Common use of Statement of the Settlement Class’s Recovery Clause in Contracts

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.

Appears in 3 contracts

Samples: Settlement Agreement, Stipulation and Agreement of Settlement, Stipulation and Agreement of Settlement

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Statement of the Settlement Class’s Recovery. Subject to Court approval, Lead PlaintiffPlaintiffs, on behalf of the Settlement Class, has have agreed to settle the Action in exchange for a payment of $9,000,000.00 15,750,000 in cash (the “Settlement Amount”), which will be deposited into an interest-bearing Escrow Account that may earn interest(the “Settlement Fund”). Based on Lead Plaintiff’s Plaintiffs’ damages expert’s estimate of the number of ADSs ordinary shares of Xx. Xxxxx’x Prothena 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- Court-approved fees and expenses, such as attorneys’ fees, litigation expenses, Taxes and Tax ExpensesTaxes, and Notice and Administration Expenses, would be approximately $0.28 0.63 per allegedly damaged ADS.3 share.2 If the Court approves Co-Lead Counsel’s Fee and Expense Application (discussed below), the average recovery would be approximately $0.19 0.43 per allegedly damaged ADSshare. These average recovery amounts are only estimates and Settlement Class Members may recover more or less than these estimated amounts. A Settlement 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 ExpensesFund; (iii) when the Settlement Class Member purchased or acquired Xx. Xxxxx’x ADSs Prothena’s ordinary shares during the Class Period; and (iv) whether and when the Settlement Class Member sold their ADSsshares. See the Plan of Allocation beginning on page [ ] for information on the calculation of your recognized claimRecognized Claim.

Appears in 2 contracts

Samples: Stipulation and Agreement of Settlement, Settlement Agreement

Statement of the Settlement Class’s Recovery. Subject to Court approval, Co-Lead PlaintiffPlaintiffs, on behalf of the Settlement Class, has have agreed to settle the Action in exchange for a payment of $9,000,000.00 9,750,000 in cash (the “Settlement Amount”), which will be deposited into an Escrow Account that may earn interest(the “Settlement Fund”). Based on Co-Lead Plaintiff’s damages expert’s Plaintiffs’ estimate of the number of ADSs shares of Xx. Xxxxx’x Mindbody publicly traded Class A 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- Court-approved fees and expenses, such as attorneys’ fees, litigation expensesLitigation Expenses, Taxes and Tax ExpensesTaxes, and Notice and Administration Expenses, would be approximately $0.28 0.26 per allegedly damaged ADS.3 share.2 If the Court approves Lead Counsel’s Fee and Expense Application (discussed below), the average recovery would be approximately $0.19 0.16 per allegedly damaged ADSshare. These average recovery amounts are only estimates and Settlement Class Members may recover more or less than these estimated amountsestimates. A Settlement 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 ExpensesFund; (iii) when how many shares of Mindbody publicly traded Class A common stock the Settlement Class Member purchased or acquired Xx. Xxxxx’x ADSs sold during the Class PeriodPeriod and when; and (iv) whether and when the Class Member sold their ADSstotal Recognized Claims of all valid Claim Forms. See the Plan of Allocation beginning on page [ ] for information on the calculation of your recognized claimRecognized Claim.

Appears in 2 contracts

Samples: Settlement Agreement, Stipulation and Agreement of Settlement

Statement of the Settlement Class’s Recovery. Subject to Court approval, Lead PlaintiffPlaintiffs, on behalf of the Settlement Class, has have agreed to settle the Action claims against Defendants in exchange for a payment of $9,000,000.00 3,325,000 in cash (the “Settlement Amount”), which will be deposited into an interest-bearing Escrow Account that may earn interest(the “Settlement Fund”). Based on Co-Lead Plaintiff’s damages expertCounsel’s estimate of the number of ADSs shares of Xx. Xxxxx’x the Fund 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- Court-approved fees and expenses, such as attorneys’ fees, litigation expenses, Taxes and Tax ExpensesTaxes, and Notice and Administration Expenses, would be approximately $0.28 0.009 per allegedly damaged ADS.3 share.2 If the Court approves Co-Lead Counsel’s Fee and Expense Application (discussed below), the average recovery would be approximately $0.19 0.006 per allegedly damaged ADSshare. These average recovery amounts are only estimates and Settlement Class Members may recover more or less than these estimated amounts. A Settlement 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 ExpensesFund; (iii) when the Settlement Class Member purchased or acquired Xx. Xxxxx’x ADSs shares of the Fund during the Class Period; and (iv) whether and when the Settlement Class Member sold their ADSsshares. See the Plan of Allocation beginning on page [ ] for information on the calculation of your recognized claimRecognized Claim.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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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 11,000,000 in cash (the “Settlement Amount”), which will be deposited into an interest-bearing Escrow Account that may earn interest(the “Settlement Fund”). Based on Lead Plaintiff’s damages expert’s estimate of the number of ADSs shares of Xx. Xxxxx’x CPI 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- Court-approved fees and expenses, such as attorneys’ fees, litigation expenses, Taxes and Tax ExpensesTaxes, and Notice and Administration Expenses, would be approximately $0.28 0.38 per allegedly damaged ADS.3 share.2 If the Court approves Lead Counsel’s Fee and Expense Application (discussed below), the average recovery would be approximately $0.19 0.26 per allegedly damaged ADSshare. These average recovery amounts are only estimates and Settlement Class Members may recover more or less than these estimated amounts. A Settlement 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 ExpensesFund; (iii) when the Settlement Class Member purchased or acquired Xx. Xxxxx’x ADSs CPI common stock during the Class PeriodRelevant Period (defined below); and (iv) whether and when the Settlement Class Member sold their ADSsCPI common stock. See the Plan of Allocation beginning on page [ ] for information on the calculation of your recognized claimRecognized Claim.

Appears in 2 contracts

Samples: Stipulation and Agreement of Settlement, Stipulation and Agreement of Settlement

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 11,000,000 in cash (the “Settlement Amount”), which will be deposited into an interest-bearing Escrow Account that may earn interest(the “Settlement Fund”). Based on Lead Plaintiff’s damages expert’s estimate of the number of ADSs shares of Xx. Xxxxx’x RAC 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- Court-approved fees and expenses, such as attorneys’ fees, litigation expenses, Taxes and Tax ExpensesTaxes, and Notice and Administration Expenses, would be approximately $0.28 0.23 per allegedly damaged ADS.3 share.2 If the Court approves Lead Counsel’s Fee and Expense Application (discussed below), the average recovery would be approximately $0.19 0.16 per allegedly damaged ADSshare. These average recovery amounts are only estimates and Settlement Class Members may recover more or less than these estimated amounts. A Settlement 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 ExpensesFund; (iii) when the Settlement Class Member purchased or acquired Xx. Xxxxx’x ADSs Rent-A-Center common stock during the Class PeriodPeriod (defined below); and (iv) whether and when the Settlement Class Member sold their ADSsRAC common stock. See the Plan of Allocation beginning on page [ ] for information on the calculation of your recognized claimRecognized Claim.

Appears in 1 contract

Samples: Settlement Agreement

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