Wilmington Trust, N Sample Clauses

Wilmington Trust, N. A.’s fees are based on the following assumptions:

Wilmington Trust, N. A. is acting in two separate and distinct roles under the Indian Tribe Mitigation Trust: (1) as the Trustee of the Indian Tribe Mitigation Trust; and

Wilmington Trust, N. A. as successor to Wilmington Trust Retirement and Institutional Services Company, Defendant. Cons. Case No. 17-250-RGA Plaintiff ▇▇▇▇▇▇ ▇▇▇▇▇▇ (“Plaintiff” or “Class Representative”) has moved, pursuant to Federal Rule of Civil Procedure 23(e), for an order preliminarily approving the settlement of this Action, in accordance with the Class Action Settlement Agreement dated April 15, 2020 (the “Settlement Agreement”), which, together with the exhibits thereto, sets forth the terms and conditions for a proposed settlement of this action. The Court having read and considered the Settlement Agreement and the exhibits thereto, IT IS HEREBY ORDERED that:

Wilmington Trust, N. A. (the “Escrow Agent”), with its principal corporate trust office at 1▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇. All capitalized terms not herein defined shall have the meaning ascribed to them in that certain Final Offering Statement used in connection with the Offering (as defined below), as amended or supplemented from time-to-time, including all attachments, schedules and exhibits thereto (the “Offering Statement”).

Wilmington Trust, N. A. as successor to Wilmington Trust Retirement and Institutional Services Company, Defendant. No. 1:17-cv-00071-RGA-MPT

Wilmington Trust, N. A., in its capacity as administrative agent and collateral agent (together with its successors and assigns in such capacity, the “Second Lien Agent”) for the financial institutions party from time to time to the Second Lien Credit Agreement referred to below (such financial institutions, together with their respective successors, assigns and transferees, the “Second Lien Lenders” and together with the Second Lien Agent and the Second Lenders, the “Second Lien Secured Parties”); and acknowledged by

Wilmington Trust, N. A., not in its individual capacity, but solely as Indenture Trustee By: /s/ J▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: J▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Assistant Vice President This is one of a series of Secured Fiber Network Revenue Notes, Class A-1-V Advance, (collectively, the “Notes”), being issued by Lightpath Fiber Issuer LLC (the “Issuer”). Note Rate: Initial Class Principal Balance of the Class A-1-V As provided in the Indenture Advance Notes: up to $[·]

Wilmington Trust, N. A. as successor to Wilmington Trust Retirement and Institutional Services Company, Defendant. Cons. Case No. 17-250-RGA Plaintiff ▇▇▇▇▇▇ ▇▇▇▇▇▇ (“Plaintiff” or “Class Representative”) submitted a Motion for Final Approval of the Settlement (“Final Approval Motion”) set forth in the Class Action Settlement Agreement dated April 15, 2020 (the “Settlement Agreement”). Class Counsel also has submitted to the Court their Unopposed Motion For An Order Awarding Attorneys’ Fees and Costs And Expenses To Class Counsel, and A Service Award to Class Representative (“Class Counsel Fees and Costs and Service Award Motion”). On , 2020, this Court granted preliminary approval to the proposed class action settlement set forth in the Settlement Agreement. The Court also approved the procedure for giving Class Notice to the members of the Class as certified by the Court by Order dated December 10, 2019, and set a Final Approval Hearing to take place on , 2020. The Court finds that due and adequate notice was given to the Class as required in the Court’s Order. The Court has reviewed the papers filed in support of the Final Approval Motion, including the Settlement Agreement and exhibits thereto, memoranda and arguments submitted on behalf of the Class, and supporting affidavits. On , 2020, this Court held a duly noticed Final Approval Hearing to consider: (1) whether the terms and conditions of the Settlement Agreement are fair, reasonable and adequate; (2) whether a judgment should be entered dismissing the Class Members’ Released Claims on the merits and with prejudice; and (3) whether and in what amount to award attorneys’ fees and expenses to Class Counsel; and any award to the Class Representative for his representation of the Class. Based on the papers filed with the Court and the presentations made to the Court by the Parties and by other interested persons at the Final Approval Hearing, it appears to the Court that the Settlement Agreement is fair, adequate, and reasonable, and in the best interests of the Class. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:

Wilmington Trust, N. A. (“WT” is acting merely as an agent of the TCEQ solely to assist it in making payments and that such payees agrees to waive any and all claims whatsoever, in law and/or in equity, against WT, and agrees not to initiate a suit against WT in respect of, and agrees that WT will not be liable for any actions that WT takes, or abstains from taking, in either case, arising out of or in connection with the performance of its duties on behalf and as directed by TCEQ and (ii) WT shall not be liable for indirect, special, incidental, punitive or consequential losses or damages of any kind whatsoever or force majeure events or Acts of God in connection with making this payment for TCEQ.”