THE SETTLEMENT CONSIDERATION. 9. In consideration of the settlement of the Released Plaintiffs’ Claims against Defendants and the other Defendants’ Releasees, Defendants shall pay or cause to be paid the Settlement Amount into the Escrow Account no later than the later of (a) fifteen (15) business days after the date of entry by the Court of an order preliminarily approving this Settlement; and
THE SETTLEMENT CONSIDERATION. 6. In full settlement of the claims asserted in the Action against Defendants and in consideration of the releases specified in ¶¶ 4-5 above, all of which the Parties agree are good and valuable consideration, the Defendants shall cause the Settlement Amount to be paid into the Escrow Account within ten (10) business days of the later of (i) the execution of this Stipulation and (ii) Labaton Sucharow providing to Defendants’ Counsel the information necessary to effectuate payment of funds to the Escrow Account, including but not limited to, payee name and telephone number, wire transfer instructions, check delivery instructions, payment address, and a complete and executed Form W-9 for the Settlement Fund that reflects a valid tax identification number.
THE SETTLEMENT CONSIDERATION. 2.1. In consideration of the full and final release, settlement and discharge of all Released Claims against the Released Parties, within twenty (20) Business Days after the latest of (i) entry of the Preliminary Approval Order, and (ii) delivery of complete and accurate payment instructions, a completed Form W-9 reflecting a valid taxpayer identification number for the qualified settlement fund in which the Settlement is to be deposited, and EFT Authorization by Lead Counsel to Defense Counsel, Acer shall cause Defendants’ Insurers to transfer the Settlement Amount ($8,350,000), by wire transfer or check, to the Escrow Account.
THE SETTLEMENT CONSIDERATION. 9. In consideration of the settlement of the Released Plaintiffs’ Claims against Defendants and the other Defendants’ Releasees, Defendants shall cause the Settlement Amount to be paid by its insurers into the Escrow Account by check or wire within twenty (20) business days of the later of: (a) the date of entry by the Court of an order preliminarily approving this Settlement; or (b) Defendants’ Counsel’s receipt from Lead Counsel of the information necessary to effectuate a transfer of funds to the Escrow Account, including wiring instructions that include the bank name and ABA routing number, account name and number, and a signed Form W-9 reflecting a valid taxpayer identification number for the qualified settlement fund in which the Settlement Amount is to be deposited.
THE SETTLEMENT CONSIDERATION. 6. In full settlement of the claims asserted in the Action against Defendants and in consideration of the releases specified in ¶¶4-5, above, all of which the Parties agree are good and valuable consideration, Defendants shall pay, or cause to be paid, the Settlement Amount into the Escrow Account within thirty (30) calendar days of the later of: (a) the Court’s preliminary approval of the Settlement; and (b) Co-Lead Counsel’s provision to Defendants’ Counsel of the information necessary to effectuate a transfer of funds to the Escrow Account, including, but not limited to, wire transfer instructions, payment address, and a complete and executed Form W-9 for the Settlement Fund that reflects a valid tax identification number.
THE SETTLEMENT CONSIDERATION. 7. In consideration of the settlement of the Released Plaintiffs’ Claims against Defendants and the other Defendants’ Releasees, Defendants shall cause the Settlement Amount to be paid into the Escrow Account within twenty (20) business days of the later of: (a) the date of entry by the Court of an order preliminarily approving this Settlement; or (b) Defendants’ Counsel’s receipt from Lead Counsel of the information necessary to effectuate a transfer of funds to the Escrow Account, including wiring instructions that include the bank name and ABA routing number, account name and number, and a signed Form W-9 reflecting a valid taxpayer identification number for the qualified settlement fund in which the Settlement Amount is to be deposited.
THE SETTLEMENT CONSIDERATION. 8. In consideration of the settlement of the Released Plaintiffs’ Claims against Defendants and the other Defendants’ Releasees, Defendants shall pay or cause to be paid the Settlement Amount into the Escrow Account, either by wire or by sending a check, no later than twenty (20) business days after the later of: (a) the date of entry by the Court of Preliminary Approval Order; or (b) Defendants’ Counsel’s receipt from Lead Counsel of the information necessary to effectuate a transfer of funds to the Escrow Account, including the appropriate party to whom the check should be written and wiring instructions that include the bank name and ABA routing number, account name and number, and a signed W-9 reflecting a valid taxpayer identification number for the qualified settlement fund in which the Settlement Amount is to be deposited. With the sole exception of Defendants’ obligation to secure payment of the Settlement Amount into the Escrow Account as provided for in this ¶ 8, the Defendants’ Releasees shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Lead Counsel or the Claims Administrator, or any of their respective designees, in connection with the administration of the Settlement or otherwise; (ii) the management, investment, supervision, or distribution of the Settlement Fund; (iii) the Plan of Allocation; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Fund; (v) any loss suffered by, or fluctuation in value of, the Settlement Fund; or (vi) the payment or withholding of any Taxes and/or costs incurred in connection with the taxation of the Settlement Fund, distributions or other payments from the Escrow Account, or the filing of any federal, state, or local returns.
THE SETTLEMENT CONSIDERATION. 6. The following are the Parties’ obligations with respect to the Settlement Amount:
THE SETTLEMENT CONSIDERATION. 9. In consideration of the settlement of the Released Plaintiffs’ Claims against Defendants and the other Defendants’ Releasees, OPKO shall pay or cause to be paid the Settlement Amount into the Escrow Account, on behalf of all Defendants, no later than thirty (30) days after the later of: (a) the date of entry by the Court of an order preliminarily approving this Settlement; or (b) Defendants’ Counsel’s receipt from Lead Counsel of the information necessary to effectuate a transfer of funds to the Escrow Account, including wiring instructions that include the bank name and ABA routing number, account name and number, and a signed W-9 reflecting a valid taxpayer identification number for the qualified settlement fund in which the Settlement Amount is to be deposited.
THE SETTLEMENT CONSIDERATION. 2 8. In consideration of the settlement of the Released Plaintiffs’ Claims 3 against Defendants and the other Defendants’ Releasees, Defendants have paid or 4 caused to be paid the full Settlement Amount of $250 million into the Escrow 5 Account.
