THE PLAN OF ALLOCATION Clause Samples

THE PLAN OF ALLOCATION. The Defendant shall have no standing to oppose the approval of the Plan of Allocation, or to make submissions to the Court in respect of it.

THE PLAN OF ALLOCATION. Introduction to the Plan of Allocation

THE PLAN OF ALLOCATION. 13.1 The Defendants shall take no position on the Court’s approval of the Plan of Allocation. 13.2 The Defendants shall not have standing to make any submissions to the Court about the Plan of Allocation, unless requested by the Court.

THE PLAN OF ALLOCATION. (1) At the hearing of the motions for the Approval Orders, the Plaintiffs shall seek the Courts’ approval of the Plan of Allocation. The approval of the Plan of Allocation is not a condition of the Settlement and its approval may be considered separately from that of the Settlement. (2) The procedure for, and the allowance or disallowance by the Courts of the approval of the Plan of Allocation is to be considered by the Courts separately from their consideration of the fairness, reasonableness and adequacy of the Settlement provided for herein. (3) Any order or proceeding relating solely to the Plan of Allocation, or any appeal from any order relating thereto or reversal or modification thereof, shall not operate to terminate or cancel this Agreement or affect or delay the finality of the Approval Orders and the Settlement of the Actions provided herein. (4) The Releasees shall have no obligation to consent to, but shall not oppose, the Courts’ approval of the Plan of Allocation. In particular, the Settling Defendant shall cause Individual Defendants not to oppose the Courts’ approval of the Plan of Allocation. (5) Unless directed to do so by the Courts, the Releasees will not make any submissions to the Courts relating to the Plan of Allocation. (6) Sections 13(4) and (5) are not an acknowledgement by the Class or Class Counsel that the Releasees have standing to make any submissions to the Courts about the Plan of Allocation.

THE PLAN OF ALLOCATION. (1) Class Counsel shall propose for approval by the Court a Plan of Allocation in the form attached as Schedule “F” or such other form as Class Counsel may advise. The approval of the Plan of Allocation may be considered separately from the approval of the Agreement and is not a condition of the approval of the Agreement itself. (2) The Defendants shall have no obligation to consent to but shall not oppose the approval of the Plan of Allocation. (3) Section 13(2) is not an acknowledgement that the Defendants have standing to make any submissions regarding the Plan of Allocation.