What will happen if the Court approves the Settlement?
If the proposed Settlement Agreement is ultimately approved by the Bankruptcy Court, the Judgment is entered by the Bankruptcy Court, and the Judgment becomes a Final Judgment, the Settled Claims against MLC will be dismissed with prejudice, the Settled Claims asserted by the Settlement Class against MLC will be released, and Class Members who submitted timely, valid claims will be paid. Assuming the Court approves the Settlement shortly after the October 26, 2010 Fairness Hearing and no appeals are filed, valid claims will be paid within a reasonable time after the creation of a Cash Settlement Fund, and Net Cash Settlement Fund, as set forth in Paragraphs 2.5 and 2.11 of the Settlement Agreement. In addition, in the event a Final Unclaimed Fund exists, then, as per Settlement Agreement Paragraphs 2.12 and 4.1, additional payments to qualifying class members will be forthcoming.
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