Common use of WHAT DOES THE SETTLEMENT PROVIDE Clause in Contracts

WHAT DOES THE SETTLEMENT PROVIDE. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. Class Members fall into two categories: Current Participants and Former Participants. Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation will be made into their existing Plan accounts. Former Participants who are entitled to a distribution will receive their distribution as a check mailed to their last known address or, if they elect, as a rollover to a qualified retirement account. All Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) will fully release all Released Claims against the Plans as well as (a) ATH Holding Company, LLC, Board of Directors of ATH Holding Company, LLC, and the Pension Committee of ATH Holding Company, Xxxxxx Xxxx, Xxxxx XxXxxxx, Xxxxx Xxxxxxxx, Xxxx Xxxxxxx, Xxxxxx Xxxxx, Xxxxxx Xxxxxx, Xxxxx Xxxxxx, Xxxx Xxxxx, Xxxxx Xxxxxxxxx, Xxxxx Xxxxxx, Xxxxxx Xxxxxxx, and Xxxxxxx Xxxxxxxx; (b) their insurers, co-insurers, and reinsurers, (c) their past, present, and future parent corporation(s), (d) their past, present, and future affiliates, subsidiaries, divisions, joint ventures, predecessors, successors, successors-in-interest, and assigns; and (e) with respect to (a) through (d) above their past, present and future members of their respective boards of directors, managers, partners, agents, members, shareholders (in their capacity as such), officers, employees, independent contractors, representatives, attorneys, administrators, fiduciaries, accountants, auditors, advisors, consultants, personal representatives, spouses, heirs, executors, administrators, associates, employee benefit plan fiduciaries (with the exception of the Independent Fiduciary), employee benefit plan administrators, The Vanguard Group, Inc. and all other service providers to the Plan (including their owners and employees), members of their immediate families, consultants, subcontractors, and all persons acting under, by, through, or in concert with any of them. Nothing in this Settlement releases claims of any Released Party or the Plan against any other Released Party for claims for, or arising out of, insurance coverage against their insurers. The Released Claims mean any and all actual or potential claims, actions, demands, rights, obligations, liabilities, damages, attorneys’ fees, expenses, costs, and causes of action, whether arising under federal, state or local law, whether by statute, contract or equity, whether brought in an individual or representative capacity, whether known or unknown, suspected or unsuspected, foreseen or unforeseen for actions during the Class Period, and include, but are not limited to, claims that were asserted in the Class Action Second Amended Complaint or that relate to any of the allegations, facts or occurrences asserted in the lawsuit or would be barred by the principles of res judicata or collateral estoppel had the claims asserted been fully litigated and resulted in final judgment; and all claims relating to the implementation of the Settlement. This is only a summary of the Released Claims and not a binding description of the Released Claims. The actual governing release is found within the Settlement Agreement at xxx.xxxxxx000xxxxxxxxxxx.xxx. Generally, the release means that Class Members will not have the right to xxx Defendants, the Plans, or the Released Parties for conduct during the Class Period arising out of or relating to the allegations in the Class Action. This is only a summary of the Settlement. A copy of the entire Settlement Agreement is available at xxx.xxxxxx000xxxxxxxxxxx.xxx.

Appears in 2 contracts

Samples: Class Action Settlement Agreement, Class Action Settlement Agreement

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WHAT DOES THE SETTLEMENT PROVIDE. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. Class Members fall into two categories: Current Participants and Former Participants. Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation will be made into their existing Plan accounts. Former Participants who are entitled to a distribution will receive their distribution as a check mailed to their last known address or, if they elect, as a rollover to a qualified retirement account. All Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) anyone claiming through them will fully release all Released Claims against the Plans as well as Defendants and their “Released Parties” from “Released Claims.” The Released Parties include: (a) ATH Holding CompanyDefendant, LLC, Board of Directors of ATH Holding Company, LLC, and the Pension Committee of ATH Holding Company, Xxxxxx Xxxx, Xxxxx XxXxxxx, Xxxxx Xxxxxxxx, Xxxx Xxxxxxx, Xxxxxx Xxxxx, Xxxxxx Xxxxxx, Xxxxx Xxxxxx, Xxxx Xxxxx, Xxxxx Xxxxxxxxx, Xxxxx Xxxxxx, Xxxxxx Xxxxxxx, and Xxxxxxx Xxxxxxxx; (b) their insurers, co-insurers, and reinsurers, (c) their Defendant’s past, present, and future parent corporation(s), (dc) their Defendant’s past, present, and future affiliates, subsidiaries, divisions, joint ventures, predecessors, successors, successors-in-interest, and assigns; , and (ed) with respect to (a) through (dc) above above, all of their past, present present, and future members of their respective boards of directorsaffiliates, managerssubsidiaries, partnersdivisions, agentsjoint ventures, memberspredecessors, shareholders (in their capacity as such)successors, officerssuccessors-in-interest, employees, independent contractors, representatives, attorneys, administrators, fiduciaries, accountants, auditors, advisors, consultants, personal representatives, spouses, heirs, executors, administrators, associatesassigns, employee benefit plan fiduciaries (with the exception of the Independent Fiduciary), employee benefit plan administrators, The Vanguard Groupservice providers, Inc. and all other service providers to the Plan (including their owners and subcontractors, officers, directors, partners, agents, managers, members, employees), members of their immediate familiesindependent contractors, representatives, attorneys, administrators, fiduciaries, insurers, co-insurers, reinsurers, shareholders, accountants, auditors, advisors, consultants, subcontractorstrustees, associates, and all persons acting under, by, through, or in concert with any of them. Nothing in this Settlement releases claims of any Released Party or the Plan against any other Released Party for claims for, or arising out of, insurance coverage against their insurers. The Released Claims mean any and include all actual or potential claims, actions, demands, rights, obligations, liabilities, damages, attorneys’ fees, expenses, costs, and causes of action, whether arising under federal, state or local law, whether by statute, contract or equity, whether brought in an individual or representative capacity, whether known or unknown, suspected or unsuspected, foreseen or unforeseen for actions during the Class Period, and include, but are not limited to, claims that were asserted or might have been asserted in the Class Action Second Amended Complaint or that relate to any of the allegations, facts or occurrences asserted in the lawsuit or would be barred by the principles principle of res judicata or collateral estoppel had the claims asserted been fully litigated and resulted in final judgment; claims against Defendant’s insurers; and all claims relating to the implementation of the Settlement. This is only a summary of the Released Claims and not a binding description of the Released Claims. The actual governing release is found within the Settlement Agreement at xxx.xxxxxx000xxxxxxxxxxx.xxxxxx.xxxxxxxx000xxxxxxxxxxxxxxx.xxx. Generally, the release means that Class Members will not have the right to xxx Defendantsthe Defendant, the Plans, or the Released Parties for conduct during the Class Period arising out of or relating to the allegations in the Class Action. This is only a summary of the Settlement. A copy of the The entire Settlement Agreement is available at xxx.xxxxxx000xxxxxxxxxxx.xxxxxx.xxxxxxxx000xxxxxxxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Class Action Settlement Agreement

WHAT DOES THE SETTLEMENT PROVIDE. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. Class Members fall into two categories: Current Participants and Former Participants. Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation will be made into their existing Plan accounts. Former Participants who are entitled to a distribution will receive their distribution as a check mailed to their last known address or, if they elect, as a rollover to a qualified retirement account. All Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) anyone claiming through them will fully release all Released Claims against the Plans as well as Defendants and their “Released Parties” from “Released Claims.” The Released Parties include: (a) ATH Holding CompanyDefendant, LLC, Board of Directors of ATH Holding Company, LLC, and the Pension Committee of ATH Holding Company, Xxxxxx Xxxx, Xxxxx XxXxxxx, Xxxxx Xxxxxxxx, Xxxx Xxxxxxx, Xxxxxx Xxxxx, Xxxxxx Xxxxxx, Xxxxx Xxxxxx, Xxxx Xxxxx, Xxxxx Xxxxxxxxx, Xxxxx Xxxxxx, Xxxxxx Xxxxxxx, and Xxxxxxx Xxxxxxxx; (b) their insurers, co-insurers, and reinsurers, (c) their Defendant’s past, present, and future parent corporation(s), (dc) their Defendant’s past, present, and future affiliates, subsidiaries, divisions, joint ventures, predecessors, successors, successors-in-interest, and assigns; , and (ed) with respect to (a) through (dc) above above, all of their past, present present, and future members of their respective boards of directorsaffiliates, managerssubsidiaries, partnersdivisions, agentsjoint ventures, memberspredecessors, shareholders (in their capacity as such)successors, officerssuccessors-in-interest, employees, independent contractors, representatives, attorneys, administrators, fiduciaries, accountants, auditors, advisors, consultants, personal representatives, spouses, heirs, executors, administrators, associatesassigns, employee benefit plan fiduciaries (with the exception of the Independent Fiduciary), employee benefit plan administrators, The Vanguard Groupservice providers, Inc. and all other service providers to the Plan (including their owners and subcontractors, officers, directors, partners, agents, managers, members, employees), members of their immediate familiesindependent contractors, representatives, attorneys, administrators, fiduciaries, insurers, co-insurers, reinsurers, shareholders, accountants, auditors, advisors, consultants, subcontractorstrustees, associates, and all persons acting under, by, through, or in concert with any of them. Nothing in this Settlement releases claims of any Released Party or the Plan against any other Released Party for claims for, or arising out of, insurance coverage against their insurers. The Released Claims mean any and include all actual or potential claims, actions, demands, rights, obligations, liabilities, damages, attorneys’ fees, expenses, costs, and causes of action, whether arising under federal, state or local law, whether by statute, contract or equity, whether brought in an individual or representative capacity, whether known or unknown, suspected or unsuspected, foreseen or unforeseen for actions during the Class Period, and include, but are not limited to, claims that were asserted or might have been asserted in the Class Action Second Amended Complaint or that relate to any of the allegations, facts or occurrences asserted in the lawsuit or would be barred by the principles principle of res judicata or collateral estoppel had the claims asserted been fully litigated and resulted in final judgment; claims against Defendant’s insurers; and all claims relating to the implementation of the Settlement. This is only a summary of the Released Claims and not a binding description of the Released Claims. The actual governing release is found within the Settlement Agreement at xxx.xxxxxx000xxxxxxxxxxx.xxxxxx.xxxxxxxx000xxxxxxxxxxxxxxx.xxx. Generally, the release means that Class Members will not have the right to xxx Defendantsthe Defendant, the PlansPlan, or the Released Parties for conduct during the Class Period arising out of or relating to the allegations in the Class Action. This is only a summary of the Settlement. A copy of the The entire Settlement Agreement is available at xxx.xxxxxx000xxxxxxxxxxx.xxxxxx.xxxxxxxx000xxxxxxxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Class Action Settlement Agreement

WHAT DOES THE SETTLEMENT PROVIDE. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. Class Members fall into two categories: Current Participants and Former Participants. Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation will be made into their existing Plan accounts. Former Participants who are entitled to a distribution will receive their distribution as a check mailed to their last known address or, if they elect, as a rollover to a qualified retirement account. All Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) anyone claiming through them will fully release all Released Claims against the Plans as well as Defendants and their “Released Parties” from “Released Claims.” The Released Parties include: (a) ATH Holding CompanyDefendant, LLC, Board of Directors of ATH Holding Company, LLC, and the Pension Committee of ATH Holding Company, Xxxxxx Xxxx, Xxxxx XxXxxxx, Xxxxx Xxxxxxxx, Xxxx Xxxxxxx, Xxxxxx Xxxxx, Xxxxxx Xxxxxx, Xxxxx Xxxxxx, Xxxx Xxxxx, Xxxxx Xxxxxxxxx, Xxxxx Xxxxxx, Xxxxxx Xxxxxxx, and Xxxxxxx Xxxxxxxx; (b) their insurers, co-insurers, and reinsurers, (c) their Defendant’s past, present, and future parent corporation(s), (dc) their Defendant’s past, present, and future affiliates, subsidiaries, divisions, joint ventures, predecessors, successors, successors-in-interest, and assigns; , and (ed) with respect to (a) through (dc) above above, all of their past, present present, and future members of their respective boards of directorsaffiliates, managerssubsidiaries, partnersdivisions, agentsjoint ventures, memberspredecessors, shareholders (in their capacity as such)successors, officerssuccessors-in-interest, employees, independent contractors, representatives, attorneys, administrators, fiduciaries, accountants, auditors, advisors, consultants, personal representatives, spouses, heirs, executors, administrators, associatesassigns, employee benefit plan fiduciaries (with the exception of the Independent Fiduciary), employee benefit plan administrators, The Vanguard Groupservice providers, Inc. and all other service providers to the Plan (including their owners and subcontractors, officers, directors, partners, agents, managers, members, employees), members of their immediate familiesindependent contractors, representatives, attorneys, administrators, fiduciaries, insurers, co-insurers, reinsurers, shareholders, accountants, auditors, advisors, consultants, subcontractorstrustees, associates, and all persons acting under, by, through, or in concert with any of them. Nothing in this Settlement releases claims of any Released Party or the Plan against any other Released Party for claims for, or arising out of, insurance coverage against their insurers. The Released Claims mean any and include all actual or potential claims, actions, demands, rights, obligations, liabilities, damages, attorneys’ fees, expenses, costs, and causes of action, whether arising under federal, state or local law, whether by statute, contract or equity, whether brought in an individual or representative capacity, whether known or unknown, suspected or unsuspected, foreseen or unforeseen for actions during the Class Period, and include, but are not limited to, claims that were asserted or might have been asserted in the Class Action Second Amended Complaint or that relate to any of the allegations, facts or occurrences asserted in the lawsuit or would be barred by the principles principle of res judicata or collateral estoppel had the claims asserted been fully litigated and resulted in final judgment; claims against Defendant’s insurers; and all claims relating to the implementation of the Settlement. This is only a summary of the Released Claims and not a binding description of the Released Claims. The actual governing release is found within the Settlement Agreement at xxx.xxxxxx000xxxxxxxxxxx.xxxxxx.xxxxxxxx000xxxxxxxxxxxxxxx.xxx. Generally, the release means that Class Members will not have the right to xxx Defendantssue the Defendant, the PlansPlan, or the Released Parties for conduct during the Class Period arising out of or relating to the allegations in the Class Action. This is only a summary of the Settlement. A copy of the The entire Settlement Agreement is available at xxx.xxxxxx000xxxxxxxxxxx.xxxxxx.xxxxxxxx000xxxxxxxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Class Action Settlement Agreement

WHAT DOES THE SETTLEMENT PROVIDE. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. Class Members fall into two categories: Current Participants and Former Participants. Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation will be made into their existing Plan accounts. Former Participants who are entitled to a distribution will receive their distribution as a check mailed to their last known address or, if they elect, as a rollover to a qualified retirement account. All Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) anyone claiming through them will fully release all Released Claims against the Plans Plan as well as Defendants and their “Released Parties” from “Released Claims.” The Released Parties include: (a) ATH Holding Companyeach Defendant, LLC, Board of Directors of ATH Holding Company, LLC, and the Pension Committee of ATH Holding Company, Xxxxxx Xxxx, Xxxxx XxXxxxx, Xxxxx Xxxxxxxx, Xxxx Xxxxxxx, Xxxxxx Xxxxx, Xxxxxx Xxxxxx, together with Xxxxx Xxxxxx, Xxxx Xxxxx, Xxxxx Xxxxxxxxx, Xxxxx Xxxxxx, Xxxxxx Xxxxxxx, and Xxxxxxx Xxxxxxxx; (b) their insurers, co-insurers, and reinsurers, (c) their each such person or entity’s past, present, and future parent corporation(s), (dc) their each such person or entity’s past, present, and future affiliates, subsidiaries, divisions, joint ventures, predecessors, successors, successors-in-interest, and assigns; , and (ed) with respect to (a) through (dc) above above, all of their past, present present, and future members of their respective boards of directorsaffiliates, managerssubsidiaries, partnersdivisions, agentsjoint ventures, memberspredecessors, shareholders (in their capacity as such)successors, officerssuccessors-in- interest, employees, independent contractors, representatives, attorneys, administrators, fiduciaries, accountants, auditors, advisors, consultants, personal representatives, spouses, heirs, executors, administrators, associatesassigns, employee benefit plan fiduciaries (with the exception of the Independent Fiduciary), employee benefit plan administrators, The Vanguard Groupservice providers, Inc. and all other service providers to the Plan (including their owners and subcontractors, officers, directors, partners, agents, managers, members, employees), members of their immediate familiesindependent contractors, representatives, attorneys, administrators, fiduciaries, insurers, co-insurers, reinsurers, shareholders, accountants, auditors, advisors, consultants, subcontractorstrustees, associates, and all persons acting under, by, through, or in concert with any of them. Nothing in this Settlement releases claims of any Released Party or the Plan against any other Released Party for claims for, or arising out of, insurance coverage against their insurers. The Released Claims mean any and include all actual or potential claims, actions, demands, rights, obligations, liabilities, damages, attorneys’ fees, expenses, costs, and causes of action, whether arising under federal, state or local law, whether by statute, contract or equity, whether brought in an individual or representative capacity, whether known or unknown, suspected or unsuspected, foreseen or unforeseen for actions during the Class Period, and include, but are not limited to, claims that were asserted or might have been asserted in the Class Action Second Amended Complaint or that relate to any of the allegations, facts or occurrences asserted in the lawsuit or would be barred by the principles principle of res judicata or collateral estoppel had the claims asserted been fully litigated and resulted in final judgment; claims against Defendants’ insurers; and all claims relating to the implementation of the Settlement. This is only a summary of the Released Claims and not a binding description of the Released Claims. The actual governing release is found within the Settlement Agreement at xxx.xxxxxx000xxxxxxxxxxx.xxxxxx.0000xxxxxxxx000xxxxxxxxxxx.xxx. Generally, the release means that Class Members will not have the right to xxx sue the Defendants, the PlansPlan, or the Released Parties for conduct during the Class Period arising out of or relating to the allegations in the Class Action. This is only a summary of the Settlement. A copy of the The entire Settlement Agreement is available at xxx.xxxxxx000xxxxxxxxxxx.xxxxxx.0000xxxxxxxx000xxxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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WHAT DOES THE SETTLEMENT PROVIDE. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. Class Members fall into two categories: Current Participants and Former Participants. Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation will be made into their existing Plan accounts. Former Participants who are entitled to a distribution will receive their distribution as a check mailed to their last known address or, if they elect, as a rollover to a qualified retirement account. All Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) anyone claiming through them will fully release all Released Claims against the Plans Plan as well as Defendants and their “Released Parties” from “Released Claims.” The Released Parties include: (a) ATH Holding Companyeach Defendant, LLC, Board of Directors of ATH Holding Company, LLC, and the Pension Committee of ATH Holding Company, Xxxxxx Xxxx, Xxxxx XxXxxxx, Xxxxx Xxxxxxxx, Xxxx Xxxxxxx, Xxxxxx Xxxxx, Xxxxxx Xxxxxx, together with Xxxxx Xxxxxx, Xxxx Xxxxx, Xxxxx Xxxxxxxxx, Xxxxx Xxxxxx, Xxxxxx Xxxxxxx, and Xxxxxxx Xxxxxxxx; (b) their insurers, co-insurers, and reinsurers, (c) their each such person or entity’s past, present, and future parent corporation(s), (dc) their each such person or entity’s past, present, and future affiliates, subsidiaries, divisions, joint ventures, predecessors, successors, successors-in-interest, and assigns; , and (ed) with respect to (a) through (dc) above above, all of their past, present present, and future members of their respective boards of directorsaffiliates, managerssubsidiaries, partnersdivisions, agentsjoint ventures, memberspredecessors, shareholders (in their capacity as such)successors, officerssuccessors-in- interest, employees, independent contractors, representatives, attorneys, administrators, fiduciaries, accountants, auditors, advisors, consultants, personal representatives, spouses, heirs, executors, administrators, associatesassigns, employee benefit plan fiduciaries (with the exception of the Independent Fiduciary), employee benefit plan administrators, The Vanguard Groupservice providers, Inc. and all other service providers to the Plan (including their owners and subcontractors, officers, directors, partners, agents, managers, members, employees), members of their immediate familiesindependent contractors, representatives, attorneys, administrators, fiduciaries, insurers, co-insurers, reinsurers, shareholders, accountants, auditors, advisors, consultants, subcontractorstrustees, associates, and all persons acting under, by, through, or in concert with any of them. Nothing in this Settlement releases claims of any Released Party or the Plan against any other Released Party for claims for, or arising out of, insurance coverage against their insurers. The Released Claims mean any and include all actual or potential claims, actions, demands, rights, obligations, liabilities, damages, attorneys’ fees, expenses, costs, and causes of action, whether arising under federal, state or local law, whether by statute, contract or equity, whether brought in an individual or representative capacity, whether known or unknown, suspected or unsuspected, foreseen or unforeseen for actions during the Class Period, and include, but are not limited to, claims that were asserted or might have been asserted in the Class Action Second Amended Complaint or that relate to any of the allegations, facts or occurrences asserted in the lawsuit or would be barred by the principles principle of res judicata or collateral estoppel had the claims asserted been fully litigated and resulted in final judgment; claims against Defendants’ insurers; and all claims relating to the implementation of the Settlement. This is only a summary of the Released Claims and not a binding description of the Released Claims. The actual governing release is found within the Settlement Agreement at xxx.xxxxxx000xxxxxxxxxxx.xxxxxx.0000xxxxxxxx000xxxxxxxxxxx.xxx. Generally, the release means that Class Members will not have the right to xxx the Defendants, the PlansPlan, or the Released Parties for conduct during the Class Period arising out of or relating to the allegations in the Class Action. This is only a summary of the Settlement. A copy of the The entire Settlement Agreement is available at xxx.xxxxxx000xxxxxxxxxxx.xxxxxx.0000xxxxxxxx000xxxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Class Action Settlement Agreement

WHAT DOES THE SETTLEMENT PROVIDE. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court. Class Members fall into two categories: Current Participants and Former Participants. Allocations to Current Participants who are entitled to a distribution under the Plan of Allocation will be made into their existing Plan accounts. Former Participants who are entitled to a distribution will receive their distribution as a check mailed to their last known address or, if they elect, as a rollover to a qualified retirement account. All Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, past and present partners, officers, directors, agents, attorneys, predecessors, successors, and assigns) anyone claiming through them will fully release all Released Claims against the Plans as well as Defendants and their “Released Parties” from “Released Claims.” The Released Parties include: (a) ATH Holding CompanyDefendant, LLC, Board of Directors of ATH Holding Company, LLC, and the Pension Committee of ATH Holding Company, Xxxxxx Xxxx, Xxxxx XxXxxxx, Xxxxx Xxxxxxxx, Xxxx Xxxxxxx, Xxxxxx Xxxxx, Xxxxxx Xxxxxx, Xxxxx Xxxxxx, Xxxx Xxxxx, Xxxxx Xxxxxxxxx, Xxxxx Xxxxxx, Xxxxxx Xxxxxxx, and Xxxxxxx Xxxxxxxx; (b) their insurers, co-insurers, and reinsurers, (c) their Defendant’s past, present, and future parent corporation(s), (dc) their Defendant’s past, present, and future affiliates, subsidiaries, divisions, joint ventures, predecessors, successors, successors-in-interest, and assigns; , and (ed) with respect to (a) through (dc) above above, all of their past, present present, and future members of their respective boards of directorsaffiliates, managerssubsidiaries, partnersdivisions, agentsjoint ventures, memberspredecessors, shareholders (in their capacity as such)successors, officerssuccessors-in-interest, employees, independent contractors, representatives, attorneys, administrators, fiduciaries, accountants, auditors, advisors, consultants, personal representatives, spouses, heirs, executors, administrators, associatesassigns, employee benefit plan fiduciaries (with the exception of the Independent Fiduciary), employee benefit plan administrators, The Vanguard Groupservice providers, Inc. and all other service providers to the Plan (including their owners and subcontractors, officers, directors, partners, agents, managers, members, employees), members of their immediate familiesindependent contractors, representatives, attorneys, administrators, fiduciaries, insurers, co-insurers, reinsurers, shareholders, accountants, auditors, advisors, consultants, subcontractorstrustees, associates, and all persons acting under, by, through, or in concert with any of them. Nothing in this Settlement releases claims of any Released Party or the Plan against any other Released Party for claims for, or arising out of, insurance coverage against their insurers. The Released Claims mean any and include all actual or potential claims, actions, demands, rights, obligations, liabilities, damages, attorneys’ fees, expenses, costs, and causes of action, whether arising under federal, state or local law, whether by statute, contract or equity, whether brought in an individual or representative capacity, whether known or unknown, suspected or unsuspected, foreseen or unforeseen for actions during the Class Period, and include, but are not limited to, claims that were asserted or might have been asserted in the Class Action Second Amended Complaint or that relate to any of the allegations, facts or occurrences asserted in the lawsuit or would be barred by the principles principle of res judicata or collateral estoppel had the claims asserted been fully litigated and resulted in final judgment; claims against Defendant’s insurers; and all claims relating to the implementation of the Settlement. This is only a summary of the Released Claims and not a binding description of the Released Claims. The actual governing release is found within the Settlement Agreement at xxx.xxxxxx000xxxxxxxxxxx.xxxxxx.xxxxxxxx000xxxxxxxxxxxxxxx.xxx. Generally, the release means that Class Members will not have the right to xxx Defendantssue the Defendant, the Plans, or the Released Parties for conduct during the Class Period arising out of or relating to the allegations in the Class Action. This is only a summary of the Settlement. A copy of the The entire Settlement Agreement is available at xxx.xxxxxx000xxxxxxxxxxx.xxxxxx.xxxxxxxx000xxxxxxxxxxxxxxx.xxx.

Appears in 1 contract

Samples: Class Action Settlement Agreement

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