Settlement Consideration and Procedures for Providing Benefits to Settlement Class Members Sample Clauses

Settlement Consideration and Procedures for Providing Benefits to Settlement Class Members. 5.1 Programmatic Relief For a period (the “Restricted Period”) beginning on the twelve-month anniversary of the order granting preliminary approval of the Settlement (the “PAO Date”) and ending on the three- year anniversary of the PAO Date, Defendant, as manufacturer of the Products, shall either: (1) remove the Challenged Language from the Labeling of the Products (referred to herein as “Option 1”); or (2) revise the Challenged Language to list a range of suggested strength servings based on the ratio of one tablespoon per serving at the lower end of the range to the ratio of eight tablespoons per ten servings at the upper end of the range (referred to herein as “Option 2”). For the avoidance of doubt, Defendant shall have the option to select Option 1 or Option 2 with respect to each individual variety or stock-keeping unit (“SKU”) of the Products, may elect Option 1 with respect to certain Products and Option 2 with respect to other Products, and may change the labeling of any given Product during the Restricted Period so long as the labeling complies with the requirements of either Option 1 or Option 2. If Option 1 is selected for any given Product, Defendant shall ensure that the Challenged Language is removed from the Labeling of that Product during the Restricted Period. If Option 2 is selected for any given Product, Defendant may state that each Product “Makes approximately [or about or up to] to [or –] suggested strength servings [or 6 fl oz. cups].” The lower end of the range shall be equivalent to the number of suggested strength servings based on a ratio of one tablespoon per serving, and the upper end of the range shall be equivalent to the number of suggested strength servings based upon a ratio of eight tablespoons per ten servings. Defendant will verify through testing results from a reputable third-party laboratory the number of suggested strength servings for the lower and upper ends of the ranges to be listed on each Product’s label. The Parties recognize that the number of coffee servings available in a container vary depending on density, grind, and other factors, and they agree that the number of servings in any given package will experience minor fluctuations consistent with the Maximum Allowable Variations for Packages Labeled by Weight, as determined by the National Institute of Standards & Technology of the United States Department of Commerce. For the avoidance of doubt, the Released Parties, including Defendant, (i) shall be pe...
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Settlement Consideration and Procedures for Providing Benefits to Settlement Class Members. 5.1 In exchange for the mutual promises and covenants in this Agreement, including, without limitation, the Releases set forth in Section XII and the dismissal of the Action upon entry of the Final Approval Order and Judgment, CCHS agrees to pay up to the Settlement Amount.
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Settlement Consideration and Procedures for Providing Benefits to Settlement Class Members. 5.1 Injunctive Relief No later than January 31, 2018, regardless of whether or not the Final Approval Order has been entered by that date, Xxxx.xxx shall make clear and conspicuous disclosures to consumers advising them of the identity of the seller of an item and the nature of any strikethrough price displayed. Xxxx.xxx also will provide clear and conspicuous instructions to sellers regarding the circumstances under which they may offer an item on the Wish marketplace with a strikethrough price. Prior to making these changes, Xxxx.xxx shall provide copies of the changes to Plaintiff’s counsel and give Plaintiff’s counsel a reasonable opportunity to comment or object to them. Electronically Filed - Xxxxxx - December 12, 2017 - 12:08 PM
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Settlement Consideration and Procedures for Providing Benefits to Settlement Class Members. 5.1 Injunctive Relief
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Settlement Consideration and Procedures for Providing Benefits to Settlement Class Members 
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Related to Settlement Consideration and Procedures for Providing Benefits to Settlement Class Members

  • Payments to Settlement Class Members (a) Defendant shall pay into the Escrow Account the amount of the Settlement Fund ($228,165.00), specified in Paragraph 1.34 of this Agreement, within twenty-eight (28) business days after Preliminary Approval.

  • Rollovers of Settlement Payments From Bankrupt Airlines If you are a qualified airline employee who has received a qualified airline settlement payment from a commercial airline carrier under the approval of an order of a federal bankruptcy court in a case filed after September 11, 2001, and before January 1, 2007, you are allowed to roll over any portion of the proceeds into your Xxxx XXX within 180 days after receipt of such amount, or by a later date if extended by federal law. For further detailed information and effective dates you may obtain IRS Publication 590-A, Contributions to Individual Retirement Arrangements (IRAs), from the IRS or refer to the IRS website at xxx.xxx.xxx.

  • Settlement Class Members “Settlement Class Members” shall mean all persons in the Class who do not exclude themselves pursuant to Section F, herein, and those who submit a Valid Claim.

  • Settlement Class 2. Pursuant to Rule 23(e)(1)(B)(ii) of the Federal Rules of Civil Procedure, the Court preliminarily finds that the Court will likely find that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) have been satisfied for settlement and judgment purposes only. As to the requirements of Rule 23(a) for settlement purposes only, (i) the Settlement Class provisionally certified herein likely exceeds 100,000 individuals, and joinder of all would be impracticable; (ii) there are questions of law and fact common to the Settlement Class; (iii) Class Representatives’ claims are typical of the claims of the Settlement Class they seek to represent for purposes of settlement; and (iv) Class Representatives are adequate representatives of the Settlement Class. As to the requirements of Rule 23(b)(3) for settlement purposes only, questions of law and fact common to the Settlement Class predominate over any questions affecting any individual Settlement Class Member, and a class action on behalf of the Settlement Class is superior to other available means of settling and disposing of this dispute.

  • Certification of Settlement Class Promptly after execution of the Settlement Agreement, Class Counsel will ask the Court to issue an order certifying the Settlement Class for settlement purposes only. Xxxxx agrees not to object to this request without waiver of its right to contest certification or the merits of the Lawsuit if the settlement does not receive final approval or the Effective Date (defined in paragraph 14 below) does not occur.

  • Certification of the Settlement Class For purposes of this Settlement only, the Parties stipulate to the certification of the Settlement Class, which is contingent upon the Court entering the Final Approval Order and Judgment of this Settlement and the occurrence of the Effective Date.

  • THE SETTLEMENT BENEFITS What You Get

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