be approved or implemented for any reason; (ii) oppose any certification or request for certification in any other proposed or certified class action in the Multi-District Litigation; and/or (iii) challenge the Court’s personal jurisdiction over Settling Defendants for the claims and conduct alleged in the Action should the Agreement not be approved or implemented for any reason.. Further, nothing in this Action as between the Class Plaintiffs Settlement Agreement nor any acts performed pursuant to, or any other plaintiff in a putative class action consolidated in MDL 1720furtherance of, and the Defendants or any other defendant in a putative class action consolidated in MDL 1720, except for proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreement, pending the Court’s determination of whether including but not limited to this Class Settlement Agreement should be finally approved sub-section or the termination Section 7(B) of this Class Settlement Agreement. (j) Enjoin the members of the Rule 23(b)(3) Settlement Class and the Rule 23(b)(2) Settlement Class, pending the Court’s determination of whether this Class Settlement should finally be approved or the termination of this Class Settlement Agreement, shall preclude Settling Defendants from challenging opposing motions, including but not limited to motions for class certification, by other class or non-class plaintiffs in any action or proceeding any matter covered by this Class Settlement Agreement or its release and covenant not to sue provisions, except for (i) proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreement, and (ii) any Opt Out’s claims for damages based on any conduct, acts, transactions, events, occurrences, statements, omissionsthe Multi-District Litigation, or failures to act from asserting any defenses or taking any positions in other class or non-class actions in the Multi-District Litigation (including, but not limited to, any motions or positions that may also affect, or apply to, Exchange-Based Plaintiffs or the Settlement Class), regardless of any Rule 23(b)(3) Settlement Class Released Party prior to whether such actions are currently pending, may be reinstated (including, without limitation, as the date result of an appeal), or may be filed in the Court’s entry of the Class Settlement Preliminary Approval Orderfuture.

Settlement Class. (fPursuant to Rule 23(e) Approve of the method Federal Rules of notice to be provided to Civil Procedure, the Rule 23(b)(3) Settlement Class and the Rule 23(b)(2) Settlement Class in substantially the form described settlement of this Action, as embodied in the Notice Plan and budget contained in Appendix E hereto, including use terms of the long-form website and mail notice and the publication notice contained in Appendix F heretoSettlement Agreement, is hereby finally approved as a fair, reasonable, and direct any further notice (and expenses therefor) that the Court may find necessary to provide due process. (g) Approve the procedures in substantially the form described adequate settlement, in the Notice Plan and below for members best interests of the Rule 23(b)(3) Settlement Class to become Opt Outs and exclude themselves from the Rule 23(b)(3) Settlement Class, and including the provision in light of the information specified in Paragraph 84 belowfactual, legal, practical and approve procedural considerations raised by this case, with the procedures in substantially Settlement Class comprised of all persons: a) who financed the form described purchase of a motor vehicle for consumer use through BANA by means of an installment sale contract, or who financed the purchased through another entity but such installment sale contract was thereafter assigned to BANA; b) from whom XXXX, as the secured party, repossessed the vehicle or ordered it repossessed; c) who had a Pennsylvania address as of the date of repossession; d) who were sent a Notice of Plan to Sell Property or equivalent post-repossession notice of rights which set forth a day after which the collateral may be sold; e) in the Notice Plan and below for members period commencing December 23, 2016 through February 16, 2024; and f) where such person’s RISC contains a choice of law provision electing Pennsylvania as the governing law. The Class does not include any individual who validly opted out of the Settlement pursuant to the Settlement Agreement. Having considered the Parties’ briefing and hearings before the Court, the Court finds, for settlement purposes only, that class certification under Federal Rule 23(b)(3of Civil Procedure 23(a) and (b)(3) is appropriate in that, in the settlement context: (a) the Settlement Class or the Rule 23(b)(2) Members are so numerous that joinder of all Settlement Class Members in the class action is impracticable; (b) there are questions of law and fact common to object to this the Settlement Class Settlement Agreement. which predominate over any individual question; (hc) Schedule a final approval hearing for a time and date convenient for the Court at least two hundred eighty five days after the Court’s entry claims of the Class Settlement Preliminary Approval Order, at which hearing Representatives are typical of the Court will conduct an inquiry into claims of the fairness, reasonableness, and adequacy of this Class Settlement Agreement and address any objections to it, and determine whether this Class Settlement Agreement and the Plan of Administration and Distribution should be finally approved, and whether to approve any motions for Attorneys’ Fee Awards, Expense Awards, and Class Plaintiffs’ Awards. Class; (id) Stay all further proceedings in this Action as between the Class Plaintiffs or any other plaintiff in a putative class action consolidated in MDL 1720, Representatives will fairly and adequately represent and protect the Defendants or any other defendant in a putative class action consolidated in MDL 1720, except for proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreement, pending the Court’s determination of whether this Class Settlement Agreement should be finally approved or the termination of this Class Settlement Agreement. (j) Enjoin the members of the Rule 23(b)(3) Settlement Class and the Rule 23(b)(2) Settlement Class, pending the Court’s determination of whether this Class Settlement should finally be approved or the termination of this Class Settlement Agreement, from challenging in any action or proceeding any matter covered by this Class Settlement Agreement or its release and covenant not to sue provisions, except for (i) proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreement, and (ii) any Opt Out’s claims for damages based on any conduct, acts, transactions, events, occurrences, statements, omissions, or failures to act of any Rule 23(b)(3) Settlement Class Released Party prior to the date of the Court’s entry interests of the Class Settlement Preliminary Approval OrderMembers because their interests are co-extensive with those of the Class Members, and they have retained experienced counsel to represent them and the Class Members; and (e) a class action is superior to other available methods for the fair and efficient adjudication of the controversy.

Settlement Class. (f) Approve the method of notice to be provided to the Rule 23(b)(3) Settlement Class and the Rule 23(b)(2) Settlement Class in substantially the form described in the Notice Plan and budget contained in Appendix E hereto, including use Members of the long-form website and mail notice and the publication notice contained in Appendix F hereto, and direct any further notice (and expenses therefor) that the Court may find necessary to provide due process. (g) Approve the procedures in substantially the form described in the Notice Plan and below for members of the Rule 23(b)(3) Settlement Class to become Opt Outs and exclude themselves from the Rule 23(b)(31681e(b) Settlement Class, and including Automatic Payment Group will receive a payment without the provision need to make a claim. Members of the information specified in Paragraph 84 below, and approve the procedures in substantially the form described in the Notice Plan and below for members of the Rule 23(b)(3) Settlement Class or the Rule 23(b)(2) Settlement Class to object to this Class Settlement Agreement. (h) Schedule a final approval hearing for a time and date convenient for the Court at least two hundred eighty five days after the Court’s entry of the Class Settlement Preliminary Approval Order, at which hearing the Court will conduct an inquiry into the fairness, reasonableness, and adequacy of this Class Settlement Agreement and address any objections to it, and determine whether this Class Settlement Agreement and the Plan of Administration and Distribution should be finally approved, and whether to approve any motions for Attorneys’ Fee Awards, Expense Awards, and Class Plaintiffs’ Awards. (i) Stay all further proceedings in this Action as between the Class Plaintiffs or any other plaintiff in a putative class action consolidated in MDL 1720, and the Defendants or any other defendant in a putative class action consolidated in MDL 1720, except for proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreement, pending the Court’s determination of whether this Class Settlement Agreement should be finally approved or the termination of this Class Settlement Agreement. (j) Enjoin the members of the Rule 23(b)(3) Settlement Class and the Rule 23(b)(21681e(b) Settlement Class, pending Claim Form Group must submit a timely and valid Claim Form asserting that (a) the Court’s determination of whether this Class Settlement should finally be approved or the termination of this Class Settlement Agreement, from challenging in any action or proceeding any matter covered by this Class Settlement Agreement or its release and covenant public record AppFolio included on a tenant screening report about them did not pertain to sue provisions, except for (i) proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreementthem, and (iib) any Opt Outthey lost a rental opportunity or suffered other harm as a result of AppFolio’s inclusion of the public record on the background report. Claims may be subject to verification. Members of the 1681e(b) Settlement Class, Automatic Payment Group who do not request to be excluded and whose notices are not returned as undeliverable, and members of the 1681e(b) Settlement Class, Claim Form Group who submit timely and valid claims shall be paid a cash amount, determined on a pro rata basis. Counsel for damages based the named Plaintiff (“Class Counsel”) will request that the Court approve an attorneys’ fees payment of $1,350,000 to compensate them for the work they performed on any conductbehalf of the Settlement Classes and the out-of-pocket expenses they incurred during the litigation. Class Counsel will also request that the Court award the class representative, actsXxxxxxx X. Xxx, transactionsan individual settlement and service award of $30,000, events, occurrences, statements, omissions, or failures in exchange for the broader release he is agreeing to act and for his time and efforts spent in service to the Settlement Classes. Class Counsel’s fee petition and request for an individual settlement and service award will be available for you to review on [DATE] at [WEBSITE]. The Court will make the final decision as to the amounts to be paid to the class representative and Class Counsel. The value of any Rule 23(b)(3checks sent to 1681e(b) Settlement Class Released Party prior to Members that have not been negotiated (cashed) within 60 days of the date of the Court’s entry of check will be donated to the Class Settlement Preliminary Approval OrderKing County Bar Association Housing Justice Project.

Settlement Class. Members may submit a request to the Settlement Administrator to dispute the amount of their qualifying purchases (f) Approve i.e., the method of notice purchases to be provided used for purposes of calculating Voucher credits). Upon receipt of a Settlement Class Member’s dispute as to his/her qualifying purchases, the Settlement Administrator shall promptly notify and provide a copy of the dispute to Class Counsel and Chandon’s Counsel. Upon receipt of notification from the Settlement Administrator, Class Counsel and Chandon’s Counsel shall meet and confer with respect to addressing and responding to the Rule 23(b)(3) Settlement Class Member’s dispute. Although the Parties will seek to reach agreement regarding how to respond to the Settlement Class Member, if no agreement is reached, Chandon shall determine in its sole discretion how to respond to the Settlement Class Member. The response shall include a “restated” amount of the Settlement Class Member’s qualifying purchases, which may be the same as or different from, but not less than, the original amount of qualifying purchases determined in accordance with Paragraph 2.2(b) and reported to the Settlement Class Member in the Notice. Options for determining the restated amount of qualifying purchases include, without limitation, (a) accepting a new amount of qualifying purchases proposed by the Settlement Class Member and using that amount as the restated amount; (b) rejecting the amount of qualifying purchases proposed by the Settlement Class Member and using the original amount as the restated amount; and (c) using a new amount of qualifying purchases, that is between the original amount and the Rule 23(b)(2) amount proposed by the Settlement Class Member, as the restated amount. The response also shall include a “restated” amount of the Settlement Class Member’s Voucher credits, which shall equal 72.4% of the restated amount of qualifying purchases. Chandon’s Counsel shall apprise the Settlement Administrator of the response, who will then promptly inform the Settlement Class Member accordingly. At that point, the Settlement Class Member shall continue to have the option to opt out or object within the time frame for doing so. A Settlement Class Member who does not opt out shall be deemed to have irrevocably accepted the terms of the response and waives any right to challenge his or her restated amount of Voucher credits. If the Effective Date occurs, Chandon shall issue to such Settlement Class Member who has not opted out, Voucher credits equal to the restated amount of Voucher credits in substantially the form described response, instead of the original amount of Voucher credits, in accordance with the other terms and provisions of this Agreement. The agreed-upon procedures and deadlines for the dispute process are set forth in more detail in the Notice Plan and budget contained in Appendix E attached hereto, including use of the long-form website and mail notice and the publication notice contained in Appendix F hereto, and direct any further notice (and expenses therefor) that the Court may find necessary to provide due process. (g) Approve the procedures in substantially the form described in the Notice Plan and below for members of the Rule 23(b)(3) Settlement Class to become Opt Outs and exclude themselves from the Rule 23(b)(3) Settlement Class, and including the provision of the information specified in Paragraph 84 below, and approve the procedures in substantially the form described in the Notice Plan and below for members of the Rule 23(b)(3) Settlement Class or the Rule 23(b)(2) Settlement Class to object to this Class Settlement Agreement. (h) Schedule a final approval hearing for a time and date convenient for the Court at least two hundred eighty five days after the Court’s entry of the Class Settlement Preliminary Approval Order, at which hearing the Court will conduct an inquiry into the fairness, reasonableness, and adequacy of this Class Settlement Agreement and address any objections to it, and determine whether this Class Settlement Agreement and the Plan of Administration and Distribution should be finally approved, and whether to approve any motions for Attorneys’ Fee Awards, Expense Awards, and Class Plaintiffs’ Awards. (i) Stay all further proceedings in this Action as between the Class Plaintiffs or any other plaintiff in a putative class action consolidated in MDL 1720, and the Defendants or any other defendant in a putative class action consolidated in MDL 1720, except for proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreement, pending the Court’s determination of whether this Class Settlement Agreement should be finally approved or the termination of this Class Settlement Agreement. (j) Enjoin the members of the Rule 23(b)(3) Settlement Class and the Rule 23(b)(2) Settlement Class, pending the Court’s determination of whether this Class Settlement should finally be approved or the termination of this Class Settlement Agreement, from challenging in any action or proceeding any matter covered by this Class Settlement Agreement or its release and covenant not to sue provisions, except for (i) proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreement, and (ii) any Opt Out’s claims for damages based on any conduct, acts, transactions, events, occurrences, statements, omissions, or failures to act of any Rule 23(b)(3) Settlement Class Released Party prior to the date of the Court’s entry of the Class Settlement Preliminary Approval Order.