Common use of Settlement Expenses Clause in Contracts

Settlement Expenses. Settlement Expenses are (i) any and all reasonable costs and expenses borne by the Settlement Administrator charged to the Settlement Fund that are related to the administration of the Settlement and not otherwise expressly provided for herein; (ii) the reasonable costs and expenses borne by the Settlement Administrator regarding the administration of carrying out the Plan of Allocation to administer the allocation of the Settlement Proceeds to the members of Settlement Class; (iii) any reasonable costs relating to the issuance of Class Notice, excluding the expenses borne by Defendants or the Company of providing the Settlement Administrator with a list of the names and last known addresses of members of the Settlement Class in electronic format; and (iv) any cost in excess of the first $25,000 of submitting the Settlement Agreement to an Independent Fiduciary for approval, as described in Section 2.4 above. All Settlement Expenses (including those described in Section 7.1.3) shall be paid from the Settlement Fund prior to the distribution of the Settlement Proceeds. With respect to taxes after remittance of the Settlement Proceeds to the Settlement Class, the Settlement Class members are responsible for any and all tax liabilities arising from each of their distributions or withdrawals. All other fees, costs, and expenses relating to the Settlement shall be borne by the Party that incurred them, or his, her, or its insurer or indemnitor, and shall not be paid from the Settlement Fund. 8.1.1 No Defendant(s), Defendants’ counsel, Plaintiff, Plaintiff’s Counsel, or Class Counsel makes any representation or warranty with respect to the tax treatment of any distribution or withdrawal of the Settlement Proceeds received by any Plaintiff or Settlement Class member. Settlement Class members are specifically directed to seek tax advice from their tax advisor.

Settlement Expenses. Settlement Expenses are (i) any and all reasonable costs and expenses borne by the Settlement Administrator charged to the Settlement Fund that are related to the administration of the Settlement and not otherwise expressly provided for herein; (ii) the reasonable costs and expenses borne by the Settlement Administrator regarding the notice and administration of carrying out the Plan plan of Allocation allocation incident to administer the allocation of the Settlement Proceeds to the members of Settlement Classthis Settlement,; and (iii) any reasonable costs relating to the issuance of Class Notice, excluding the expenses borne by Defendants or the Company of providing the Settlement Administrator or other noticing agent retained by Class Counsel with a list of the names and last known addresses of members of the Settlement Class in electronic format; format and (iv) any cost in excess of the first $25,000 of submitting the Settlement Agreement responding to an Independent Fiduciary for approval, requests as described provided in Section 2.4 above2.1.3. All Settlement Expenses (including those described in Section 7.1.3) shall be paid from the Settlement Fund prior to the distribution of the Settlement Proceeds. Prior to the Effective Date, Plaintiffs’ Counsel may pay from the Escrow Account the reasonable and actual Settlement Expenses up to $50,000 without further approval from Defendants or further order of the Court. Payment of additional Settlement Expenses shall be subject to approval by WilmerHale, not to be unreasonably withheld. Any dispute concerning whether a failure to provide approval was reasonable shall be submitted to the Court. With respect to taxes taxes, if any, after remittance of the Settlement Proceeds to the Settlement ClassPlan (i.e., when taking distributions from the Plan), the Settlement Class members are responsible for any and all tax liabilities arising from each of their distributions or withdrawals. Defendants make no representation or warranty with respect to the tax treatment of any Plaintiff or Settlement Class member regarding any distribution or withdrawal of the Settlement Proceeds. All other fees, costs, fees and expenses costs relating to the Settlement shall be borne by the Party that incurred them, or his, her, or its insurer or indemnitor, and shall not be paid from the Settlement Fund. 8.1.1 No Defendant(s), Defendants’ counsel, Plaintiff, Plaintiff’s Counsel, or Class Counsel makes any representation or warranty with respect to the tax treatment of any distribution or withdrawal of the Settlement Proceeds received by any Plaintiff or Settlement Class member. Settlement Class members are specifically directed to seek tax advice from their tax advisor.

Settlement Expenses. Settlement Expenses are (i) any and all reasonable costs and expenses borne by the Settlement Administrator charged to the Settlement Fund that are related to the administration of the Settlement and not otherwise expressly provided for herein; (ii) the reasonable costs and expenses borne by the Settlement Administrator regarding the administration of carrying out the Plan plan of Allocation allocation incident to this Settlement, as well as the expenses borne by Trustee or Trustees of the Plans, to administer the allocation of the Settlement Proceeds received by the Plans to the members of Settlement Class; and (iii) any reasonable costs relating to the issuance of Class Notice, excluding the expenses borne by Defendants or the Company of providing the Settlement Administrator or other noticing agent retained by Class Counsel with a list of the names and last known addresses of members of the Settlement Class in electronic format; and (iv) any cost in excess of the first $25,000 of submitting the Settlement Agreement to an Independent Fiduciary for approval, as described in Section 2.4 above. All Settlement Expenses (including those described in Section 7.1.3) shall be paid from the Settlement Fund prior to the distribution of the Settlement Proceeds. With respect to taxes after remittance of the Settlement Proceeds to the Settlement ClassPlans (i.e., when taking distributions from the Plans), the Settlement Class members are responsible for any and all tax liabilities arising from each of their distributions or withdrawals. All other fees, costs, fees and expenses costs relating to the Settlement shall be borne by the Party that incurred them, or his, her, or its insurer or indemnitor, and shall not be paid from the Settlement Fund. 8.1.1 No Defendant(s), DefendantsPlaintiff(s), Plaintiffs’ counsel, Plaintiff, Plaintiff’s Counsel, or Class Counsel makes any representation or warranty with respect to the tax treatment of any distribution or withdrawal of the Settlement Proceeds received by any Plaintiff or Settlement Class member. Settlement Class members are specifically directed to seek tax advice from their tax advisor.