Common use of Information and Assistance from the Defendants Clause in Contracts

Information and Assistance from the Defendants. (1) The Settling Defendant agrees to provide, or to instruct its transfer agent to provide, a list of all persons identified in its records who may be Class Members, along with such information as may be available to facilitate the delivery of notice to those persons (referred to herein as the “Shareholder List”). (2) The Settling Defendant agrees to make reasonable efforts to answer any reasonable inquiry from Class Counsel and/or the Administrator in order to facilitate the administration and implementation of this Agreement, the Plan of Notice and the Plan of Allocation. (3) Class Counsel and/or the Administrator may use the Shareholder List and other information obtained in accordance with sections 12.2(1) and 12.2(2) for the purpose of delivering the Notice of Settlement Approval Hearing, the Short Form Notice of Settlement Approval and the Long Form Notice of Settlement Approval and for the purposes of administering and implementing this Agreement, the Plan of Notice and the Plan of Allocation. (4) Any information obtained or created in the administration of this Agreement is confidential and, except as required by law, shall be used and disclosed only for the purpose of distributing notices and the administration of this Agreement and the Plan of Allocation.