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

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.

Appears in 2 contracts

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

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Statement of the Settlement Class’s Recovery. Lead Plaintiff has entered into the proposed Settlement with the Settling 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 1,075,000 in cash (the “Settlement Amount”), which will be deposited into an interest-bearing 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 Changyou ADSs 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 0.05 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 and value of claims submitted; (ii) the amount of the Net Settlement Fund; (iii) when and how many shares of Peabody publicly traded common stock Changyou ADSs the Settlement Class Member purchased sold (including by tendering) during the Settlement Class PeriodPeriod and when; and (iv) whether and when the Settlement Class Member sold their common stockheld Changyou ADSs. See the Plan of Allocation beginning on page [ ] for information on the calculation of your Recognized Claim.

Appears in 2 contracts

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

Statement of the Settlement Class’s Recovery. Lead Plaintiff has Plaintiffs have 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 PlaintiffPlaintiffs, on behalf of the Settlement Class, has have agreed to settle the Action in exchange for a payment of $4,625,000 47,000,000 in cash (the “Settlement Amount”), which will be deposited into an interest-bearing Escrow Account (the “Settlement Fund”). Based on Lead Plaintiff’s Plaintiffs’ consulting damages expert’s estimate of the number of shares of Xxxxxxx Novavax 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-Court- approved fees and expenses, such as attorneys’ fees, litigation expensesLitigation Expenses, award to Lead Plaintiff pursuant to the PSLRA, Settlement Fund Taxes, and Notice and Administration Expenses, would be approximately $0.04 1.24 per allegedly damaged share.2 If the Court approves Co-Lead Counsel’s Fee and Expense Application (discussed below), the average recovery would be approximately $0.03 0.80 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 and value of claims submitted; (ii) the amount of the Net Settlement Fund; (iii) when and how many shares of Peabody Novavax 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 Novavax publicly traded common stock. See the Plan of Allocation beginning on page [ ] for information on about the calculation of your Recognized Claim.

Appears in 1 contract

Samples: Settlement Agreement

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 39,000,000 in cash (the “Settlement Amount”), which will be deposited into an interest-bearing Escrow Account (the “Settlement Fund”). Based on Lead Plaintiff’s consulting damages expert’s estimate of the number of shares of Xxxxxxx WWE 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-Court- approved fees and expenses, such as attorneys’ fees, litigation expensesLitigation Expenses, award to Lead Plaintiff pursuant to the PSLRA, Settlement Fund Taxes, and Notice and Administration Expenses, would be approximately $0.04 0.95 per allegedly damaged share.2 If the 2 An allegedly damaged share might have been traded, and potentially damaged, more than once during the Class Period, and the average recovery indicated above represents the estimated average recovery for each share that allegedly incurred damages. Court approves Lead Counsel’s Fee and Expense Application (discussed below), the average recovery would be approximately $0.03 0.77 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 WWE publicly traded common stock the Settlement Class Member purchased or acquired during the Settlement Class Period; and (iv) whether and when the Settlement Class Member sold their WWE publicly traded common stock. See the Plan of Allocation beginning on page [ ] for information on the calculation of your Recognized Claim.

Appears in 1 contract

Samples: Stipulation and Agreement of Settlement

Statement of the Settlement Class’s Recovery. Lead Plaintiff has Plaintiffs have 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 PlaintiffPlaintiffs, on behalf of the Settlement Class, has have agreed to settle the Action in exchange for a payment of $4,625,000 73,000,000 in cash (the “Settlement Amount”), which will be deposited into an interest-bearing Escrow Account (the “Settlement Fund”). Based on Lead Plaintiff’s consulting Plaintiffs’ damages expert’s estimate of the number of shares of Xxxxxxx Nielsen 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 awards to Lead Plaintiff Plaintiffs pursuant to the PSLRA, Settlement Fund Taxes, and Notice and Administration Expenses, would be approximately $0.04 0.19 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 0.14 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 Nielsen 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 Nielsen publicly traded common stock. See the Plan of Allocation beginning on page [ ] for information on the calculation of your Recognized Claim.

Appears in 1 contract

Samples: Settlement Agreement

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Statement of the Settlement Class’s Recovery. Lead Plaintiff has Plaintiffs have entered into the proposed Settlement with Defendants Defendants, which, if approved by the Court, will resolve the Action in its entirety. 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 $4,625,000 38,875,000 in cash (the “Settlement Amount”), which will be deposited into an interest-bearing Escrow Account (the “Settlement Fund”). Based on Lead Plaintiff’s consulting Plaintiffs’ 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 soestimate, it is estimated that the average recovery, before deduction of any Court-approved fees and expenses, such as attorneys’ fees, litigation expenses, award awards to Lead Plaintiff Plaintiffs pursuant to the Private Securities Litigation Reform Act of 1995 (the “PSLRA”), Settlement Fund Taxes, and Notice and Administration Expenses, would be approximately $0.04 0.10 per allegedly damaged share.2 common share, $1.05 per $1,000 face value of allegedly damaged Uniti Notes and $0.005 per allegedly damaged option. If the Court approves Co- Lead Counsel’s Fee and Expense Application (discussed below), the average recovery would be approximately $0.03 0.07 per allegedly damaged common share, $0.69 per $1,000 face value of Uniti allegedly damaged Notes, and $0.003 per allegedly damaged option. 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 submittedsubmitted for each security; (ii) the amount of the Net Settlement Fund; (iii) when and when, how many shares and which type of Peabody publicly traded common stock Uniti Securities the Settlement Class Member purchased during the Settlement Class Period; and (iv) whether and when the Settlement Class Member sold their common stockthe Uniti Securities. See the Plan of Allocation beginning on page [ ] for information on the calculation of your Recognized Claim.

Appears in 1 contract

Samples: Settlement Agreement

Statement of the Settlement Class’s Recovery. Lead Plaintiff has Plaintiffs have 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 PlaintiffPlaintiffs, on behalf of the Settlement Class, has have agreed to settle the Action in exchange for a payment of $4,625,000 12,000,000 in cash (the “Settlement Amount”), which will be deposited into an interest-bearing Escrow Account (the “Settlement Fund”). Based on Lead Plaintiff’s consulting Plaintiffs’ damages expert’s estimate of the number of shares of Xxxxxxx Credit Acceptance 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 expensesLitigation Expenses, award awards to Lead Plaintiff Plaintiffs pursuant to the Private Securities Litigation Reform Act of 1995 (“PSLRA”), Settlement Fund Taxes, and Notice and Administration Expenses, would be approximately $0.04 1.95 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 1.34 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 Credit Acceptance 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 Credit Acceptance publicly traded common stock. See the Plan of Allocation beginning on page [ ] for information on the calculation of your Recognized Claim.

Appears in 1 contract

Samples: Settlement Agreement

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