Settlement Terms and Procedures Sample Clauses

Settlement Terms and Procedures. 2.1. Solely for purposes of avoiding the expense and inconvenience of further litigation, Defendants do not oppose the certification of the Class for purposes of settlement of the Form Claim only. 2.2. After execution of this Agreement, counsel for Plaintiff shall file a motion asking the Court to enter the Preliminary Approval Order. 2.3. Within ten days after the filing of the Motion for Preliminary Approval including this proposed Settlement Agreement, Defendants shall send notice to governmental agencies to the extent required by 28 U.S.C. § 1715, and shall file a certificate of such service with the Court, such notifications to be completed by Defendants at their own expense. 2.4. At least ten (10) days prior to a scheduled Final Approval Hearing, Class Counsel shall file a motion requesting the Court to grant final approval of the settlement, and for entry of the Final Approval Order. 2.5. Defendants acknowledge that they have implemented changes to their business practices as a result of the Lawsuit, specifically the engagement of a new vendor to replace ▇▇▇▇▇▇▇▇ and the use of new forms to comply with section 1681b(b)(2) of the FCRA, as of December 14, 2014. 2.6. Defendants agree to pay a total settlement amount of one million, eighteen thousand three hundred seventy five dollars ($1,018,375.00), comprising the payments in paragraph 2.6(b) below, in addition to paying the Settlement Administration Amount. (a) Within fourteen business days after entry of the Preliminary Approval Order, Defendants and/or their insurer shall pay the sum of five hundred eighty three thousand, three hundred seventy five dollars ($583,375.00) to the Settlement Administrator to create the Settlement Fund. (b) The following payments shall be made by Defendants and/or their insurer within five (5) business days of the Effective Date: (i) the sum of five hundred eighty three thousand three hundred seventy five dollars ($583,375.00) to the Settlement Administrator from which the Settlement Administrator will pay the sum of three hundred twenty-five dollars ($325.00) to each Class Member; (ii) the sum of ten thousand dollars ($10,000.00) as an individual settlement and service award to the Class Representative, subject to the approval of the Court, upon motion filed not later than ten (10) days prior to the Final Approval Hearing; and, (iii) the Plaintiff’s reasonable attorneys’ fees and expenses, in an amount not in excess of four hundred, twenty-five thousand dollars ($425,0...
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Settlement Terms and Procedures. By Order of January 21, 2023, the Court certified a Class defined as "AII North Carolina consumers who Defendant sent information concerning consumers' debt to Renkim Corporation without the permission of the consumer, which disclosure was made on or after July 12, 2017.". 2. 1. Defendant has represented that the size of the Class consists of approximately 84,485 persons, and Plaintiff has relied on that representation in entering into this Settlement Agreement.
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Settlement Terms and Procedures. 2.1. By Order of October 31, 2018, the Court certified a Class defined as all persons with addresses within the jurisdiction of the United States Court of Appeals for the Third Circuit who, beginning one year prior to the filing of the Complaint through and including the final resolution of this case, were sent an initial letter from Defendant attempting to collect a consumer debt which was printed on law firm letterhead. 2.2. Defendant has represented that the size of the Class is approximately 34,834 persons, and Plaintiff has relied on that representation in entering into this Settlement Agreement. 2.3. Defendant will provide evidence of its net worth sufficient for the court to determine the same. 2.4. After execution of this Agreement, counsel for Plaintiff shall file a motion asking the Court to enter the Order Directing Notice and approving the form of the Notices attached hereto as Exhibits B. 2.5. Within ten days after the filing of the Motion for Order Directing Notice including this proposed Settlement Agreement, Defendant shall send notice to governmental agencies to the extent required by 28 U.S.C. § 1715, and shall file a certificate of such service with the Court, such notifications to be completed by Defendant at its own expense. 2.6. At least ten (10) days prior to a scheduled final approval hearing, Class Counsel shall file a motion requesting the Court to grant final approval of the settlement, and for entry of the Final Approval Order granting final approval of the settlement, in the form attached as Exhibit C, except that, prior to any Final Approval Order, this Agreement shall be deemed to be voidable if at least fifteen percent (15%) of the Class Members opt-out via the methods and procedures outlined herein. 2.7. At least ten (10) days prior to the Final Approval Hearing, Class Counsel shall file a motion requesting the Court to approve an individual settlement to the Class Representative in the amount of one thousand dollars ($1 to Class Counsel in an amount not to exceed one hundred sixty thousand ($160,000.00), and costs to class counsel in the amount of fifty-three thousand eight hundred and eighty-eight ($53,888). Defendant and Defense Counsel expressly do not object to the amounts requested. (a) Defendant agrees to pay $55,000.00 to the Settlement Fund for the benefit of the Class, and $1,000.00 to Plaintiff, subject to the approval of the Court, and $213,888.00 to Class Counsel, subject to the approval of the Court, in additi...
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Settlement Terms and Procedures. 2.1. Solely for purposes of avoiding the expense and inconvenience of further litigation, Defendants do not oppose the certification of the Class for purposes of settlement of the section 1681b(b)(2) claim only. However, consistent with Paragraphs 3.9 and 7.1, infra, in the event this Agreement is nullified, terminated and/or this settlement is not approved, Defendants shall stand in the same position as if this Agreement had been neither entered into nor filed with the Court. 2.2. After execution of this Agreement, and no later than September 9, 2016, Class Counsel shall file a motion asking the Court to enter the Preliminary Approval Order. 2.3. Within ten days after the filing of the Motion for Preliminary Approval including this proposed Settlement Agreement, Defendants shall send notice to governmental agencies to the extent required by 28 U.S.C. § 1715, and shall file a certificate of such service with the Court, such notifications to be completed by Defendants at their own expense. 2.4. At least ten (10) days prior to a scheduled Final Approval Hearing, Class Counsel shall file a motion requesting the Court to grant final approval of the settlement, and for entry of the Final Approval Order. 2.5. Defendants acknowledge that they have implemented changes to their business practices as a result of the Lawsuit, in an effort to further comply with section 1681b(b)(2) of the FCRA, as of November 12, 2015.
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Settlement Terms and Procedures 
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Related to Settlement Terms and Procedures

  • Notice and Procedures If any suit, action, proceeding (including any governmental or regulatory investigation), claim or demand shall be brought or asserted against any person in respect of which indemnification may be sought pursuant to either paragraph (a) or (b) above, such person (the “Indemnified Person”) shall promptly notify the person against whom such indemnification may be sought (the “Indemnifying Person”) in writing; provided that the failure to notify the Indemnifying Person shall not relieve it from any liability that it may have under paragraph (a) or (b) above except to the extent that it has been materially prejudiced (through the forfeiture of substantive rights or defenses) by such failure; and provided, further, that the failure to notify the Indemnifying Person shall not relieve it from any liability that it may have to an Indemnified Person otherwise than under paragraph (a) or (b) above. If any such proceeding shall be brought or asserted against an Indemnified Person and it shall have notified the Indemnifying Person thereof, the Indemnifying Person shall retain counsel reasonably satisfactory to the Indemnified Person (who shall not, without the consent of the Indemnified Person, be counsel to the Indemnifying Person) to represent the Indemnified Person in such proceeding and shall pay the fees and expenses of such counsel related to such proceeding, as incurred. In any such proceeding, any Indemnified Person shall have the right to retain its own counsel, but the fees and expenses of such counsel shall be at the expense of such Indemnified Person unless (i) the Indemnifying Person and the Indemnified Person shall have mutually agreed to the contrary; (ii) the Indemnifying Person has failed within a reasonable time to retain counsel reasonably satisfactory to the Indemnified Person; (iii) the Indemnified Person shall have reasonably concluded that there may be legal defenses available to it that are different from or in addition to those available to the Indemnifying Person; or (iv) the named parties in any such proceeding (including any impleaded parties) include both the Indemnifying Person and the Indemnified Person and representation of both parties by the same counsel would be inappropriate due to actual or potential differing interest between them. It is understood and agreed that the Indemnifying Person shall not, in connection with any proceeding or related proceedings in the same jurisdiction, be liable for the fees and expenses of more than one separate firm (in addition to any local counsel) for all Indemnified Persons, and that all such fees and expenses shall be paid or reimbursed as they are incurred. Any such separate firm for any Underwriter, its affiliates, directors and officers and any control persons of such Underwriter shall be designated in writing by the Representatives and any such separate firm for the Company, its directors, its officers who signed the Registration Statement and any control persons of the Company shall be designated in writing by the Company. The Indemnifying Person shall not be liable for any settlement of any proceeding effected without its written consent, but if settled with such consent or if there be a final judgment for the plaintiff, the Indemnifying Person agrees to indemnify each Indemnified Person from and against any loss or liability by reason of such settlement or judgment. Notwithstanding the foregoing sentence, if at any time an Indemnified Person shall have requested that an Indemnifying Person reimburse the Indemnified Person for fees and expenses of counsel as contemplated by this paragraph, the Indemnifying Person shall be liable for any settlement of any proceeding effected without its written consent if (i) such settlement is entered into more than 30 days after receipt by the Indemnifying Person of such request and (ii) the Indemnifying Person shall not have reimbursed the Indemnified Person in accordance with such request prior to the date of such settlement. No Indemnifying Person shall, without the written consent of the Indemnified Person, effect any settlement of any pending or threatened proceeding in respect of which any Indemnified Person is or could have been a party and indemnification could have been sought hereunder by such Indemnified Person, unless such settlement (x) includes an unconditional release of such Indemnified Person, in form and substance reasonably satisfactory to such Indemnified Person, from all liability on claims that are the subject matter of such proceeding and (y) does not include any statement as to or any admission of fault, culpability or a failure to act by or on behalf of any Indemnified Person.

  • New Procedures New procedures as to who shall provide certain of these services in Section 1 may be established in writing from time to time by agreement between the Fund and the Transfer Agent. The Transfer Agent may at times perform only a portion of these services and the Fund or its agent may perform these services on the Fund's behalf;

  • Rules and Procedures The Benefit Society By-Laws will be amended to provide for a 6th Director with three Directors appointed by the Unions and three Directors appointed by the Corporation.

  • Company Policies and Procedures 7.1.1 The Company will ensure that Employees are able to readily access Company policies and procedures that apply to the Employees. 7.1.2 The Employees will observe and act in accordance with Company policies and procedures that apply to the Employees, as implemented and amended from time to time.

  • Policies and Procedures i) The policies and procedures of the designated employer apply to the employee while working at both sites. ii) Only the designated employer shall have exclusive authority over the employee in regard to discipline, reporting to the College of Nurses of Ontario and/or investigations of family/resident complaints. iii) The designated employer will ensure that the employee is covered by WSIB at all times, regardless of worksite, while in the employ of either home. iv) The designated employer will ensure that the employee is covered by liability insurance at all times, regardless of worksite, while in the employ of either home. v) The designated employer shall have exclusive authority over the employee’s personnel files and health records. These files will be maintained on the site of the designated employer.