Common use of Distribution Protocol Clause in Contracts

Distribution Protocol. (1) After the Effective Date, at a time within the discretion of the Plaintiffs, but on notice to the Settling Defendants, the Plaintiffs will seek orders from the Courts approving a Distribution Protocol. (2) The Plaintiffs acknowledge that the Settling Defendants have an interest in protecting their respective brands and addressing operational impacts on their businesses, and for this purpose, at least thirty days in advance of the motions referred to in section 4.1(1), Class Counsel shall provide the Settling Defendants with an opportunity to review and provide input into the Notices of Application (or the equivalent) and any supporting materials which are intended to be filed with the Courts in support of those motions. However, the Parties acknowledge and agree that the Settling Defendants will not comment on the proposed allocation of settlement proceeds as between Merchants or groups of Merchants, and that the Plaintiffs reserve the right to challenge the standing of the Settling Defendants to make submissions in respect of the Distribution Protocol, save and except for the limited purpose of protecting their individual brands or addressing operational impacts on their issuing businesses in respect of all the Settling Defendants and its acquiring business in respect of TD.