TERMS OF THE JUDGMENT. 31. If the Settlement contemplated by this Stipulation is approved by the Court, Lead Counsel and Defendants’ Counsel shall request that the Court enter a Judgment, substantially in the form attached hereto as Exhibit B.
TERMS OF THE JUDGMENT. 26 32. If the Settlement contemplated by this Stipulation is approved by the Court, Lead
TERMS OF THE JUDGMENT. 39. If the Settlement contemplated by this Stipulation is approved by the Court, Lead Counsel and Defendants’ Counsel shall jointly request that the Court enter a Judgment, substantially in the form attached hereto as Exhibit B, including without limitation, a PSLRA “bar order” as specified in ¶ 14 of the Judgment attached hereto.
TERMS OF THE JUDGMENT. 37. If the Settlement contemplated by this Settlement Agreement is approved by the Court, Lead Counsel and Defendants’ Counsel shall request that the Court enter a Judgment substantially in the form annexed hereto as Exhibit B:
TERMS OF THE JUDGMENT. 12 31. If the Settlement contemplated by this Stipulation is approved by the 13 Court, Lead Counsel and Defendants’ Counsel shall request that the Court enter a 14 Judgment, substantially in the form attached hereto as Exhibit B.
TERMS OF THE JUDGMENT. 18. Promptly upon execution of this Stipulation, the Parties shall submit this Stipulation to the Court and shall jointly request the prompt entry of the Judgment approving the Settlement of the Derivative Claims if no objections are received by the expiration of the objection period provided for in the Supplemental Scheduling Order. If an objection to the Revised Settlement is timely received, the Court will determine whether to reconvene the Settlement Fairness Hearing. One business day after receipt of the payments in Section 2(f), the Parties shall file a separate stipulation of dismissal with prejudice for the non-derivative claims.
TERMS OF THE JUDGMENT. 34. If the Settlement contemplated by this Stipulation is approved by the Court, Class Counsel and Defendants’ Counsel shall jointly request that the Court enter a Judgment substantially in the form annexed hereto as Exhibit B. Within ten (10) calendar days of the Judgment becoming Final, Defendants shall file an unopposed or joint motion to voluntarily dismiss the appeal of the Court’s June 30, 2017 class certification order under Federal Rule of Appellate Procedure 42(b). The unopposed or joint motion shall specify that each party shall bear its own costs, fees, and expenses arising out of the proceedings.
TERMS OF THE JUDGMENT. 31. If the Settlement contemplated by this Stipulation is approved by the Court, Lead Counsel and Defendants’ Counsel shall request that the Court enter a Judgment, substantially in the form attached hereto as Exhibit B. As reflected in Exhibit B, the Parties explicitly agree to jointly request that the Court include in the Judgment a bar order constituting the final discharge of all obligations of Defendants’ Releasees to any individual or entity arising out of actual or threatened liability to Plaintiffs’ Releasees. The proposed order shall bar all future claims and claims over by any individual or entity against the Defendants’ Releasees for (i) contribution or indemnity (or any other claim or claim-over, however denominated on whatsoever theory) arising out of or related to the claims or allegations asserted by the Plaintiffs in this Action, or (ii) any other claim of any type, whether arising under state, federal, common or foreign law, for which the injury claimed is that person’s or entity’s actual or threatened liability to Plaintiffs’ Releasees arising out of or related to the claims or allegations asserted by the Plaintiffs in this Action. The proposed bar order shall also provide that any final verdict or judgment that may be obtained by or on behalf of Plaintiffs’ Releasees (collectively or separately) against Defendants’ Releasees (collectively or separately) shall be reduced by the greater of: (i) an amount that corresponds to the percentage of responsibility of Defendants for common damages; or (ii) the amount paid by or on behalf of Defendants to Plaintiffs’ Releasees (collectively or separately) for common damages.
TERMS OF THE JUDGMENT. 34. If the Settlement contemplated by this Stipulation is approved by the Court, Lead Counsel and Settling Defendants’ Counsel shall jointly request that the Court enter a Judgment substantially in the form annexed hereto as Exhibit B 35. As required by the PSLRA, the following bar order and judgment reduction provision shall be included, in substantially the following form, in the Judgment or Alternative Judgment: Pursuant to the PSLRA, 15 U.S.C. Section 78u-4(f)(7)(A), and applicable law, upon the Effective Date, any and all claims, actions, allegations, causes of action, demands or rights, however denominated and whether presently known or unknown, seeking contribution as that term is defined for purposes of the PSLRA, or seeking indemnification for claims arising under the federal securities laws or for state law claims arising out of the transactions underlying the claims in the Plymouth Action, Mylroie Action, and Consolidated Action, brought by any person or entity, including PwC, against the Settling Defendants or by any Settling Defendant against any person or entity, other than a person or entity whose liability has been extinguished by this Settlement, are hereby barred and discharged. Any final verdict or judgment obtained by or on behalf of Lead Plaintiff, the Settlement Class or any Settlement Class Member shall be reduced as provided by the PSLRA.
TERMS OF THE JUDGMENT. 41. If the Settlement contemplated by this Stipulation is approved by the Court, Lead Counsel and Defendants’ Counsel shall jointly request that the Court enter a Judgment substantially in the form annexed hereto as Exhibit B. The Judgment shall contain a provision barring claims for contribution to the fullest extent permitted by 15 U.S.C. §78u-4(f)(7) and any other applicable law or regulation, by or against Defendants. Nothing herein is intended to broaden the language of the Private Securities Litigation Reform Act of 1995.
