THE TERMS OF THE SETTLEMENT Sample Clauses

THE TERMS OF THE SETTLEMENT. What claims are covered by the Settlement?
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THE TERMS OF THE SETTLEMENT. To avoid the time and expense of further litigation, Plaintiff and Defendants have agreed to resolve the litigation. The Settlement is the product of extensive negotiations between the parties, who were assisted in their negotiations by a neutral private mediator. The parties have taken into account the uncertainty and risks of litigation and have concluded that it is desirable to settle on the terms and conditions set forth in the Settlement Agreement. If the Settlement is approved by the Court, the Settlement Class will obtain the benefits of the Settlement without the further delay and uncertainty of additional litigation. The Settlement resolves all issues regarding the Plan’s inclusion of Chesapeake Stock. The terms of the Settlement are set forth in the Class Action Settlement Agreement dated April 18, 2022 (the “Settlement Agreement”), which is available on the Settlement Website at xxxx://xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx. Those terms are summarized below. This Notice is a summary, and in the event of any inconsistency, the Settlement Agreement controls. Nothing in the Settlement Agreement is an admission or concession on Defendants’ part of any fault or liability, nor is it an admission or concession on Plaintiff’s part that his claims lacked merit.
THE TERMS OF THE SETTLEMENT. To avoid the time and expense of a lawsuit, Plaintiffs and Defendants have agreed to a settlement that involves both monetary payments to Plan participants and changes in the investment options and fees of the Plan. These and other terms of the Settlement are set forth in the Class Action Settlement Agreement dated May 19, 2016 (“Settlement Agreement”), and described below.
THE TERMS OF THE SETTLEMENT. What is the settlement amount? Page 4 8. How much will my Individual Settlement Payment be? Page 4
THE TERMS OF THE SETTLEMENT. What is the settlement amount?
THE TERMS OF THE SETTLEMENT. Pursuant to the terms of the Settlement, and based on an analysis of Defendant’s timekeeping and payroll records, Defendant has agreed to pay you a gross amount of $ (“Settlement Payment”). If the Court approves the Parties’ settlement, a check for this amount will be mailed to you. Under the tax laws, your Settlement Payment constitutes earned wages. Thus, your payment will be issued in the form of a payroll check subject to all ordinary employee taxes and withholdings. YOU DO NOT NEED TO DO ANYTHING IN ORDER TO RECEIVE THIS SETTLEMENT PAYMENT. UNLESS YOU EXCLUDE YOURSELF FROM THE SETTLEMENT CLASS, YOU WILL RECEIVE THE AMOUNT STATED ABOVE.
THE TERMS OF THE SETTLEMENT. This case has been pending since November 2017. To avoid prolonging the litigation further, Plaintiff and Defendants have agreed to a settlement. Plaintiff’s claims in the lawsuit involve the investment options in the Plans, which offered investments that Plaintiff alleges were imprudent and charged excessive fees. The Settlement covers the 403(b) Plan, the 401(a) Plan, and the 401(k) Plan and resolves all issues regarding the prudence and fees charged by the Plans from November 28, 2011 until the present time. Assuming the Settlement is approved by the Court, settling the case means that monetary relief will be distributed to the Settlement Class, and without the further delay and uncertainty of additional litigation. The terms of the Settlement are set forth in the Class Action Settlement Agreement, dated January 25, 2019 (“Settlement Agreement”), which is available at www. .com, and are summarized below.
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Related to THE TERMS OF THE SETTLEMENT

  • TERMS OF SETTLEMENT The Respondent agrees to the following terms of settlement:

  • ADDITIONAL TERMS OF SETTLEMENT 24. This settlement is agreed upon in accordance with section 24.4 of MFDA By-law No. 1 and Rules 14 and 15 of the MFDA Rules of Procedure. 25. The Settlement Agreement is subject to acceptance by the Hearing Panel which shall be sought at a hearing (the “Settlement Hearing”). At, or following the conclusion of, the Settlement Hearing, the Hearing Panel may either accept or reject the Settlement Agreement. MFDA Settlement Hearings are typically held in the absence of the public pursuant to section 20.5 of MFDA By-law No. 1 and Rule 15.2(2) of the MFDA Rules of Procedure. If the Hearing Panel accepts the Settlement Agreement, then the proceeding will become open to the public and a copy of the decision of the Hearing Panel and the Settlement Agreement will be made available at xxx.xxxx.xx. 26. The Settlement Agreement shall become effective and binding upon the Respondent and Staff as of the date of its acceptance by the Hearing Panel. Unless otherwise stated, any monetary penalties and costs imposed upon the Respondent are payable immediately, and any suspensions, revocations, prohibitions, conditions or other terms of the Settlement Agreement shall commence, upon the effective date of the Settlement Agreement. 27. Staff and the Respondent agree that if this Settlement Agreement is accepted by the Hearing Panel: a) the Settlement Agreement will constitute the entirety of the evidence to be submitted respecting the Respondent in this matter; b) the Respondent waives any rights to a full hearing, a review hearing before the Board of Directors of the MFDA or any securities commission with jurisdiction in the matter under its enabling legislation, or a judicial review or appeal of the matter before any court of competent jurisdiction; c) Staff will not initiate any proceeding under the By-laws of the MFDA against the Respondent in respect of the contraventions described in this Settlement Agreement. Nothing in this Settlement Agreement precludes Staff from investigating or initiating proceedings in respect of any contraventions that are not set out in this Settlement Agreement. Furthermore, nothing in this Settlement Agreement shall relieve the Respondent from fulfilling any continuing regulatory obligations; d) the Respondent shall be deemed to have been penalized by the Hearing Panel pursuant to

  • Terms of the Agreement Each Party shall treat the terms of this Agreement as the Confidential Information of other Party, subject to the exceptions set forth in Section 7.2. Notwithstanding the foregoing, each Party acknowledges that the other Party may be obligated to file a copy of this Agreement with the SEC, either as of the Effective Date or at some point during the Term. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of certain commercial terms and sensitive technical terms hereof to the extent such confidential treatment is reasonably available to it. In the event of any such filing, the filing Party shall provide the other Party with a copy of the Agreement marked to show provisions for which the filing Party intends to seek confidential treatment and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements governing redaction of information from material agreements that must be publicly filed. The other Party shall promptly provide any such comments.

  • OTHER TERMS OF THE AGREEMENT Except as specifically amended hereby, all of the terms and conditions of the Agreement shall continue to be in full force and effect and shall be binding upon the parties in accordance with their respective terms.

  • STANDARD TERMS AND CONDITIONS OF TRUST Subject to the provisions of Part II hereof, all the provisions contained in the Standard Terms and Conditions of Trust are herein incorporated by reference in their entirety and shall be deemed to be a part of this instrument as fully and to the same extent as though said provisions had been set forth in full in this instrument.

  • of the Standard Terms and Conditions of Trust The Portfolio Supervisor may employ one or more sub- Portfolio Supervisors to assist in performing the services set forth in this Section 4.05 and shall not be answerable for the default of any such sub-Portfolio Supervisors if such sub-Portfolio Supervisors shall have been selected with reasonable care, provided, however, that the Portfolio Supervisor will indemnify and hold the Trust harmless from and against any loss occurring as a result of a sub- Portfolio Supervisor's willful misfeasance, reckless disregard, bad faith, or gross negligence in performing supervisory duties. The fees and expenses charged by such sub-Portfolio Supervisors shall be paid by the Portfolio Supervisor out of proceeds received by the Portfolio Supervisor in accordance with Section 4.03 hereof."

  • Terms of the Purchase Agreement The terms of the Purchase Agreement, including, but not limited to, the representations, warranties, covenants, agreements and indemnities relating to the Assigned Contracts are incorporated herein by this reference. The parties hereto acknowledge and agree that the representations, warranties, covenants, agreements and indemnities contained in the Purchase Agreement shall not be superseded hereby but shall remain in full force and effect to the full extent provided therein. In the event of any conflict or inconsistency between the terms of the Purchase Agreement and the terms hereof, the terms of the Purchase Agreement shall govern.

  • Amendment to Exhibit A to Services Agreement Solely with respect to Accounts that are not investment companies registered under the 1940 Act, the section of Exhibit A to the Services Agreement entitled “Administration and Risk Management” shall be, and hereby is, deleted in its entirety and replaced with the following:

  • Modification of Settlement Agreement Any modification to this Settlement Agreement shall be in writing and signed by the Parties.

  • General Terms and Conditions of the Notes Section 201.

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