Statement of the Settlement Class’s Recovery. Subject to Court approval, Plaintiffs, on behalf of themselves and the Settlement Class, have agreed to settle the Action in exchange for a settlement payment of $1,375,000 in cash (the “Settlement Amount”) to be deposited by Dropbox into an escrow account. The Net Settlement Fund (i.e., the Settlement Amount plus any and all interest earned thereon (the “Settlement Fund”) less (a) any Taxes1, (b) any Notice and Administration Costs, (c) any Litigation Expenses awarded by the Court, and (d) any attorneys’ fees awarded by the Court) will be distributed in accordance with a plan of allocation that is approved by the Court, which will determine how the Net Settlement Fund shall be allocated among members of the Settlement Class. The proposed plan of allocation (the “Plan of Allocation”) is set forth on pages - below.
Statement of the Settlement Class’s Recovery. Subject to Court approval, Lead Plaintiff, on behalf of the Settlement Class, has agreed to settle the Action in exchange for a payment of $9,000,000.00 in cash (the “Settlement Amount”), which will be deposited into an Escrow Account that may earn interest. Based on Lead Plaintiff’s damages expert’s estimate of the number of ADSs of Xx. Xxxxx’x eligible to participate in the Settlement, and assuming that all investors eligible to participate in the Settlement do so, it is estimated that the average recovery, before deduction of any Court- approved fees and expenses, such as attorneys’ fees, litigation expenses, Taxes and Tax Expenses, and Notice and Administration Expenses, would be approximately $0.28 per allegedly damaged ADS.3 If the Court approves Lead Counsel’s Fee and Expense Application (discussed below), the average recovery would be approximately $0.19 per allegedly damaged ADS. These average recovery amounts are only estimates and Class Members may recover more or less than these estimated amounts. A Class Member’s actual recovery will depend on, for example: (i) the total number of claims submitted; (ii) the amount of the Net Settlement Fund after the payment of all fees, expenses, Taxes, and Tax Expenses; (iii) when the Class Member purchased or acquired Xx. Xxxxx’x ADSs during the Class Period; and (iv) whether and when the Class Member sold their ADSs. See the Plan of Allocation beginning on page [ ] for information on the calculation of your recognized claim.
Statement of the Settlement Class’s Recovery. Lead Plaintiff has entered into the proposed Settlement with Defendants which, if approved by the Court, will resolve the Action in its entirety. Subject to Court approval, Lead Plaintiff, on behalf of the Settlement Class, has agreed to settle the Action in exchange for a payment of $4,625,000 (the “Settlement Amount”), which will be deposited into an Escrow Account (the “Settlement Fund”). Based on Lead Plaintiff’s consulting damages expert’s estimate of the number of shares of Xxxxxxx publicly traded common stock eligible to participate in the Settlement, and assuming that all investors eligible to participate in the Settlement do so, it is estimated that the average recovery, before deduction of any Court-approved fees and expenses, such as attorneys’ fees, litigation expenses, award to Lead Plaintiff pursuant to the PSLRA, Settlement Fund Taxes, and Notice and Administration Expenses, would be approximately $0.04 per allegedly damaged share.2 If the Court approves Lead Counsel’s Fee and Expense Application (discussed below), the average recovery would be approximately $0.03 per allegedly damaged share. These average recovery amounts are only estimates and Settlement Class Members may recover more or less than these estimates. A Settlement Class Member’s actual recovery will depend on, for example: (i) the number of claims submitted; (ii) the amount of the Net Settlement Fund; (iii) when and how many shares of Peabody publicly traded common stock the Settlement Class Member purchased during the Settlement Class Period; and (iv) whether and when the Settlement Class Member sold their common stock. See the Plan of Allocation beginning on page [ ] for information on the calculation of your Recognized Claim.
Statement of the Settlement Class’s Recovery. Subject to Court approval, Lead Plaintiffs, on behalf of themselves and the Settlement Class, have agreed to settle the Action in exchange for a settlement payment of $219 million in cash (the “Settlement Amount”) that has been or will be deposited into an escrow account. The Net Settlement Fund (i.e., the Settlement Amount plus any and all interest earned thereon (the “Settlement Fund”) less (a) any Taxes, (b) any Notice and Administration Costs, (c) any Litigation Expenses awarded by the Court, and (d) any attorneys’ fees awarded by the Court) will be distributed in accordance with a plan of allocation that is approved by the Court, which will determine how the Net Settlement Fund shall be allocated among members of the Settlement Class. The proposed plan of allocation (the “Plan of Allocation”) is attached to this Notice as the Appendix.
Statement of the Settlement Class’s Recovery. Subject to Court approval, Lead Plaintiffs, on behalf of the Settlement Class, have agreed to settle the Action in exchange for a payment of $5,500,000 (the “Settlement Amount”) to be deposited into an interest-bearing Escrow Account (the “Settlement Fund”). The Net Settlement Fund (as defined below) will be distributed to Settlement Class Members according to the Court-approved plan of allocation. The proposed Plan of Allocation is set forth on pages
Statement of the Settlement Class’s Recovery. Subject to Court approval, Lead Plaintiff, on behalf of himself and the Settlement Class, has agreed to settle the Action in exchange for a settlement payment of $3,500,000 in cash (the “Settlement Amount”) to be deposited into an escrow account. The Net Settlement Fund (i.e., the Settlement Amount plus any and all interest earned thereon (the “Settlement Fund”) less (a) any Taxes, (b) any Notice and Administration Costs, (c) any Litigation Expenses awarded by the Court, and (d) any attorneys’ fees awarded by the Court) will be distributed in accordance with a plan of allocation that is approved by the Court, which will determine how the Net Settlement Fund shall be allocated among members of the Settlement Class. The proposed plan of allocation (the “Plan of Allocation”) is set forth on pages - below.
Statement of the Settlement Class’s Recovery. Subject to Court approval, Lead Plaintiffs, on behalf of themselves and the Settlement Class, have agreed to settle the Action in exchange for $1,000,000,000 in cash (the “Settlement Amount”) to be deposited into an escrow account. The Net Settlement Fund (i.e., the Settlement Amount plus any and all interest earned thereon (the “Settlement Fund”) less (i) any Taxes; (ii) any Notice and Administration Costs;
Statement of the Settlement Class’s Recovery. Subject to Court approval, Lead Plaintiff, on behalf of itself and the Settlement Class, has agreed to settle the Action in exchange for $16,500,000 in cash (the “Settlement Amount”) to be deposited into an escrow account. The Net Settlement Fund (i.e., the Settlement Amount plus any and all interest earned thereon (the “Settlement Fund”) less (i) any Taxes; (ii) any Notice and Administration Costs; (iii) any Litigation Expenses awarded by the Court; (iv) any attorneys’ fees awarded by the Court; and
Statement of the Settlement Class’s Recovery. Subject to Court approval, Lead Plaintiff, on behalf of himself and the Settlement Class, has agreed to settle the Action in exchange for a cash payment of $2.95 million in cash, to be paid by WIMC and its insurance carrier (the “Settlement Amount”). The Settlement Amount has been deposited into an interest- bearing escrow account. The Settlement Amount plus interest earned thereon (the “Settlement Fund”) less (a) taxes on income earned by the Settlement Fund, defined more specifically in the Stipulation (“Taxes”), (b) the costs of giving notice of the Settlement to the Settlement Class and administering the Settlement, defined more specifically in the Stipulation (“Notice and Administration Costs”), and (c) any award of Attorneys’ Fees and Litigation Expenses (defined in Paragraph 5 of this Notice) by the Court to Lead Counsel (the “Net Settlement Fund”), will be distributed to members of the Settlement Class (“Settlement Class Members”) in accordance with a proposed plan of allocation set forth in Paragraphs 66-83 of this Notice or such other plan the Court approves (the “Plan of Allocation”).
Statement of the Settlement Class’s Recovery. Subject to Court approval, Lead Plaintiff, on behalf of himself and the Settlement Class, has agreed to settle the Action in exchange for a settlement payment of $9,450,000 in cash (the “Settlement Amount”) to be deposited into the Escrow Account as follows:
(a) Defendants shall pay or cause to be paid $2,250,000 into the Escrow Account within fifteen (15) business days of preliminary approval of the Settlement; (b) Defendants shall pay or cause to be paid the remaining $7,200,000 of the Settlement Amount into the Escrow Account within sixty (60) days of the closing of a transaction through which Straight Path sells or transfers its Licenses, including through the sale or merger of Straight Path, as set forth in the Consent Decree entered into between Straight Path and the FCC on January 12, 2017 (the “Consent Decree”); (c) in the event that the $85,000,000 non-transferrable penalty set forth in the Consent Decree is triggered, Defendants shall pay or cause to be paid the remaining $7,200,000 of the Settlement Amount into the Escrow Account within six (6) months of the date that penalty is paid; and (d) if the events set forth paragraphs 2(b) and 2(c) supra do not occur, Defendants shall pay or cause to be paid the remaining $7,200,000 of the Settlement Amount into the Escrow Account no later than December 31, 2018. The Net Settlement Fund (i.e., the Settlement Amount plus any and all interest earned thereon (the “Settlement Fund”) less any (a) Taxes, (b) Notice and Administration Costs, (c) Litigation Expenses awarded by the Court, and (d) attorneys’ fees awarded by the Court) will be distributed in accordance with a plan of allocation that is approved by the Court, which will determine how the Net Settlement Fund shall be allocated among members of the Settlement Class. The proposed plan of allocation (the “Plan of Allocation”) is set forth on pages 12-14 below.
