Common use of Settlement Class Clause in Contracts

Settlement Class. (f) Approve the method of notice to be provided to the Rule 23(b)(3) Settlement Class and the Rule 23(b)(2) Settlement Class in substantially the form described in the Notice Plan and budget contained in Appendix E hereto, including use of the long-form website and mail notice and the publication notice contained in Appendix F hereto, and direct any further notice (and expenses therefor) that the Court may find necessary to provide due process. (g) Approve the procedures in substantially the form described in the Notice Plan and below for members of the Rule 23(b)(3) Settlement Class to become Opt Outs and exclude themselves from the Rule 23(b)(3) Settlement Class, and including the provision of the information specified in Paragraph 84 below, and approve the procedures in substantially the form described in the Notice Plan and below for members of the Rule 23(b)(3) Settlement Class or the Rule 23(b)(2) Settlement Class to object to this Class Settlement Agreement. (h) Schedule a final approval hearing for a time and date convenient for the Court at least two hundred eighty five days after the Court’s entry of the Class Settlement Preliminary Approval Order, at which hearing the Court will conduct an inquiry into the fairness, reasonableness, and adequacy of this Class Settlement Agreement and address any objections to it, and determine whether this Class Settlement Agreement and the Plan of Administration and Distribution should be finally approved, and whether to approve any motions for Attorneys’ Fee Awards, Expense Awards, and Class Plaintiffs’ Awards. (i) Stay all further proceedings in this Action as between the Class Plaintiffs or any other plaintiff in a putative class action consolidated in MDL 1720, and the Defendants or any other defendant in a putative class action consolidated in MDL 1720, except for proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreement, pending the Court’s determination of whether this Class Settlement Agreement should be finally approved or the termination of this Class Settlement Agreement. (j) Enjoin the members of the Rule 23(b)(3) Settlement Class and the Rule 23(b)(2) Settlement Class, pending the Court’s determination of whether this Class Settlement should finally be approved or the termination of this Class Settlement Agreement, from challenging in any action or proceeding any matter covered by this Class Settlement Agreement or its release and covenant not to sue provisions, except for (i) proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreement, and (ii) any Opt Out’s claims for damages based on any conduct, acts, transactions, events, occurrences, statements, omissions, or failures to act of any Rule 23(b)(3) Settlement Class Released Party prior to the date of the Court’s entry of the Class Settlement Preliminary Approval Order.

Settlement Class. (f) Approve the method of notice to be provided to the Rule 23(b)(3) Settlement Class and the Rule 23(b)(2) Settlement Class in substantially the form described in the Notice Plan and budget contained in Appendix E hereto, including use Members of the long-form website and mail notice and the publication notice contained in Appendix F hereto, and direct any further notice (and expenses therefor) that the Court may find necessary to provide due process. (g) Approve the procedures in substantially the form described in the Notice Plan and below for members of the Rule 23(b)(3) Settlement Class to become Opt Outs and exclude themselves from the Rule 23(b)(31681e(b) Settlement Class, and including Automatic Payment Group will receive a payment without the provision need to make a claim. Members of the information specified in Paragraph 84 below, and approve the procedures in substantially the form described in the Notice Plan and below for members of the Rule 23(b)(3) Settlement Class or the Rule 23(b)(2) Settlement Class to object to this Class Settlement Agreement. (h) Schedule a final approval hearing for a time and date convenient for the Court at least two hundred eighty five days after the Court’s entry of the Class Settlement Preliminary Approval Order, at which hearing the Court will conduct an inquiry into the fairness, reasonableness, and adequacy of this Class Settlement Agreement and address any objections to it, and determine whether this Class Settlement Agreement and the Plan of Administration and Distribution should be finally approved, and whether to approve any motions for Attorneys’ Fee Awards, Expense Awards, and Class Plaintiffs’ Awards. (i) Stay all further proceedings in this Action as between the Class Plaintiffs or any other plaintiff in a putative class action consolidated in MDL 1720, and the Defendants or any other defendant in a putative class action consolidated in MDL 1720, except for proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreement, pending the Court’s determination of whether this Class Settlement Agreement should be finally approved or the termination of this Class Settlement Agreement. (j) Enjoin the members of the Rule 23(b)(3) Settlement Class and the Rule 23(b)(21681e(b) Settlement Class, pending Claim Form Group must submit a timely and valid Claim Form asserting that (a) the Court’s determination of whether this Class Settlement should finally be approved or the termination of this Class Settlement Agreement, from challenging in any action or proceeding any matter covered by this Class Settlement Agreement or its release and covenant public record AppFolio included on a tenant screening report about them did not pertain to sue provisions, except for (i) proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreementthem, and (iib) any Opt Outthey lost a rental opportunity or suffered other harm as a result of AppFolio’s inclusion of the public record on the background report. Claims may be subject to verification. Members of the 1681e(b) Settlement Class, Automatic Payment Group who do not request to be excluded and whose notices are not returned as undeliverable, and members of the 1681e(b) Settlement Class, Claim Form Group who submit timely and valid claims shall be paid a cash amount, determined on a pro rata basis. Counsel for damages based the named Plaintiff (“Class Counsel”) will request that the Court approve an attorneys’ fees payment of $1,350,000 to compensate them for the work they performed on any conductbehalf of the Settlement Classes and the out-of-pocket expenses they incurred during the litigation. Class Counsel will also request that the Court award the class representative, acts▇▇▇▇▇▇▇ ▇. ▇▇▇, transactionsan individual settlement and service award of $30,000, events, occurrences, statements, omissions, or failures in exchange for the broader release he is agreeing to act and for his time and efforts spent in service to the Settlement Classes. Class Counsel’s fee petition and request for an individual settlement and service award will be available for you to review on [DATE] at [WEBSITE]. The Court will make the final decision as to the amounts to be paid to the class representative and Class Counsel. The value of any Rule 23(b)(3checks sent to 1681e(b) Settlement Class Released Party prior to Members that have not been negotiated (cashed) within 60 days of the date of the Court’s entry of check will be donated to the Class Settlement Preliminary Approval OrderKing County Bar Association Housing Justice Project.

Settlement Class. Members may submit a request to the Settlement Administrator to dispute the amount of their qualifying purchases (f) Approve i.e., the method of notice purchases to be provided used for purposes of calculating Voucher credits). Upon receipt of a Settlement Class Member’s dispute as to his/her qualifying purchases, the Settlement Administrator shall promptly notify and provide a copy of the dispute to Class Counsel and Chandon’s Counsel. Upon receipt of notification from the Settlement Administrator, Class Counsel and Chandon’s Counsel shall meet and confer with respect to addressing and responding to the Rule 23(b)(3) Settlement Class Member’s dispute. Although the Parties will seek to reach agreement regarding how to respond to the Settlement Class Member, if no agreement is reached, Chandon shall determine in its sole discretion how to respond to the Settlement Class Member. The response shall include a “restated” amount of the Settlement Class Member’s qualifying purchases, which may be the same as or different from, but not less than, the original amount of qualifying purchases determined in accordance with Paragraph 2.2(b) and reported to the Settlement Class Member in the Notice. Options for determining the restated amount of qualifying purchases include, without limitation, (a) accepting a new amount of qualifying purchases proposed by the Settlement Class Member and using that amount as the restated amount; (b) rejecting the amount of qualifying purchases proposed by the Settlement Class Member and using the original amount as the restated amount; and (c) using a new amount of qualifying purchases, that is between the original amount and the Rule 23(b)(2) amount proposed by the Settlement Class Member, as the restated amount. The response also shall include a “restated” amount of the Settlement Class Member’s Voucher credits, which shall equal 72.4% of the restated amount of qualifying purchases. Chandon’s Counsel shall apprise the Settlement Administrator of the response, who will then promptly inform the Settlement Class Member accordingly. At that point, the Settlement Class Member shall continue to have the option to opt out or object within the time frame for doing so. A Settlement Class Member who does not opt out shall be deemed to have irrevocably accepted the terms of the response and waives any right to challenge his or her restated amount of Voucher credits. If the Effective Date occurs, Chandon shall issue to such Settlement Class Member who has not opted out, Voucher credits equal to the restated amount of Voucher credits in substantially the form described response, instead of the original amount of Voucher credits, in accordance with the other terms and provisions of this Agreement. The agreed-upon procedures and deadlines for the dispute process are set forth in more detail in the Notice Plan and budget contained in Appendix E attached hereto, including use of the long-form website and mail notice and the publication notice contained in Appendix F hereto, and direct any further notice (and expenses therefor) that the Court may find necessary to provide due process. (g) Approve the procedures in substantially the form described in the Notice Plan and below for members of the Rule 23(b)(3) Settlement Class to become Opt Outs and exclude themselves from the Rule 23(b)(3) Settlement Class, and including the provision of the information specified in Paragraph 84 below, and approve the procedures in substantially the form described in the Notice Plan and below for members of the Rule 23(b)(3) Settlement Class or the Rule 23(b)(2) Settlement Class to object to this Class Settlement Agreement. (h) Schedule a final approval hearing for a time and date convenient for the Court at least two hundred eighty five days after the Court’s entry of the Class Settlement Preliminary Approval Order, at which hearing the Court will conduct an inquiry into the fairness, reasonableness, and adequacy of this Class Settlement Agreement and address any objections to it, and determine whether this Class Settlement Agreement and the Plan of Administration and Distribution should be finally approved, and whether to approve any motions for Attorneys’ Fee Awards, Expense Awards, and Class Plaintiffs’ Awards. (i) Stay all further proceedings in this Action as between the Class Plaintiffs or any other plaintiff in a putative class action consolidated in MDL 1720, and the Defendants or any other defendant in a putative class action consolidated in MDL 1720, except for proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreement, pending the Court’s determination of whether this Class Settlement Agreement should be finally approved or the termination of this Class Settlement Agreement. (j) Enjoin the members of the Rule 23(b)(3) Settlement Class and the Rule 23(b)(2) Settlement Class, pending the Court’s determination of whether this Class Settlement should finally be approved or the termination of this Class Settlement Agreement, from challenging in any action or proceeding any matter covered by this Class Settlement Agreement or its release and covenant not to sue provisions, except for (i) proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreement, and (ii) any Opt Out’s claims for damages based on any conduct, acts, transactions, events, occurrences, statements, omissions, or failures to act of any Rule 23(b)(3) Settlement Class Released Party prior to the date of the Court’s entry of the Class Settlement Preliminary Approval Order.

Settlement Class. (fA) Approve Exchange-Based Plaintiffs will file an application in the method of notice Action pursuant to be provided to the Rule Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure, seeking the certification of the following Settlement Class as to Settling Defendants: All persons, corporations and other legal entities that transacted in Eurodollar futures and/or options on Eurodollar futures on exchanges, including, without limitation, the Rule 23(b)(2) Chicago Mercantile Exchange, between January 1, 2003 and May 31, 2011, inclusive; provided that if Exchange-Based Plaintiffs expand the class period in any subsequent amended complaint, motion or settlement, the period in the Settlement Class definition in substantially this Agreement shall be modified so as to include that expanded class period. Excluded from the form described in the Notice Plan and budget contained in Appendix E heretoSettlement Class are: (i) Defendants, including use of the long-form website and mail notice and the publication notice contained in Appendix F heretotheir employees, affiliates, parents, subsidiaries, and direct alleged co-conspirators; (ii) the Releasees (as defined in Section 1(LL)); (iii) any further notice Settlement Class Member who files a timely and valid request for exclusion; and (and expenses thereforiv) that the Court may find necessary to provide due processany Persons dismissed from this Action with prejudice. (gB) Approve Nothing in this Settlement Agreement constitutes an admission by Settling Defendants as to the procedures in substantially merits of the form described allegations made in the Notice Plan and below for members Action, the validity of any defenses that could be asserted by Settling Defendants, or the Rule 23(b)(3) appropriateness of certification of any class other than the Settlement Class to become Opt Outs and exclude themselves from for settlement purposes only. If the Rule 23(b)(3) Settlement Class, and including the provision of the information specified in Paragraph 84 below, and Court does not finally approve the procedures in substantially the form described in the Notice Plan and below for members of the Rule 23(b)(3) Settlement Class Settlement, or the Rule 23(b)(2) Settlement Class to object to this Class Settlement Agreement. (h) Schedule a final approval hearing for a time and date convenient for the Court at least two hundred eighty five days after if the Court’s entry final approval of the Settlement is reversed or vacated on appeal, or if this Agreement is terminated pursuant to any of its provisions, or if the Settlement otherwise fails to become effective for any reasons, the Parties’ agreement as to certification of the Settlement Class Settlement Preliminary Approval Order, at which hearing shall become null and void ab initio. Neither this Agreement nor any other settlement-related statement by any Defendant may be cited in support of a motion or argument for the Court will conduct an inquiry into certification of any class for litigation purposes in the fairness, reasonableness, and adequacy of this Class Action or otherwise in the Multi-District Litigation. The Settlement Agreement and address any objections is without prejudice to it, and determine whether this Class Settlement Agreement and the Plan of Administration and Distribution should be finally approved, and whether to approve any motions for AttorneysSettling Defendants’ Fee Awards, Expense Awards, and Class Plaintiffs’ Awards. rights to: (i) Stay all further proceedings challenge the Court’s certification of any class in the Action should the Settlement Agreement not be approved or implemented for any reason; (ii) oppose any certification or request for certification in any other proposed or certified class action in the Multi-District Litigation; and/or (iii) challenge the Court’s personal jurisdiction over Settling Defendants for the claims and conduct alleged in the Action should the Agreement not be approved or implemented for any reason.. Further, nothing in this Action as between the Class Plaintiffs Settlement Agreement nor any acts performed pursuant to, or any other plaintiff in a putative class action consolidated in MDL 1720furtherance of, and the Defendants or any other defendant in a putative class action consolidated in MDL 1720, except for proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreement, pending the Court’s determination of whether including but not limited to this Class Settlement Agreement should be finally approved sub-section or the termination Section 7(B) of this Class Settlement Agreement. (j) Enjoin the members of the Rule 23(b)(3) Settlement Class and the Rule 23(b)(2) Settlement Class, pending the Court’s determination of whether this Class Settlement should finally be approved or the termination of this Class Settlement Agreement, shall preclude Settling Defendants from challenging opposing motions, including but not limited to motions for class certification, by other class or non-class plaintiffs in any action or proceeding any matter covered by this Class Settlement Agreement or its release and covenant not to sue provisions, except for (i) proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreement, and (ii) any Opt Out’s claims for damages based on any conduct, acts, transactions, events, occurrences, statements, omissionsthe Multi-District Litigation, or failures to act from asserting any defenses or taking any positions in other class or non-class actions in the Multi-District Litigation (including, but not limited to, any motions or positions that may also affect, or apply to, Exchange-Based Plaintiffs or the Settlement Class), regardless of any Rule 23(b)(3) Settlement Class Released Party prior to whether such actions are currently pending, may be reinstated (including, without limitation, as the date result of an appeal), or may be filed in the Court’s entry of the Class Settlement Preliminary Approval Orderfuture.

Settlement Class. (f) Approve the method of notice to be provided Members who submitted a valid Request for Exclusion prior to the Rule 23(b)(3) Opt-Out Deadline. 7. The settlement was entered into in good faith following arm’s length negotiations and is non-collusive. The settlement is in the best interests of the Settlement Class and is therefore approved. The Court finds that the Rule 23(b)(2) Parties faced significant risks, expenses, delays, and uncertainties, including as to the outcome, including on appeal, of continued litigation of this complex matter, which further supports the Court’s finding that the Settlement Agreement is fair, reasonable, adequate, and in the best interests of the Settlement Class Members. The Court finds that the uncertainties of continued litigation in substantially both the form described trial and appellate courts, as well as the expense associated with it, weigh in favor of approval of the settlement reflected in the Notice Plan Settlement Agreement. 8. The Settlement Agreement provides, in part, and budget contained subject to a more detailed description of the settlement terms in Appendix E heretothe Settlement Agreement, for: a. Claims Administration as outlined in the Settlement Agreement whereby Settlement Class Members can submit claims that will be evaluated by a Settlement Administrator. b. The Claims Administrator to pay all costs of Claims Administration from the Settlement Fund (funded by Defendant), including use the cost of the long-form website Settlement Administrator, instituting Notice, processing and mail notice administering claims, and preparing and mailing checks. c. The Claims Administrator to pay, subject to the approval and award of the Court, the reasonable attorneys’ fees, costs, and expenses of Class Counsel and Service Awards to the Class Representative from the Settlement Fund. 9. The Court readopts and incorporates herein by reference its preliminary conclusions as to the satisfaction of Federal Rule of Civil Procedure 23(a) and (b)(3) set forth in the Preliminary Approval Order and notes that because this certification of the Settlement Class is in connection with the Settlement Agreement rather than litigation, the Court need not address any issues of manageability that may be presented by certification of the class proposed in the Settlement Agreement. a. The terms of the Settlement Agreement are fair, adequate, and reasonable and are hereby approved, adopted, and incorporated by the Court. Notice of the terms of the settlement, the rights of Settlement Class Members under the settlement, the Final Fairness Hearing, Plaintiffs’ application for attorneys’ fees, costs, and expenses, and the publication notice contained in Appendix F heretoService Award payment to the Class Representatives have been provided to Settlement Class Members as directed by this Court’s Orders, and direct any further notice (and expenses therefor) proof of Notice has been filed with the Court. b. The Court finds that the Court may find necessary notice program, set forth in the Settlement Agreement and effectuated pursuant to the Preliminary Approval Order, was the best notice practicable under the circumstances, was reasonably calculated to provide and did provide due process. (g) Approve and sufficient notice to the procedures in substantially the form described in the Notice Plan and below for members Settlement Class of the Rule 23(b)(3) pendency of the Action, certification of the Settlement Class for settlement purposes only, the existence and terms of the Settlement Agreement, and their right to become Opt Outs object and to appear at the final approval hearing or to exclude themselves from the Rule 23(b)(3) Settlement Agreement, and satisfied the requirements of the Federal Rules of Civil Procedure, the United States Constitution, and other applicable law 10. The Court finds that Defendant has fully complied with the notice requirements of the Class Action Fairness Act of 2005, 28 U.S.C. § 1715. 11. As of the Opt-Out deadline, potential Settlement Class Members have requested to be excluded from the settlement. Their unique Class Member identifiers are set forth in Exhibit to the supporting declaration of the Settlement Administrator. (Doc. No. ). Those persons are not bound by the Settlement Agreement and this Final Order and Judgment and shall not be entitled to any of the benefits afforded to the Settlement Class Members under the Settlement Agreement, as set forth in the Settlement Agreement. 12. objections were filed by Settlement Class Members. The Court has considered all objections and finds the objections do not counsel against Settlement Agreement approval, and the objections are hereby overruled in all respects. All Settlement Class Members who have not objected to the Settlement Agreement in the manner provided in the Settlement Agreement are deemed to have waived any objections by appeal, collateral attack, or otherwise. 13. The Court has considered all the documents filed in support of the settlement, and has fully considered all matters raised, all exhibits and affidavits filed, all evidence received at the Final Fairness Hearing, all other papers and documents comprising the record herein, and all oral arguments presented to the Court. 14. The Parties, their respective attorneys, and the Claims Administrator are hereby directed to consummate the settlement in accordance with this Final Order and Judgment and the terms of the Settlement Agreement. 15. Pursuant to the Settlement Agreement, Defendant, the Claims Administrator, and Class Counsel shall implement the settlement in the manner and timeframe as set forth therein. 16. Within the time period set forth in the Settlement Agreement, the relief provided for in the Settlement Agreement shall be made available to the various Settlement Class Members submitting valid Claim Forms, pursuant to the terms and conditions of the Settlement Agreement. 17. Pursuant to and as further described in the Settlement Agreement, Plaintiffs and the Settlement Class Members release claims as follows: 18. Upon the Effective Date, each of the Releasing Parties shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever released, relinquished, and discharged all Released Claims. 19. The Court grants final approval to the appointment of Plaintiffs as Class Representatives. The Court concludes that Class Representatives have fairly and adequately represented the Settlement Class and will continue to do so. 20. Pursuant to the Settlement Agreement, and in recognition of their efforts on behalf of the Settlement Class, the Court approves a payment to the Class Representatives in the amount of $ each as a Service Award. Defendant shall make such payment in accordance with the terms of the Settlement Agreement. 21. The Court grants final approval to the appointment of ▇▇▇ ▇▇▇▇▇▇▇ of the law firm ▇▇▇▇▇▇▇ Law Group, PLLC, ▇▇▇▇▇ ▇. ▇▇▇▇▇ of the law firm ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, LLC, and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ of the law firm ▇▇▇▇▇▇▇▇▇ Law LLC as Class Counsel. The Court concludes that Class Counsel has adequately represented the Settlement Class and will continue to do so. 22. The Court, after careful review of the fee petition filed by Class Counsel, and after applying the appropriate standards required by relevant case law, hereby grants Class Counsel’s application for attorneys’ fees in the amount of $ . Reasonable costs and expenses of $ are also hereby awarded. Payment shall be made pursuant to the terms of the Settlement Agreement. 23. This Final Order and Judgment and the Settlement Agreement, and all acts, statements, documents, or proceedings relating to the Settlement Agreement are not, and shall not be construed as, used as, or deemed to be evidence of, an admission by or against Defendant of any claim, any fact alleged in the Litigation, any fault, any wrongdoing, any violation of law, or any liability of any kind on the part of Defendant’s or of the validity or certifiability for litigation of any claims that have been, or could have been, asserted in the lawsuit. This Final Order and Judgment, the Settlement Agreement, and all acts, statements, documents, or proceedings relating to the Settlement Agreement shall not be offered or received or be admissible in evidence in any action or proceeding, or be used in any way as an admission or concession or evidence of any liability or wrongdoing of any nature or that Plaintiffs, any Settlement Class Member, or any other person has suffered any damage; provided, however, that the Settlement Agreement and this Final Order and Judgment may be filed in any action by Defendant, Class Counsel, or Settlement Class Members seeking to enforce the Settlement Agreement or the Final Order and Judgment (including, but not limited to, enforcing the releases contained herein). The Settlement Agreement and Final Order and Judgment shall not be construed or admissible as an admission by Defendant that Plaintiff’s claims or any similar claims are suitable for class treatment. The Settlement Agreement’s terms shall be forever binding on, and shall have res judicata and preclusive effect in, all pending and future lawsuits or other proceedings as to Released Claims and other prohibitions set forth in this Final Order and Judgment that are maintained by, or on behalf of, any Settlement Class Member or any other person subject to the provisions of this Final Order and Judgment. 24. If the Effective Date, as defined in the Settlement Agreement, does not occur for any reason, this Final Order and Judgment and the Preliminary Approval Order shall be deemed vacated, and shall have no force and effect whatsoever; the Settlement Agreement shall be considered null and void; all of the Parties’ obligations under the Settlement Agreement, the Preliminary Approval Order, and this Final Order and Judgment and the terms and provisions of the Settlement Agreement shall have no further force and effect with respect to the Parties and shall not be used in the Litigation or in any other proceeding for any purpose, and any judgment or order entered by the Court in accordance with the terms of the Settlement Agreement shall be treated as vacated nunc pro tunc, and the Parties shall be restored to their respective positions in the Litigation, as if the Parties never entered into the Settlement Agreement. In such event, the Parties will jointly request that all scheduled Litigation deadlines be reasonably extended by the Court so as to avoid prejudice to any Party or Party’s counsel. Further, in such event, Defendant will pay amounts already billed or incurred for costs of notice to the Settlement Class, and including the provision of the information specified in Paragraph 84 belowClaims Administration, and approve the procedures in substantially the form described in the Notice Plan and below for members of the Rule 23(b)(3) Settlement Class or the Rule 23(b)(2) Settlement Class to object to this Class Settlement Agreement. (h) Schedule a final approval hearing for a time and date convenient for the Court at least two hundred eighty five days after the Court’s entry of the Class Settlement Preliminary Approval Orderwill not, at which hearing the Court will conduct an inquiry into the fairnessany time, reasonableness, and adequacy seek recovery of this Class Settlement Agreement and address any objections to it, and determine whether this Class Settlement Agreement and the Plan of Administration and Distribution should be finally approved, and whether to approve any motions for Attorneys’ Fee Awards, Expense Awards, and Class Plaintiffs’ Awards. (i) Stay all further proceedings in this Action as between the Class Plaintiffs or same from any other plaintiff in a putative class action consolidated in MDL 1720, and Party to the Defendants Litigation or from counsel to any other defendant in a putative class action consolidated in MDL 1720, except for proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreement, pending the Court’s determination of whether this Class Settlement Agreement should be finally approved or the termination of this Class Settlement Agreement. (j) Enjoin the members of the Rule 23(b)(3) Settlement Class and the Rule 23(b)(2) Settlement Class, pending the Court’s determination of whether this Class Settlement should finally be approved or the termination of this Class Settlement Agreement, from challenging in any action or proceeding any matter covered by this Class Settlement Agreement or its release and covenant not to sue provisions, except for (i) proceedings in MDL 1720 related to effectuating and complying with this Class Settlement Agreement, and (ii) any Opt Out’s claims for damages based on any conduct, acts, transactions, events, occurrences, statements, omissions, or failures to act of any Rule 23(b)(3) Settlement Class Released Party prior to the date of the Court’s entry of the Class Settlement Preliminary Approval OrderLitigation.