SUMMARY OF THE PROPOSED SETTLEMENT Sample Clauses

SUMMARY OF THE PROPOSED SETTLEMENT. The following description of the proposed Settlement of the Action is only a summary. Reference may be made to the text of the Stipulation, on file with the Court, for a full statement of its provisions. The major terms of the Settlement are as follows. (a) In full and final disposition, settlement, discharge, release, and satisfaction of any and all claims, individual, class or derivative in nature, including those claims asserted in the Action, that have been or could be asserted by or on behalf of any member of the Class against any Defendant or a general partner of the Subject Partnerships (as more fully defined in the term "Releasees" contained in the Stipulation) with respect to any transaction or occurrence constituting the subject matter of the Action ("Settled Claims," as defined more fully below), Defendants agree to provide the following consideration: (b) The Defendants agree to disseminate a Supplement to the Offers, provided herewith, providing additional information to each of the unitholders in the Subject Partnerships, as defined in and attached to the Stipulation, and as filed with the Court. (c) Additionally, Defendants agree that the tender offer prices will be increased to reflect a premium. Defendants agree to pay unitholders a premium of $1,500,000 to be spread equally across all the tendering unitholders of the Subject Partnerships, resulting in an approximately 6.6% premium in the tender offer price for each limited partnership. (d) Defendants agree to purchase up to 35% of the outstanding units of the Subject Partnerships. The Amended Stipulation of Settlement is subject to the following conditions and, except by mutual consent of the parties' counsel as provided therein, shall be canceled and terminated unless: (a) The Court shall enter a Final Judgment approving the Settlement as fair and adequate to the Class; and (b) The Court's Final Judgment becomes final, binding and nonappealable, as set forth in the Amended Stipulation of Settlement. This Notice is not intended to be a complete description of the Stipulation. The Stipulation contains the full and complete terms of the Settlement.

SUMMARY OF THE PROPOSED SETTLEMENT. A. What Are the Terms of the Settlement? Defendants have agreed to pay $625,000.00 to settle the Litigation (“Gross Settlement Amount”). The Gross Settlement Amount includes attorneys’ fees and costs, costs of settlement administration, PAGA penalties, and the Class Representatives’ Service Awards. The “Net Settlement Fund” is the remainder of the Gross Settlement Amount after the deductions have been made for the following items: (1) up to $208,333.33 (one-third of the Gross Settlement Amount) for Class Counsel’s attorneys’ fees; (2) Class Counsel’s actual litigation costs, not to exceed $20,000; (3) the costs of settlement administration, not to exceed $10,000; (4) $25,000 for the PAGA penalties; and (5) up to $8,000.00 each to Plaintiffs for serving as a Class Representatives.

SUMMARY OF THE PROPOSED SETTLEMENT. 1. The proposed settlement was reached following substantial discovery, document production and review, and various depositions, as well as a variety of motion practice. Plaintiff and the individual defendants, with the participation of corporate counsel, engaged in settlement communications intermittently from January 2007 into July 2007, and more intensively from July 2007 into August 2007. 2. The settlement provides for the disposition and dismissal of the derivative lawsuit and the dismissal of all claims against all parties with prejudice and without costs, except to the extent that counsel for Steel Partners II, L.P. may apply for certain attorneys' fees and costs as set forth more particularly below. 3. In addition to the disposition of the derivative action, plaintiff Steel Partners II, L.P. is also dismissing with prejudice and without costs an action that it commenced in its own name, and not derivatively, in May 2005, in the United States District Court for the District of New Jersey, seeking various forms of relief against certain of the Individual Defendants, two other directors of Ronson, and Daryl K. Holcomb, Ronson's Chief Financial Officer. 4. The xxxxxxxx xxxxxxxs of the settlement may be summarized as follows:

SUMMARY OF THE PROPOSED SETTLEMENT. A. What Are the Terms of the Settlement? Defendants have agreed to pay $450,000.00 to settle the Litigation (“Gross Settlement Amount”). The Gross Settlement Amount includes attorneys’ fees and costs, costs of settlement administration, PAGA penalties, and the Class Representative’s Enhancement Award. The “Net Settlement Fund” is the remainder of the Gross Settlement Amount after the deductions have been made for the following items: (1) up to $150,000 (one-third of the Gross Settlement Amount) for Class Counsel’s attorneys’ fees;

SUMMARY OF THE PROPOSED SETTLEMENT. If the Court grants final approval of the Settlement and a final judgment is entered, Ecolab will pay $2,550,000.00 (referred to as the “Settlement Amount”). The Parties agreed to the following payments from the Settlement Amount, subject to Court approval: Penalties to the California Labor Workforce and Development Agency and Private Attorneys General Act Aggrieved Employees. A total of $200,000.00 will be paid in penalties under the PAGA (“PAGA Settlement Amount”). These penalties will be apportioned among the current and former Ecolab employees who worked as TMs and/or HTMs and/or TSRs in California from May 18, 2016 through [date of preliminary approval] (“PAGA Members”). Out of the $200,000.00 in total PAGA penalties to be paid under this Settlement, 75% will be paid to the California Labor Workforce Development Agency and the remaining 25% will be distributed to the PAGA Members (including the Settlement Class Members who participate as PAGA Members).

SUMMARY OF THE PROPOSED SETTLEMENT. If the Settlement Agreement is approved by the Court, U. S. Steel will pay the total amount of $2,000,000 into the Settlement Fund for the benefit and advantage of all Settlement Class Members, each of whom will release his or her claims as set forth in Paragraph 8 below. After the deduction of any court-approved payments (a) to Class Counsel for attorneys' fees and the costs and expenses incurred in the case (which will not exceed $925,000) and (b) to each of the Named Plaintiffs for bringing the lawsuit on behalf of the Settlement Class (which is expected to be no more than $5,000), the Settlement Fund will be evenly distributed to the households of all Settlement Class Members who submit a Claim Form approved by Class Counsel. U. S. Steel also will spend at least $6,500,000 on environmental improvement measures within one year to address plant emissions and reduce the potential for odor.

SUMMARY OF THE PROPOSED SETTLEMENT. If the proposed Settlement Agreement is approved by the Court, Rousselot will pay the total amount of $3,075,000 (defined above as the “Settlement Payment”) for the benefit of all Class Members, each of whom will release his or her claims against Xxxxxxxxx as set forth in Paragraph 8 below and in the proposed Settlement Agreement. After the deduction of any court-approved payments (a) to Class Counsel for attorneys' fees, costs and expenses incurred in the Litigation and (b) to the Named Plaintiffs for bringing the Litigation on behalf of the Class (which is expected to be no more than $10,000 per Plaintiff household), the Settlement Payment will be evenly distributed to the households of all Class Members who timely submit a valid Claim Form approved by Class Counsel. As part of the proposed Settlement Agreement, Xxxxxxxxx has also agreed not to operate the Facility as a gelatin manufacturing facility now or in the future.

SUMMARY OF THE PROPOSED SETTLEMENT. The Court has preliminarily approved the proposed Settlement. If the Court grants final approval, the terms of the Settlement Agreement will be the binding terms of the Settlement, and all such terms are set forth in the Settlement Agreement that is on file with the Court, which can also be found at xxx.XXXXxxxxxxxxxxxxxxxxx.xxx where you may review it.

SUMMARY OF THE PROPOSED SETTLEMENT. The Parties were able to reach agreement on all issues and have therefore agreed that, subject to OEB approval of this proposed Settlement Agreement, there are no issues that need to be considered through a hearing. OPG applied to the OEB pursuant to 78.1 of the Ontario Energy Board Act, 1998, for an order or orders approving the disposition of the audited actual balances as of December 31, 2012 in its deferral and variance accounts, except for the balances in the Hydroelectric Incentive Mechanism Variance Account and Hydroelectric Surplus Baseload Generation Variance Account of ($2.4M)1 and $4.1M2 respectively, and a portion of the Capacity Refurbishment Variance Account of $2.4M3. For purposes of settlement, the Parties agreed to defer the consideration of the balance of $30.2M4 in the Nuclear Development Variance Account until OPG’s next Nuclear cost of service application and to forego the recovery of interest charges for certain accounts. In the Application, the December 31, 2012 audited actual balances of OPG’s deferral and variance accounts totaled $1,274.4M5. After the adjustments set out in columns (b) and (d) of Tables 16A and 17A of Attachment 1, the Parties accept the December 31, 2012 audited actual balances for recovery totalling $1,058.3M as set out on an account basis in column (e) of Tables 16A and 17A of Attachment 1 of this Settlement Agreement, consisting of $111.0M for hydroelectric and $947.3M for nuclear deferral and variance accounts. Based on specified recovery periods, in its Application OPG proposed to recover $103.3M6 and $849.4M7 in respect of regulated hydroelectric and nuclear accounts, respectively over 2013 and 1 See Attachment 1, Table 16, line 3, Columns (a) and (g).

SUMMARY OF THE PROPOSED SETTLEMENT. The Settlement achieved by the parties to the Litigation settles and resolves the Litigation against Nine West in its entirety and was granted preliminary approval by the Court on _____, 2000. The following is a summary of the principal provisions of the Settlement. The Settlement Agreement, which contains all of the terms and conditions of the Settlement, is on file with the United States District Court for the Southern District of New York and may be obtained by contacting the Liaison Counsel for the Plaintiff States at the address listed above in Section III of this Notice. The terms of the settlement are summarized as follows: 1. Nine West has agreed to pay the amount of $34 million into a settlement fund. 2. A portion will be used to pay Plaintiff States’ attorneys’ fees and costs and expenses incurred in the Litigation and in the notice and administration of the Settlement as described in Section V. The remainder, whichis expected to be approximately $30.5 million will be distributed to the Plaintiff States pro rata based on each of the Plaintiff States’ percentage share of the total population of the Plaintiff States as a whole. The funds shall be distributed to the states, political subdivisions thereof, not-for-profit corporations and/or charitable organizations within each state. The funds shall be used to fund programs relating to women’s health, women’s educational, women’s vocational, and women’s safety programs. These funds shall only be used to fund activities which have not been funded and which otherwise would not be fully funded. These funds shall not be used to supplant existing funding. 3. Nine West has further agreed to injunctive relief, summarized as follows: A. For five (5) years, Nine West will not enter into any agreement with any Dealer to fix the retail prices at which Nine West Products are advertised or sold to consumers. B. For five (5) years, Nine West will not coerce or pressure any Dealer to maintain any resale price. However, Nine West retains the right to unilaterally terminate any Dealer for lawful business reasons that are not inconsistent with the injunction. C. For five (5) years, Nine West will not secure or attempt to secure any commitment from any Dealer concerning the resale price at which the retailer may advertise or sell any product. D. For five (5) years, Nine West will not have any policy or practice pursuant to which Nine West notifies a Dealer in advance that: (1) the Dealer is subject to partial or tempor...