Common use of THE PLAN OF ALLOCATION Clause in Contracts

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) 15.1 At the hearing of the motions motion for the Approval OrdersOrder, the Plaintiffs shall seek the Courts’ Court’s 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) 15.2 The procedure for, and the allowance or disallowance by the Courts Court of the approval of the Plan of Allocation is to be considered by the Courts Court separately from their its consideration of the fairness, reasonableness and adequacy of the Settlement provided for herein. (3) 15.3 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 Order and the Settlement of the Actions Action provided herein. (4) 15.4 The Releasees Defendants shall have no obligation to consent to, 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) 15.5 Unless directed requested to do so by the CourtsCourt, the Releasees Defendants will not make any submissions to the Courts Court 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.