LifeLock 2015 Annual Report Download - page 184

Case 3:15-cv-00258-HSG Document 49-1 Filed 11/04/15 Page 26 of 289
Settlement Agreement with respect to class certification, appointment of Plaintiffs as class representatives, and appointment of Class
Counsel. In that event, LifeLock shall retain all rights it had immediately preceding the execution of this Settlement Agreement to
object to the maintenance of the Action as a class action, the appointment of Plaintiffs as class representatives, and the appointment of
Class Counsel as class counsel and, in that event, nothing in this Settlement Agreement or other papers or proceedings related to the
Settlement shall be used as evidence or argument by any of the Parties concerning whether the Action may properly be maintained as
a class action under applicable law, whether any of the Plaintiffs are adequate or typical class representatives, or whether Class
Counsel is adequate class counsel.
VI. 
57. No later than ten (10) days after entry of the Preliminary Approval Order, LifeLock shall either (i) pay to the
Settlement Administrator the sum of Sixty-Eight Million Dollars ($68,000,000.00) to create the Settlement Fund; or (ii) move for an
Order directing distribution from the Court’s Registry in the FTC Action the sum of Sixty-Eight Million Dollars ($68,000,000.00) for
use by the Settlement Administrator to create the Settlement Fund. If LifeLock elects to move for an Order directing distribution of
Sixty-Eight Million Dollars ($68,000,000.00) from the Court’s Registry in the FTC Action and all or part of the Sixty-Eight Million
Dollars ($68,000,000.00) has not been distributed from the Court’s Registry in the FTC Action to the Settlement Administrator by the
date of entry of the Final Approval Order, then LifeLock agrees to pay within three (3) business days following entry of the Final
Approval Order sufficient funds to enable the Settlement Administrator to create the Settlement Fund in the amount of Sixty-Eight
Million Dollars ($68,000,000.00).The Settlement Fund must be distributed to Settlement Subclass Members and Valid Claimants
pursuant to the terms of
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