This excerpt taken from the FHN 8-K filed Feb 22, 2007.
1.01 Action means McLean, et al. v. First Horizon Home Loan Corp., No. 00-CV-228530 (Circuit Court of Jackson County, Missouri).
1.02 Agreement means this Settlement Agreement.
1.03 Bankruptcy Loan means any Loan made to a member of the Class who filed for bankruptcy protection after the date on which the Loan was made.
1.04 Benefit Amount means a total of no more than Thirty-Six Million, Three Hundred Thousand Dollars ($36,300,000.00) .
1.05 Calculated Sum means the amount shown on the Damage Claim Listings as the total paid as of November 7, 2006 in Subject Fees and Loan Interest with respect to a Loan to a Class Member. Special Category Loans shall not have any Calculated Sum.
1.06 Claim means the attempt by a Class Member to obtain payment of a Settlement Benefit.
1.07 Claim Form means the form required to be used to submit a claim for payment, substantially in the form attached hereto as Exhibit A.
1.08 Class means all persons who:
(a) obtained a second mortgage loan secured by a Deed of Trust on Missouri real property from McGuire Mortgage Company or from First Horizons McGuire Mortgage Division on or after November 16, 1994, through and including April 13, 2005, whose loan was at an interest rate greater than the rate under R.S. Mo. § 408.030 at the time of the loan and whose loan included one or more of the Subject Fees, or
(b) previously was mailed notice of the class certification in the Action.
The Class does not include any individual who exercised his or her exclusion rights after receiving the initial notice that a class had been certified in the Action.
1.09 Class Counsel means R. Frederick Walters, David M. Skeens, and Kip D. Richards and the law firm of Walters Bender Strohbehn & Vaughan, P.C.
1.10 Class Mailing List means the list that identifies each Obligor, including but not limited to each Obligor appearing on the Damage Claim Listings, and the original or updated address for the Obligor as currently known by the Parties or their Counsel.
1.11 Class Member means a member of the Class. If a Class Member is an Obligor who has died, filed for bankruptcy, or otherwise voluntarily or involuntarily transferred his or her rights under a Loan for reasons not related to the Settlement or the Action and not for the purpose of recovery under the Settlement or the Action, then that Obligors heir, personal representative, successor or assign shall be a Class Member. When more than one person is or was obligated on any particular Loan, the co-obligors (including any heir, personal representative, successor, or assign of an Obligor as the case may be) collectively shall be considered but a single Class Member. In the case of a Bankruptcy Loan, as defined in paragraph 1.03, the bankruptcy trustee and the obligor(s) shall be treated collectively as a Class Member notwithstanding the fact that separate Claim Forms may be filed as to Bankruptcy Loans.
1.12 Class Notice means a document notifying the Class Members of the Settlement that is substantially in the form attached as Exhibit B hereto.
1.13 Class Period means November 16, 1994 through April 13, 2005 inclusive.
1.14 Court means the Honorable Vernon E. Scoville, III, Circuit Court of Jackson County, Missouri, or any successor judicial officer to whom the Action may be assigned.
1.15 Damage Claim Listings means the lists prepared by Class Counsel that are described in section II.
1.16 Defendant means First Horizon Home Loan Corporation.
1.17 Defense Counsel means the law firms of Shughart Thomson & Kilroy, P.C. and Goodwin Procter LLP.
1.18 Disputed Claim means a (i) Disputed Claim Form or (ii) any Claim that is otherwise disputed as to validity or the amount of the Claim.
1.19 Disputed Claim Form means a Claim Form that the Settlement Administrator rejects or does not accept or determine to be a Valid Claim Form, or that First Horizon challenges, but for which either Plaintiffs, a Class Member or Class Counsel contends to be a Valid Claim Form.
1.20 Final Approval means the last date on which all of the following have occurred:
(a) the Court enters a judgment finally approving the Settlement in a manner that is substantially consistent with the terms and intent of this Agreement, including but not limited to approving all material terms of the Settlement;
This excerpt taken from the FHN 10-Q filed Nov 8, 2006.
Net Profit accrual basis pretax income before incentive expense, adjusted to exclude corporate income/expense allocations, interest income/expense, intangible amortization, deferred compensation plan income/expense, expenses incurred with opening new offices, for a period of two years from such opening, and other adjustments as from time to time may be determined necessary.
[Definition that is related only to Sec. III.A. is redacted*]
Regional Office non-Memphis fixed income sales location.
*Information omitted herefrom and submitted separately to the Commission under Rule 24b-2.