Common use of STATEMENT OF POTENTIAL OUTCOME OF THE ACTION Clause in Contracts

STATEMENT OF POTENTIAL OUTCOME OF THE ACTION. Defendants strongly dispute the claims asserted in the Action and deny that they ever engaged in any wrongdoing, violation of law or breach of duty. Further, Named Plaintiffs would face an uncertain outcome if the Action were to continue. Although the Court denied Defendants’ motion to dismiss the Action, this case was far from over. Prior to settling, Defendants’ motion to dismiss was scheduled for hearing. An unfavorable ruling for Plaintiffs on the motion would have severely diminished the value of this Action. Additionally, the Parties had yet to engage in expert discovery regarding the merits of the Action. Absent settlement, Defendants would present evidence that they reasonably and prudently managed the Plan’s investment options and fees and fulfilled all of their fiduciary obligations. As a result, continued litigation could result in a judgment in favor of the Defendants and against the Named Plaintiffs and Class. Even if the Named Plaintiffs and Class prevailed, they might recover a judgment greater or less than the benefits obtained as part of the Settlement, or no recovery at all. The Named Plaintiffs and the Defendants disagree on liability and do not agree on the amount that would be recoverable even if the Named Plaintiffs were to prevail at trial. The Defendants deny all claims and contentions by the Named Plaintiffs. The Defendants deny that they are liable to the Settlement Class and that the Settlement Class or the Plan has suffered any damages for which the Defendants could be held legally responsible. Having considered the uncertainty, costs and risks inherent in any litigation, particularly in a complex case such as this, the Named Plaintiffs and Defendants have concluded that it is desirable that the Action be fully and finally settled on the terms and conditions set forth in the Settlement Agreement.

STATEMENT OF POTENTIAL OUTCOME OF THE ACTION. Class Counsel believe Plaintiffs’ claims against Defendants strongly dispute are well grounded in law and fact, and that Defendants breached their fiduciary duties under XXXXX. However, as with any litigated case, the claims asserted in the Action and deny that they ever engaged in any wrongdoing, violation of law or breach of duty. Further, Named Plaintiffs Class would face an uncertain outcome if Plaintiffs continued the Action were to continueagainst Defendants. Although Continuing the Court denied Defendants’ motion to dismiss the Action, this case was far from over. Prior to settling, Defendants’ motion to dismiss was scheduled for hearing. An unfavorable ruling for Plaintiffs on the motion would have severely diminished the value of this Action. Additionally, the Parties had yet to engage in expert discovery regarding the merits of the Action. Absent settlement, Defendants would present evidence that they reasonably and prudently managed the Plan’s investment options and fees and fulfilled all of their fiduciary obligations. As a result, continued litigation Action could result in a judgment in favor of the Defendants and against the Named Plaintiffs and Class. Even if the Named Plaintiffs and Class prevailed, they might recover a judgment or verdict greater or less than the benefits obtained as part of recovery under the SettlementSettlement Agreement, or it could result in no recovery at all. The Named In evaluating the Settlement, Class Counsel have considered the range of possible recoveries if the claims against Defendants were adjudicated rather than settled. Class Counsel believe that this Settlement provides substantial consideration in exchange for the Plaintiffs’ Released Claims in light of the range of probable outcomes. When the Parties mediated the case and agreed to the proposed Settlement, the Parties were preparing for argument on summary judgment motions and were moving towards trial. If the Court had granted Defendants’ motion for summary judgment, it was likely there would have been no recovery for Plaintiffs or the Class. Class Counsel believe that the Settlement is preferable to continuing the Action and is in the Defendants disagree on liability and do not agree on best interests of the Class because the Settlement provides certainty to the Class with respect to the amount that and timing of recovery and will, if approved, result in the recovery actually being realized substantially sooner than it would be recoverable even if were the Named Plaintiffs were Action successfully litigated to prevail at triala conclusion. The Throughout this Action, Defendants have denied and continue to deny all the factual allegations and legal claims and contentions asserted by the Named Plaintiffs. The Defendants deny that they are liable to the Settlement Class and that the Settlement Class or the Plan has suffered any damages for which the Defendants could be held legally responsible. Having considered the uncertainty, costs and risks inherent in any litigation, particularly in a complex case such as this, the Named Plaintiffs and Defendants Parties have concluded that it is desirable that a full and final settlement of the Action be fully and finally settled on the terms and conditions set forth in the Settlement AgreementAgreement is desirable to avoid the costs and risk of further litigation.

STATEMENT OF POTENTIAL OUTCOME OF THE ACTION. Defendants strongly dispute each of the claims asserted in the Class Action and deny that they ever engaged in any wrongdoing, violation of law law, or breach of duty. Further, Named Plaintiffs would face an uncertain outcome if the Class Action were to continue. Although While engaged in discovery, and after the Court denied ruled on Defendants’ motion Motion to dismiss the Action, this case was far from over. Prior to settling, Defendants’ motion to dismiss was scheduled for hearing. An unfavorable ruling for Plaintiffs on the motion would have severely diminished the value of this Action. AdditionallyDismiss, the Parties settlement was reached. If settlement had yet to engage in expert discovery regarding the merits of the Action. Absent settlementnot been reached, Defendants would present evidence that they reasonably and prudently managed the Plan’s investment options and fees and fulfilled all of their fiduciary obligations. As a result, continued litigation could result in a judgment in favor of the Defendants and against the Named Plaintiffs and Class. Even if the Named Plaintiffs and Class prevailed, they might recover a judgment greater or less than the benefits obtained as part of the Settlement, or no recovery at all. The Named Plaintiffs and the Defendants disagree on liability and do not agree on the amount that would be recoverable even if the Named Plaintiffs were to prevail at trial. The Defendants deny all claims and contentions by the Named Plaintiffs. The Defendants deny that they are liable to the Settlement Class and that the Settlement Class or the Plan has suffered any damages for which the Defendants could be held legally responsible. Having considered the uncertainty, costs costs, and risks inherent in any litigation, particularly in a complex case such as this, the Named Plaintiffs and Defendants have concluded that it is desirable that the Class Action be fully and finally settled on the terms and conditions set forth in the Settlement Agreement.

STATEMENT OF POTENTIAL OUTCOME OF THE ACTION. Defendants strongly dispute the claims asserted in the Action and deny that they ever engaged in any wrongdoing, violation of law or breach of duty. Further, Named Plaintiffs would face an uncertain outcome if the Action were to continue. Although the Court denied Defendants’ motion to dismiss the Action, this case was far from over. Prior to settling, two motions were pending before the Court: Plaintiffs’ motion for class certification and Defendants’ motion to dismiss was scheduled for hearingpartial summary judgment. An unfavorable ruling for Plaintiffs on either of the motion two motions would have severely diminished the value of this Action. Additionally, the Parties had yet to engage in expert discovery regarding the merits of the Action. Absent settlement, Defendants would present evidence that they reasonably and prudently managed the Plan’s investment options and fees and fulfilled all of their fiduciary obligations. As a result, continued litigation could result in a judgment in favor of the Defendants and against the Named Plaintiffs and Class. Even if the Named Plaintiffs and Class prevailed, they might recover a judgment greater or less than the benefits obtained as part of the Settlement, or no recovery at all. The Named Plaintiffs and the Defendants disagree on liability and do not agree on the amount that would be recoverable even if the Named Plaintiffs were to prevail at trial. The Defendants deny all claims and contentions by the Named Plaintiffs. The Defendants deny that they are liable to the Settlement Class and that the Settlement Class or the Plan has suffered any damages for which the Defendants could be held legally responsible. Having considered the uncertainty, costs and risks inherent in any litigation, particularly in a complex case such as this, the Named Plaintiffs and Defendants have concluded that it is desirable that the Action be fully and finally settled on the terms and conditions set forth in the Settlement Agreement.

STATEMENT OF POTENTIAL OUTCOME OF THE ACTION. Defendants strongly dispute each of the claims asserted in the Action and deny that they ever engaged in any wrongdoing, violation of law or breach of duty. Further, Named Plaintiffs would face an uncertain outcome if the Action were to continue. Although the Court denied Defendants’ motion to dismiss the Action, this case was far from over. Prior to settling, Defendants’ motion to dismiss was scheduled for hearing. An unfavorable ruling for Plaintiffs on the motion would have severely diminished the value of this Action. Additionally, the Parties If settlement had yet to engage in expert discovery regarding the merits of the Action. Absent settlementnot been reached, Defendants would present evidence that they reasonably and prudently managed the Plan’s investment options and fees and fulfilled all of their fiduciary obligations. As a result, continued litigation could result in a judgment in favor of the Defendants and against the Named Plaintiffs and Class. Even if the Named Plaintiffs and Class prevailed, they might recover a judgment greater or less than the benefits amount obtained as part of the Settlement, or no recovery at all. The Named Plaintiffs and the Defendants disagree on liability and do not agree on the amount that would be recoverable even if the Named Plaintiffs were to prevail at trial. The Defendants deny all claims and contentions by the Named Plaintiffs. The Defendants deny that they are liable to the Settlement Class and that the Settlement Class or the Plan has suffered any damages for which the Defendants could be held legally responsible. Having considered the uncertainty, costs and risks inherent in any litigation, particularly in a complex case such as this, the Named Plaintiffs and Defendants have concluded that it is desirable that the Action be fully and finally settled on the terms and conditions set forth in the Settlement Agreement.

STATEMENT OF POTENTIAL OUTCOME OF THE ACTION. Defendants strongly dispute the claims asserted in the Action and deny that they ever engaged in any wrongdoing, violation of law or breach of duty. Further, Named Plaintiffs would face an uncertain outcome if the Action were to continue. Although the Court denied Defendants’ Prior to Defendants filing a motion to dismiss the ActionComplaint, this case litigation was far from over. Prior to settling, Defendants’ motion to dismiss was scheduled for hearing. An unfavorable ruling for Plaintiffs on the motion would have severely diminished the value of this Action. Additionally, the Parties had yet to engage in expert discovery regarding the merits of the Actionstayed. Absent settlement, Defendants would present evidence that they reasonably and prudently managed the Plan’s investment options and fees and fulfilled all of their fiduciary obligations. As a result, continued litigation could result in a judgment in favor of the Defendants and against the Named Plaintiffs and Class. Even if the Named Plaintiffs and Class prevailed, they might recover a judgment greater or less than the benefits obtained as part of the Settlement, or in no recovery at all. The Named Plaintiffs and the Defendants disagree on liability and do not agree on the amount that would be recoverable even if the Named Plaintiffs were to prevail at trial. The Defendants deny all claims and contentions by the Named Plaintiffs. The Defendants deny that they are liable to the Settlement Class and that the Settlement Class or the Plan has suffered any damages for which the Defendants could be held legally responsible. Having considered the uncertainty, costs and risks inherent in any litigation, particularly in a complex case such as this, the Named Plaintiffs and Defendants have concluded that it is desirable that the Action be fully and finally settled on the terms and conditions set forth in the Settlement Agreement.

STATEMENT OF POTENTIAL OUTCOME OF THE ACTION. Defendants strongly dispute each of the claims asserted in the Action and deny that they ever engaged in any wrongdoing, violation of law law, or breach of duty. Further, Named Plaintiffs would face an uncertain outcome if litigation of the Action were to continue. Although If the Court denied Defendants’ motion to dismiss the Action, this case was far from over. Prior to settling, Defendants’ motion to dismiss was scheduled for hearing. An unfavorable ruling for Plaintiffs on the motion would have severely diminished the value of this Action. Additionally, the Parties Settlement had yet to engage in expert discovery regarding the merits of the Action. Absent settlementnot been reached, Defendants would present evidence that they reasonably and prudently managed the Plan’s investment options and fees and fulfilled all of their fiduciary obligations. As a result, continued litigation could result in a judgment in favor of the Defendants and against the Named Plaintiffs and Class. Even if the Named Plaintiffs and Class prevailed, they might recover a judgment greater or less than the benefits amount obtained as part of the Settlement, or no recovery at all. The Named Plaintiffs and the Defendants disagree on liability and do not agree on the amount that would be recoverable even if the Named Plaintiffs were to prevail at trial. The Defendants deny all claims and contentions by the Named Plaintiffs. The Defendants deny that they are liable to the Settlement Class and that the Settlement Class or the Plan has suffered any damages for which the Defendants could be held legally responsible. Having considered the uncertainty, costs costs, and risks inherent in any litigation, particularly in a complex case such as this, the Named Plaintiffs and Defendants have concluded that it is desirable that the Action be fully and finally settled on the terms and conditions set forth in the Settlement Agreement.

STATEMENT OF POTENTIAL OUTCOME OF THE ACTION. Defendants strongly dispute each of the claims asserted in the Action and deny that they ever engaged in any wrongdoing, violation of law or breach of duty. Further, Named Plaintiffs would face an uncertain outcome if the Action were to continue. Although the Court denied Defendants’ Following fact and expert discovery, and after Plaintiffs filed their motion to dismiss the Action, this case was far from over. Prior to settling, Defendants’ motion to dismiss was scheduled for hearing. An unfavorable ruling for Plaintiffs on the motion would have severely diminished the value of this Action. Additionallyclass certification, the Parties settlement was reached. If settlement had yet to engage in expert discovery regarding the merits of the Action. Absent settlementnot been reached, Defendants would present evidence that they reasonably and prudently managed the Plan’s investment options and fees and fulfilled all of their fiduciary obligations. As a result, continued litigation could result in a judgment in favor of the Defendants and against the Named Plaintiffs and Settlement Class. Even if the Named Plaintiffs and Settlement Class prevailed, they might recover a judgment greater or less than the benefits obtained as part of the Settlement, or no recovery at all. The Named Plaintiffs and the Defendants disagree on liability and do not agree on the amount that would be recoverable even if the Named Plaintiffs were to prevail at trial. The Defendants deny all claims and contentions by the Named Plaintiffs. The Defendants deny that they are liable to the Settlement Class and deny that the Settlement Class or the Plan has suffered any damages for which the Defendants could be held legally responsible. Having considered the uncertainty, costs and risks inherent in any litigation, particularly in a complex case such as this, the Named Plaintiffs and Defendants have concluded that it is desirable that the Action be fully and finally settled on the terms and conditions set forth in the Settlement Agreement.