THE BENEFITS OF THE SETTLEMENT Sample Clauses

THE BENEFITS OF THE SETTLEMENT. 3.1. Settlement Class Counsel believes that the proposed settlement set forth in this Settlement Agreement confers substantial benefits upon the Settlement Class.
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THE BENEFITS OF THE SETTLEMENT. In consideration of the Settlement, Defendants have agreed to cause the sum of $89,400,000.00 (the “Settlement Amount”) to be paid for the benefit of the Settlement Class. Del Monte shall fund sixty five million seven hundred thousand dollars ($65,700,000) of the Settlement Amount in cash, which shall include the payment by Del Monte of certain amounts previously withheld at Closing, and Barclays shall fund twenty three million seven hundred thousand dollars ($23,700,000) of the Settlement Amount in cash. The Settlement Amount, less any Fee and Expense Award approved by the Court and Administrative Costs (the “Net Settlement Amount”), will be distributed as follows, as set forth in Section B.2 , Settlement Consideration, of the Stipulation:
THE BENEFITS OF THE SETTLEMENT. In consideration of the Settlement, the Parties have implemented or have agreed to implement the following actions:

Related to THE BENEFITS OF THE SETTLEMENT

  • Distribution to ADS Holders Whenever the Company intends to distribute to the holders of the Deposited Securities rights to subscribe for additional Shares, the Company shall give notice thereof to the Depositary at least 60 days prior to the proposed distribution stating whether or not it wishes such rights to be made available to Holders of ADSs. Upon timely receipt of a notice indicating that the Company wishes such rights to be made available to Holders of ADSs, the Depositary shall consult with the Company to determine, and the Company shall determine, whether it is lawful and reasonably practicable to make such rights available to the Holders. The Depositary shall make such rights available to Holders only if (i) the Company shall have timely requested that such rights be made available to Holders, (ii) the Depositary shall have received satisfactory documentation within the terms of Section 5.7 hereof and (iii) the Depositary shall have determined that such distribution of rights is lawful and reasonably practicable. In the event any of the conditions set forth above are not satisfied, the Depositary shall proceed with the sale of the rights as contemplated in Section 4.4(b) below or, if timing or market conditions may not permit, do nothing thereby allowing such rights to lapse. In the event all conditions set forth above are satisfied, the Depositary shall establish an ADS Record Date (upon the terms described in Section 4.7 hereof) and establish procedures to distribute such rights (by means of warrants or otherwise) and to enable the Holders to exercise the rights (upon payment of applicable fees and charges of, and expenses incurred by, the Depositary and taxes and/or other governmental charges). Nothing herein shall obligate the Depositary to make available to the Holders a method to exercise such rights to subscribe for Shares (rather than ADSs).

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