Common use of Settlement Notice Clause in Contracts

Settlement Notice. The Settling Parties have presented to the Court a proposed form of Settlement Notice, which is appended to the Settlement Agreement as Exhibit 3. A. The Court finds that the proposed notice, and the website referenced in the Settlement Notice, fairly and adequately: (i) Describe the terms and effect of the Settlement Agreement and of the Settlement; (ii) Notify the Settlement Class concerning the Plan of Allocation; (iii) Notify the Settlement Class that Class Counsel will seek compensation from the Settlement Fund for the Plaintiffs, Attorneys’ Fees and Expenses; (iv) Notify the Settlement Class that Administrative Expenses related to the Settlement will be paid from the Settlement Fund; (v) Give notice to the Settlement Class of the time and place of the Fairness Hearing; and (vi) Describe how the recipients of the Settlement Notice may object to any of the relief requested and the rights of the Settling Parties to discovery concerning such objections. B. The Settling Parties have proposed the following manner of communicating the notice to Class Members: the Settlement Administrator shall, by no later than sixty (60) days before the Fairness Hearing, cause the Settlement Notice (and Former Participant Claim Forms, as appropriate), with such non-substantive modifications thereto as may be agreed upon by the Settling Parties, to be sent by email to all Settlement Class Members for whom the Settlement Administrator is provided a current email address and mailed, by first-class mail, postage prepaid, to the last known address of each Settlement Class Member for whom there is no current email address that can be identified through commercially reasonable means. The Court finds that such proposed manner is the best notice practicable under the circumstances and directs that the Settlement Administrator provide notice to the Settlement Class (and Former Participant Claim Forms) in the manner described. Defendants shall cooperate with the Settlement Administrator by providing or facilitating the provision of, in electronic format, the names, addresses, email addresses (to the extent available), and social security numbers of the Settlement Class Members. The names, addresses, email addresses (the extent available), and social security numbers obtained pursuant to this Order shall be used solely for the purpose of providing notice of this settlement and as required for purposes of tax withholding and reporting, and for no other purpose. C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address. D. At or before the Fairness Hearing, Class Counsel shall file with the Court a proof of timely compliance with the foregoing requirements. E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to direct the Settlement Administrator to publish the Settlement Notice (and Former Participant Claim Form) on the Settlement Website.

Settlement Notice. The Settling Parties have presented to the Court a proposed form Settlement Notices, attached as Exhibits 2, 3, and 4 of Settlement Notice, which is appended to the Settlement Agreement Agreement, to be issued to Class Members. In conjunction with the Settling Plaintiffs’ motion seeking preliminary approval, the Settling Plaintiffs have asked the Court to make a finding that XXXXX’s six-year statute of repose has run and to inform the Class of the finding and its implications on those Class Members who are considering whether to opt out of the Class. [Alternative A—Insert the four paragraphs below if the Court finds that XXXXX’s statute of repose will bar actions brought by Class Members who exclude themselves from the Settlement. Language will be revised as Exhibit 3needed based on the Court’s specific findings, if any.] [Alternative B—Insert the paragraph below if the Court does not find that XXXXX’s statute of repose will bar actions brought by Class Members who exclude themselves from the Settlement. Language will be revised as needed based on the Court’s specific findings, if any.] A. The Court finds that the proposed notice, forms and the website referenced in the Settlement Notice, content therein fairly and adequately: (i) i. Describe the terms and effect of the Settlement Agreement and of the Settlement; (ii) . Notify the Settlement Class concerning the proposed Plan of Allocation; (iii) . Notify the Settlement Class that Class Counsel will seek compensation from the Settlement Fund for the PlaintiffsClass Representatives, as well as Attorneys’ Fees and ExpensesCosts; (iv) . Notify the Settlement Class that Administrative Expenses related to the implementation of the Settlement will be paid from the Settlement Fund; (v) Give notice v. Inform Class Members of their right to appear at the Settlement Fairness Hearing, and provide information allowing Class Members to be informed of the time and place of the Fairness HearingHearing once it has been scheduled by the Court; and (vi) . Describe how the recipients of the Settlement Notice may object to any of the relief requested and the rights of the Settling Parties parties to discovery concerning such objections. B. The Settling Parties have proposed the following manner of communicating the Settlement Notice to members of the Class, and the Court finds that such proposed manner is the best notice to Class Members: practicable under the circumstances, and directs that the Settlement Administrator shall, by no later than sixty (60) days before the Fairness Hearing, shall cause the Settlement Notice (and Former Participant Claim Forms, as appropriate)Notice, with such non-substantive modifications thereto as may be agreed upon by the Settling Parties, to be sent by email to all Settlement Class Members for whom the Settlement Administrator is provided a current email address and mailed, by first-class mail, postage prepaid, to the last known address of each Settlement member of the Class Member for whom there is no current email address that who can be identified through commercially reasonable means. The In addition, the Court finds that such approves the Class Summary Notice in the form proposed manner is the best notice practicable under the circumstances Settlement Agreement and directs that Settlement Administrator provide the class with Summary Notice through publication in two national newspapers to run three days consecutively Monday through Wednesday in each newspaper, and one international newspaper to run two days consecutively, no later than 7 days after the Settlement Administrator provide notice to completes the Settlement Class (and Former Participant Claim Forms) in the manner described. Defendants shall cooperate with the Settlement Administrator by providing or facilitating the provision of, in electronic format, the names, addresses, email addresses (to the extent available), and social security numbers initial mailing of the Settlement Notice to Class Members. The names, addresses, email addresses (the extent available), and social security numbers obtained pursuant to this Order shall be used solely for the purpose of providing notice of this settlement and as required for purposes of tax withholding and reporting, and for no other purpose. C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address. D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements. E. The Court directs Class Counsel, Counsel to cause the Settlement Notice to be published on the website identified in the Settlement Notice no later than sixty (60) 7 days before the Fairness Hearing, to direct the Settlement Administrator to publish the after Settlement Notice (and Former Participant Claim Form) on the Settlement Websiteis mailed to Class Members.

Settlement Notice. The Settling Parties have presented to the Court a proposed form forms of Settlement Notice, which is are appended to the Settlement Agreement hereto as Exhibits 1 and Exhibit 32. A. The Court finds that the proposed notice, forms and the website Settlement Website referenced in the Settlement Notice, Notice fairly and adequately: (i) i. Describe the terms and effect of the Settlement Agreement and of the Settlement; (ii) . Notify the Settlement Class concerning the proposed Plan of Allocation; (iii) . Notify the Settlement Class that Class Counsel will seek compensation from the Settlement Fund for the Plaintiffs, Class Representatives and for Attorneys’ Fees and ExpensesCosts; (iv) . Notify the Settlement Class that Administrative Expenses related to the implementation of the Settlement will be paid from the Settlement Fund; (v) v. Notify the Class that amendments to the Settlement Agreement, including amendments to the Plan of Allocation, or changes to filed documents concerning the settlement, including this Order, or the time and location of the Fairness Hearing, will be posted on the Settlement Website without additional mailed notice; vi. Give notice to the Settlement Class of the time and place of the Fairness Hearing; and (vi) vii. Describe how the recipients of the Settlement Notice may object to any of the relief requested and the rights of the Settling Parties to discovery concerning such objectionsrequested. B. The Settling Parties have proposed the following manner of communicating the notice to Class Members: members of the Class, and the Court finds that such proposed manner is the best notice practicable under the circumstances, and directs that the Settlement Administrator shall, by no later than sixty (60) days before the Fairness Hearing, cause the Settlement Notice (and Former Participant Claim Forms, as appropriate)Notice, with such non-substantive modifications thereto as may be agreed upon by the Settling Parties, to be sent by email to all Settlement Class Members for whom the Settlement Administrator is provided a current email address and mailed, by first-class mail, postage prepaid, to the last known address of each member of the Settlement Class Member for whom there is no current email address that who can be identified through commercially reasonable means. The Court finds that such proposed manner is the best notice practicable under the circumstances and directs that the Settlement Administrator provide notice to the Settlement Class (and Former Participant Claim Forms) in the manner described. Defendants shall cooperate with the Settlement Administrator by providing or facilitating the provision ofproviding, in electronic format, the names, addresses, email addresses (to the extent available), and social security Social Security numbers of members of the Settlement Class MembersClass. The names, addresses, email addresses (the extent available), and social security Social Security numbers obtained pursuant to this Order shall be used solely for the purpose of providing notice of this settlement Settlement and as required for purposes of tax withholding and reporting, and for no other purpose. C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security Social Security number or other unique identifier to attempt to determine the current address of the person and shall mail notice the Settlement Notice to that address. D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements. E. The Court directs Class Counsel, no later than sixty (60) 60 days before the Fairness Hearing, to direct the Settlement Administrator to publish cause the Settlement Notice (and Former Participant Claim Form) to be published on the Settlement WebsiteWebsite identified in the Settlement Notice.

Settlement Notice. The Settling Parties have presented to the Court a proposed form of Settlement Notice, which is appended to the Settlement Agreement as Exhibit 3. A. The Court finds parties agree that the proposed notice, and the website referenced in the Settlement Notice, fairly Class and adequately: (i) Describe Settlement Notice, and Forms provide information sufficient to inform the terms Class Members and effect Sub-Class Members of the Settlement material terms of this Settlement, the appropriate means for obtaining additional information regarding this Agreement and the Lawsuit, and the appropriate means for and information about submitting a claim for payment pursuant to the Settlement. The parties also agree that the Class and Settlement Notice provides information sufficient to inform the Unnotified Class Members and Sub-Class Members of the nature of the subject matter of the Lawsuit, appropriate means for obtaining additional information regarding the Lawsuit, and meets all of the requirements of Rule 23(c) of the Federal Rules of Civil Procedure. To facilitate the efficient administration of this Settlement; (ii) Notify , and to facilitate payment of Valid Claims under the Settlement, the Settlement Class concerning the Plan of Allocation; (iii) Notify the Settlement Class that Class Counsel will seek compensation from the Settlement Fund for the Plaintiffs, Attorneys’ Fees and Expenses; (iv) Notify the Settlement Class that Administrative Expenses related to the Settlement Administrator will be paid from the Settlement Fund; (v) Give notice directed to the Settlement provide all Notified Class of the time Members and place of the Fairness Hearing; and (vi) Describe how the recipients Sub-Class Members with copies of the Settlement Notice may object and Forms, and to any provide all Unnotified Class Members and Sub-Class Members with copies of the relief requested Class and Settlement Notice and Forms, as well as contact information for Class Counsel in the rights event they have questions. Plaintiffs will request the Court to approve the Settlement Notice, Class and Settlement Notice, and Forms in the Preliminary Approval Order. As soon as practicable, but no later than 15 days after the Court’s entry of the Settling Parties to discovery concerning such objections. B. The Settling Parties have proposed the following manner of communicating the notice to Class Members: Preliminary Approval Order, the Settlement Administrator shall, by no later than sixty (60) days before the Fairness Hearing, shall send or cause the Settlement Notice (and Former Participant Claim Forms, as appropriate), with such non-substantive modifications thereto as may be agreed upon by the Settling Parties, to be sent by email to all Settlement Class Members for whom the Settlement Administrator is provided a current email address and mailedsent, by first-class mailUnited States Mail, postage prepaid, a copy of the Settlement Notice and Forms to the last known address of each Settlement every Notified Class Member for whom there is no current email address that and Sub-Class Member who can be identified through commercially reasonable means. The Court finds that such proposed manner is the best notice practicable under the circumstances and directs that the Settlement Administrator provide notice to the Settlement Class (and Former Participant Claim Forms) in the manner described. Defendants shall cooperate with the Settlement Administrator by providing or facilitating the provision of, in electronic format, the names, addresses, email addresses (to the extent available)effort, and social security numbers a copy of the Class and Settlement Notice and Forms to every Unnotified Class MembersMember and Sub-Class Member who can be identified through reasonable effort. The namesBefore the mailing of such Settlement Notices, addresses, email addresses (the extent available)Class and Settlement Notices, and social security numbers obtained pursuant to this Order shall be used solely for the purpose of providing notice of this settlement and as required for purposes of tax withholding and reporting, and for no other purpose. C. For any Settlement Notice returned as undeliverableForms, the Settlement Administrator shall utilize will obtain or cause to be obtained address updates utilizing a national change of address database. The parties agree that the provided social security number or other unique identifier to attempt to determine the current address dissemination of the person and shall mail notice to that address. D. At or before the Fairness HearingSettlement Notice, Class Counsel shall file with and Settlement Notice, and Forms by mail in the manner specified in this Section IV satisfies the notice requirements of due process and Rule 23 of the Federal Rules of Civil Procedure. Plaintiffs will request the Court a proof to approve, in the Preliminary Approval Order, the direct mailing of timely compliance with the foregoing requirements. E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to direct the Settlement Administrator to publish the Notice, Class and Settlement Notice (Notice, and Former Participant Claim Form) on the Settlement WebsiteForms as set forth in this Section IV.

Settlement Notice. The Settling Parties have presented proposed settlement notices are attached hereto as Exhibits 1 and 7. The parties agree that the settlement notices provide information sufficient to inform the Settlement Class Members of the material terms of this Settlement, the appropriate means for obtaining additional information regarding this Agreement and the Lawsuit, the appropriate means for and information about obtaining a settlement award pursuant to the Settlement, and the appropriate means to exclude oneself from the Settlement Class or to object to the Settlement. To facilitate the efficient administration of this Settlement, and to facilitate the making of settlement awards to Class Members under the Settlement, Class Counsel will provide all Settlement Class Members with copies of the Settlement Notice pertaining to the Lawsuit, as well as contact information for the appropriate Class Counsel in the event they have questions. Plaintiffs will request the Court to approve the Settlement Notice and Forms in the Preliminary Approval Order. As soon as practicable, but no later than 20 days after the Court’s entry of the Preliminary Approval Order unless otherwise ordered by the Court, Class Counsel shall send or cause to be sent, by first-class United States Mail, a proposed form copy of the Initial Settlement Notice, which is appended to the Settlement Agreement as Exhibit 3. A. The Court finds that the proposed noticeClaim Form, and Form W-9 to every Class Member who can be identified through reasonable effort. Before the website referenced in mailing of these documents, Xxxxxxx & Xxxx-Xxxxxxx, P.C. will obtain or cause to be obtained address updates utilizing a national change of address database. Within 30 days after the initial mailing of the Settlement Notice, fairly Claim Form, and adequately: (i) Describe the terms and effect of the Settlement Agreement and of the Settlement; (ii) Notify the Settlement Class concerning the Plan of Allocation; (iii) Notify the Settlement Class that Form W-9, Class Counsel will seek compensation from the Settlement Fund for the Plaintiffs, Attorneys’ Fees and Expenses; (iv) Notify the Settlement Class that Administrative Expenses related to the Settlement will be paid from the Settlement Fund; (v) Give notice to the Settlement Class of the time and place of the Fairness Hearing; and (vi) Describe how the recipients of the Settlement Notice may object to any of the relief requested and the rights of the Settling Parties to discovery concerning such objections. B. The Settling Parties have proposed the following manner of communicating the notice to Class Members: the Settlement Administrator shall, by no later than sixty (60) days before the Fairness Hearing, cause the Settlement Notice (and Former Participant Claim Forms, as appropriate), with such non-substantive modifications thereto as may be agreed upon by the Settling Parties, to be sent by email shall distribute a “reminder notice” to all Settlement Class Members for whom the Settlement Administrator is provided who have not yet submitted a current email address and mailed, by first-class mail, postage prepaid, to the last known address of each Settlement Class Member for whom there is no current email address that can be identified through commercially reasonable means. The Court finds that such proposed manner is the best notice practicable under the circumstances and directs that the Settlement Administrator provide notice Claim Form or otherwise responded to the Settlement Notice. If necessary, Class (Counsel may use telephone numbers or email addresses to confirm that Settlement Class Members have received the Notice and Former Participant Claim Forms) to inquire whether they have any questions regarding the Settlement. The Parties agree that the dissemination of the Settlement Notice by First Class Mail in the manner describedspecified in this Section IV satisfies the notice requirements of due process and Pennsylvania law. Defendants shall cooperate with Plaintiffs will request the Settlement Administrator by providing or facilitating the provision ofCourt to approve, in electronic formatthe Preliminary Approval Order, the names, addresses, email addresses (to the extent available), and social security numbers direct mailing of the Settlement Class Members. The namesNotice, addresses, email addresses (the extent available)Claim Form, and social security numbers obtained pursuant to Form W-9 as set forth in this Order shall be used solely for the purpose of providing notice of this settlement and as required for purposes of tax withholding and reporting, and for no other purposeSection IV. C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address. D. At or before the Fairness Hearing, Class Counsel shall file with the Court a proof of timely compliance with the foregoing requirements. E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to direct the Settlement Administrator to publish the Settlement Notice (and Former Participant Claim Form) on the Settlement Website.

Settlement Notice. The Settling Parties have presented to the Court a proposed form of Settlement Notice, which is appended to the Settlement Agreement as Exhibit 3. A. The Court finds that the proposed notice, form and the website referenced in the Settlement Notice, Notice fairly and adequately: (i) Describe the terms and effect of the Settlement Agreement and of the Settlement; (ii) Notify the Settlement Class concerning the proposed Plan of Allocation; (iii) Notify the Settlement Class that Class Counsel will seek compensation from the Settlement Fund for the Plaintiffs, and for Attorneys’ Fees and Expenses; (iv) Notify the Settlement Class that Administrative Expenses related to the implementation of the Settlement will be paid from the Settlement Fund; (v) Give notice to the Settlement Class of the time and place of the Fairness Hearing; and (vi) Describe how the recipients of the Settlement Notice may object to any of the relief requested and the rights of the Settling Parties to discovery concerning such objections. B. The Settling Parties have proposed the following manner of communicating the notice to Settlement Class Members: the Settlement Administrator shall, by no later earlier than sixty twenty-one (6021) calendar days before the Fairness Hearingafter entry of this Order, cause the Settlement Notice (and Former Participant Claim Forms, as appropriate)Notice, with such non-substantive modifications thereto as may be agreed upon by the Settling Parties, to be sent by email electronic mail to all Settlement Class Members for whom the Settlement Administrator is provided a current email address and mailed, by first-class mail, postage prepaid, to the last known address of each member of the Settlement Class Member for whom there is no current email address that can be identified through commercially reasonable means. The Court finds that such proposed manner is the best notice practicable under the circumstances and directs that the Settlement Administrator provide notice to the Settlement Class (and Former Participant Claim Forms) in the manner described. Defendants Defendant shall cooperate with the Settlement Administrator by providing taking all reasonable efforts to provide or facilitating facilitate the provision of, in electronic format, the names, addresses, email addresses (to the extent available), and social security numbers or other unique identifiers of members of the Settlement Class MembersClass. The names, addresses, email addresses (to the extent available), and social security numbers or other unique identifiers obtained pursuant to this Order shall be used solely for the purpose of providing notice of this settlement Settlement and as required for purposes of tax withholding and reporting, and for no other purpose, and neither the Settlement Administrator, Class Counsel, nor Plaintiffs shall disclose or share this information, and shall maintain it in confidence and as highly confidential material, except as necessary to effectuate the Settlement Agreement or as required by law. C. For any Settlement Notice returned as undeliverable, the Settlement Administrator shall utilize the provided social security number or other unique identifier to attempt to determine the current address of the person and shall mail notice to that address. D. At or before the Fairness Hearing, Class Counsel or the Settlement Administrator shall file with the Court a proof of timely compliance with the foregoing requirements. E. The Court directs Class Counsel, no No later than sixty (60) days before the Fairness Hearing, to direct the Settlement Administrator to publish shall cause the Settlement Notice (and Former Participant Claim Form) to be published on the Settlement Website.

Settlement Notice. The Settling Parties have presented to By the Court a proposed form of Settlement Notice, which is appended to the Settlement Agreement as Exhibit 3. A. The Court finds that the proposed notice, date and the website referenced in the Settlement Notice, fairly and adequately: (i) Describe the terms and effect of the Settlement Agreement and of the Settlement; (ii) Notify the Settlement Class concerning the Plan of Allocation; (iii) Notify the Settlement Class that Class Counsel will seek compensation from the Settlement Fund for the Plaintiffs, Attorneys’ Fees and Expenses; (iv) Notify the Settlement Class that Administrative Expenses related to the Settlement will be paid from the Settlement Fund; (v) Give notice to the Settlement Class of the time and place of the Fairness Hearing; and (vi) Describe how the recipients of the Settlement Notice may object to any of the relief requested and the rights of the Settling Parties to discovery concerning such objections. B. The Settling Parties have proposed the following manner of communicating the notice to Class Members: the Settlement Administrator shall, by no later than sixty (60) days before the Fairness Hearing, cause the Settlement Notice (and Former Participant Claim Forms, as appropriate), with such non-substantive modifications thereto as may be agreed upon by the Settling Parties, to be sent by email to all Settlement Class Members for whom the Settlement Administrator is provided a current email address and mailed, by first-class mail, postage prepaid, to the last known address of each Settlement Class Member for whom there is no current email address that can be identified through commercially reasonable means. The Court finds that such proposed manner is the best notice practicable under the circumstances and directs that the Settlement Administrator provide notice to the Settlement Class (and Former Participant Claim Forms) in the manner described. Defendants shall cooperate with set by the Settlement Administrator by providing or facilitating Court in the provision of, in electronic format, the names, addresses, email addresses (to the extent available)Preliminary Approval Order, and social security numbers of the Settlement Class Members. The names, addresses, email addresses (the extent available), and social security numbers obtained pursuant to this Order shall be used solely for the purpose of providing notice of this settlement and as required for purposes of tax withholding and reporting, and for no other purpose. C. For any Settlement Notice returned as undeliverableunless otherwise set forth below, the Settlement Administrator shall utilize cause to be sent to each Class Member identified by the Settlement Administrator a Settlement Notice and Rollover Form in the form and manner to be approved by the Court, which shall be in substantially the form attached hereto as Exhibits A and B or a form subsequently agreed to by the Settling Parties and approved by the Court. The Settlement Administrator shall use records provided social security number by the Plan’s former recordkeeper in discovery in the Class Action to identify Settlement Class Members and their mailing addresses last known to the Plan. Before mailing a Settlement Notice to a Settlement Class Member, the Settlement Administrator shall (a) determine whether the Settlement Class Member has provided an updated mailing address to Class Counsel or other unique identifier the Settlement Administrator and (b) use commercially reasonable efforts to attempt to determine verify the current Settlement Class Member’s mailing address of the person and shall mail notice to that address. D. At or before the Fairness Hearingsearch for any new address information. For any returned Settlement Notice, Class Counsel shall file with the Court a proof of timely compliance with the foregoing requirements. E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to direct the Settlement Administrator shall make a second commercially reasonable effort to publish try to find that Class Member, including mailing the Settlement Notice (and Former Participant Claim Form) on at least one additional time. Each Settlement Notice shall be sent to the mailing address determined, in the judgment of the Settlement WebsiteAdministrator, most likely to reach the Settlement Class Member. The Settlement Administrator shall email the Settlement Notice to each Settlement Class Member who provides an email address to the Settlement Administrator and requests such electronic copy. The Settlement Administrator may communicate with the Plan’s former recordkeeper, with prior notice to Class Counsel and Defense Counsel, if the Settlement Administrator believes that such communication may help to explain, verify, or supplement the information regarding the Class provided by the Plan’s former recordkeeper in discovery in the Class Action. Any expense incurred as a result of such communication shall be deemed to be an Administrative Expense of the Settlement, and Plaintiffs shall request payment or reimbursement of any such expense from the Qualified Settlement Fund. Defendants shall not be obligated to make any payment related to Plan records inquiries in connection with the Settlement. The Settling Parties agree that they will not withhold any approval or consent to release information to the Settlement Administrator, if requested by the Plan’s former recordkeeper.

Settlement Notice. The Settling Parties have presented to the Court a proposed form of Settlement Notice, which is appended to the Settlement Agreement as Exhibit 3. A. The Court finds parties agree that the proposed notice, and the website referenced in the Settlement Notice, fairly Class and adequately: (i) Describe Settlement Notices, and Forms provide information sufficient to inform the terms General Class Members, Overtime Sub-Class Members and effect Meal and Rest Period Settlement Sub-Class Members of the Settlement material terms of this Settlement, the appropriate means for obtaining additional information regarding this Agreement and the Lawsuit, and the appropriate means for and information about submitting a claim for payment pursuant to the Settlement. The parties also agree that the Class and Settlement Notice provides information sufficient to inform the Unnotified General Class Members and Meal and Rest Period Settlement Sub-Class Members of the nature of the subject matter of the Lawsuit, appropriate means for obtaining additional information regarding the Lawsuit, and meets all of the requirements of Rule 23(c) of the Federal Rules of Civil Procedure. To facilitate the efficient administration of this Settlement; (ii) Notify , and to facilitate payment of Valid Claims under the Settlement, the Settlement Class concerning the Plan of Allocation; (iii) Notify the Settlement Class that Class Counsel will seek compensation from the Settlement Fund for the Plaintiffs, Attorneys’ Fees and Expenses; (iv) Notify the Settlement Class that Administrative Expenses related to the Settlement Administrator will be paid from the directed to provide all Notified General Class Members, Overtime Sub-Class Members and Meal and Rest Period Settlement Fund; (v) Give notice to the Settlement Sub-Class of the time and place of the Fairness Hearing; and (vi) Describe how the recipients Members with copies of the Settlement Notice may object and Forms, and to any provide all Unnotified General Class Members and Meal and Rest Period Settlement Sub-Class Members with copies of the relief requested Class and Settlement Notice and Forms, as well as contact information for Class Counsel in the rights event they have questions. Plaintiffs will request the Court to approve the Settlement Notice, Class and Settlement Notice, and Forms in the Preliminary Approval Order. As soon as practicable, but no later than 30 days after the Court’s entry of the Settling Parties to discovery concerning such objections. B. The Settling Parties have proposed the following manner of communicating the notice to Class Members: Preliminary Approval Order, the Settlement Administrator shall, by no later than sixty (60) days before the Fairness Hearing, shall send or cause the Settlement Notice (and Former Participant Claim Forms, as appropriate), with such non-substantive modifications thereto as may be agreed upon by the Settling Parties, to be sent by email to all Settlement Class Members for whom the Settlement Administrator is provided a current email address and mailedsent, by first-class mailUnited States Mail, postage prepaid, a copy of the Settlement Notice and Forms to the last known address of each Settlement every Notified General Class Member for whom there is no current email address that and Sub-Class Member who can be identified through commercially reasonable means. The Court finds that such proposed manner is the best notice practicable under the circumstances and directs that the Settlement Administrator provide notice to the Settlement Class (and Former Participant Claim Forms) in the manner described. Defendants shall cooperate with the Settlement Administrator by providing or facilitating the provision of, in electronic format, the names, addresses, email addresses (to the extent available)effort, and social security numbers a copy of the Class and Settlement Notice and Forms to every Unnotified General Class MembersMember and Meal and Rest Period Settlement Sub-Class Member who can be identified through reasonable effort. The namesBefore the mailing of such Settlement Notices, addresses, email addresses (the extent available)Class and Settlement Notices, and social security numbers obtained pursuant to this Order shall be used solely for the purpose of providing notice of this settlement and as required for purposes of tax withholding and reporting, and for no other purpose. C. For any Settlement Notice returned as undeliverableForms, the Settlement Administrator shall utilize will obtain or cause to be obtained address updates utilizing a national change of address database. The parties agree that the provided social security number or other unique identifier to attempt to determine the current address dissemination of the person and shall mail notice to that address. D. At or before the Fairness HearingSettlement Notice, Class Counsel shall file with and Settlement Notice, and Forms by mail in the manner specified in this Section IV satisfies the notice requirements of due process and Rule 23 of the Federal Rules of Civil Procedure. Plaintiffs will request the Court a proof to approve, in the Preliminary Approval Order, the direct mailing of timely compliance with the foregoing requirements. E. The Court directs Class Counsel, no later than sixty (60) days before the Fairness Hearing, to direct the Settlement Administrator to publish the Notice, Class and Settlement Notice (Notice, and Former Participant Claim Form) on the Settlement WebsiteForms as set forth in this Section IV.