Supporting Papers. Lead Counsel shall file and serve the opening papers in support of the proposed Settlement, the Plan of Allocation, and Lead Counsel’s motion for an award of attorneys’ fees and reimbursement of Litigation Expenses no later than thirty-five (35) calendar days prior to the Settlement Hearing; and reply papers, if any, shall be filed and served no later than seven (7) calendar days prior to the Settlement Hearing.
Supporting Papers. All papers in support of the Settlement, Plan of Allocation, and Class Counsel’s request for an award of attorneys’ fees and expenses shall be filed with the Court and served no later than thirty-five (35) calendar days before the date set in this Order for the Settlement Hearing. If reply papers are necessary, they must be filed with the Court and served no later than seven (7) calendar days before the Settlement Hearing.
Supporting Papers. The Trustee shall not pay out any Deposited Cash against the delivery of any of the Trust Equipment unless and until it shall have received:
(a) a certificate of the agent or agents designated by the Trustee to receive delivery of the Trust Equipment, stating that the Trust Equipment described and specified therein by number or numbers has been delivered to such agent or agents (the date of such certificate to be presumed conclusively as the date of such delivery);
(b) an Officers' Certificate which shall state (i) that such Trust Equipment is Equipment as herein defined, (ii) the date each unit of such Trust Equipment was first put into use or that such Trust Equipment was first put into use not earlier than a specified date, (iii) that the Cost of such Trust Equipment is the amount therein specified
(i) an invoice or invoices from the Owner of such Trust Equipment, if other than the Company, and (ii) a bill xx bills of sale of such Trust Equipment from the Owner thereof to the Trustee, which bill xx bills of sale shall contain a warranty or guaranty to the Trustee that the title to the Trust Equipment described therein is free from all liens and encumbrances (except as permitted herein) other than the rights of the Company hereunder; and
(d) an Opinion of Counsel to the effect (i) that such bill xx bills of sale are valid and effective, either alone or in connection with any other instrument referred to in and accompanying such opinion, to vest in the Trustee title to such Trust Equipment free from all liens, security interests and other encumbrances (except as permitted herein) other than the rights of the Company hereunder, (ii) that in the case of any Trust Equipment not specifically described herein, a proper supplement hereto in respect of such Trust Equipment has been duly executed by the Trustee and the Company and filed and recorded in accordance with Section 6.05 and (iii) that, in the opinion of such counsel, all conditions precedent provided for in this Agreement relating to the payment in question have been complied with. Any Officers' Certificate delivered pursuant to this Section may state that the Cost of the Trust Equipment therein referred to is tentatively determined, subject to final adjustment to be evidenced in a final Officers' Certificate to be delivered to the Trustee.
Supporting Papers. Co-Lead Counsel shall file and serve the opening papers in support of the proposed Settlement, the Plan of Allocation, and Co-Lead Counsel’s motion for an award of attorneys’ fees and reimbursement of Litigation Expenses no later than thirty-five (35) calendar days prior to the Settlement Hearing; and reply papers, if any, shall be filed and served no later than seven (7) calendar days prior to the Settlement Hearing.
Supporting Papers. Lead Counsel shall file and serve the opening papers in support of the proposed Settlement, the proposed Plan of Allocation, and Lead Counsel’s motion for attorneys’ fees and Litigation Expenses no later than thirty-five (35) calendar days prior tothe Settlement Hearing; and reply papers, if any, shall be filed and served no later than seven (7) calendar days prior to the Settlement Hearing. SO ORDERED this day of , 2023. The Xxxxxxxxx Xxxxxxx X. Woods United States District Judge IN RE XXXXX FARGO & COMPANY SECURITIES LITIGATION Case No. 1:20-cv-04494-GHW-SN
Supporting Papers. Lead Counsel shall file and serve the opening papers in support of the proposed Settlement, Plan of Allocation and Lead Counsel’s application for an award of attorneys’ fees and litigation expenses no later than fifteen (15) calendar days prior to the Settlement Hearing. Any objections to the Settlement, the Plan of Allocation, and/or the application for an award of attorneys’ fees and litigation expense shall be filed and served no later than ten (10) calendar days prior to the Settlement Hearing. If reply papers are necessary, they are to be filed and served no later than five (5) calendar days prior to the Settlement Hearing.
Supporting Papers. The General Governors shall file a letter brief (not to exceed ten pages) in support of the proposed Settlement of the Derivative Claims no later than five (5) calendar days after entry of this Order; any objections thereto shall be filed no later than twenty-two (22) calendar days after entry of this Order; and reply papers, if any, shall be filed no later than five (5) calendar days after receipt of any objection.
Supporting Papers. Plaintiffs shall file their motion for final approval of the proposed Settlement and their motion for Attorneys’ Fees and Expenses and Class Representative’s Case Contribution Awards no later than thirty (30) calendar days before the date for filing Objections set forth in Paragraph 17.
Supporting Papers. Plaintiff’s Counsel shall file and serve the opening papers in support of the proposed Settlement and Plaintiff’s Counsel’s application for an award of attorneys’ fees and reimbursement of litigation expenses no later than 28 calendar days prior to the Settlement Hearing; opposition papers, if any, shall be filed and served no later than 14 calendar days prior to the Settlement Hearing; and reply papers, if any, shall be filed and served no later than 7 calendar days prior to the Settlement Hearing. INTER-MARKETING GROUP USA, INC., Derivatively on Behalf of Plains All American Pipeline, L.P., Plaintiff, -against- PAA GP LLC, Defendant, -and- PLAINS ALL AMERICAN PIPELINE, L.P. Nominal Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) C.A. No. 2017-0030-PAF EXHIBIT B NOTICE OF PENDENCY OF DERIVATIVE ACTION, PROPOSED SETTLEMENT OF DERIVATIVE ACTION, SETTLEMENT HEARING, AND RIGHT TO APPEAR TO: ALL PERSONS AND ENTITIES WHO HOLD OF RECORD, OR BENEFICIALLY OWN, UNITS OF PLAINS ALL AMERICAN PIPELINE, L.P. (“PLAINS UNITHOLDERS”). This Notice relates to a proposed settlement (the “Settlement”) of the above- captioned, derivative action (the “Action”), pending in the Court of Chancery of the State of Delaware (the “Court”), which was brought by a Plains unitholder on behalf of Plains for the benefit of Plains. Subject to the approval of the Court, the Settlement will resolve all claims brought, or that could have been brought, in the Action. The complete terms of the Settlement, which remains subject to approval of the Court, are set forth in a Stipulation and Agreement of Settlement, Compromise, and Release, dated April 27, 2022 (the “Stipulation”), entered into by and among:
(1) plaintiff Inter-Marketing Group, USA, Inc. (“Plaintiff”), derivatively on behalf of Plains All American Pipeline, L.P. (“Plains” or the “Company” or the “Nominal Defendant”); (2) defendant PAA GP LLC (the “General Partner” or “Defendant”); and (3) the Nominal Defendant. Plaintiff, Defendant, and Nominal Defendant may be referred to collectively as the “Parties” or “Settling Parties.” Plains Unitholders will not submit claims in connection with the Settlement, and unitholders are not required to take any action in response to this Notice.
1. The purpose of this Notice is to inform Plains Unitholders about: (a) the pendency of the Action; (b) the Settlement, subject to Court approval, on the terms and conditions set forth in the Stipulation; (c) the rights of Plains Unitholders with respect to t...
Supporting Papers. All papers in support of the Settlement, Plan of Allocation, and Co-Lead Counsel’s request for an award of attorneys’ fees and expenses shall be filed with the Court and served at least thirty-five (35) calendar days prior to the date set herein for the Settlement Hearing. If reply papers are necessary, they are to be filed with the Court and served no later than seven (7) calendar days prior to the Settlement Hearing. All papers in support of the Settlement Plan of Allocation and Lead Counsel’s fee and expense request shall be posted to the Settlement website.
