Allocation Plan Sample Clauses

Allocation Plan. In connection with the Settlement Agreement (“Agreement”) made and entered into by the Parties as of April 18, 2024, filed herewith, this Allocation Plan has been drafted by Plaintiffs, subject to the approval of the Court.
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Allocation Plan. Within [***] after the date Shire receives a DEA Quota Grant Letter, Shire will prepare and deliver to Impax, for its review, a proposed “Allocation Plan” that calculates [***] and Impax’s Allocated Share [***] for the Allocation Period. At the time of delivery of the proposed Allocation Plan, Shire will also provide Impax with justification documents in support of its calculation of [***], [***], and Impax’s Allocated Share, which documents shall include copies of all data and information used in the calculations, as well as a detailed description of the related calculations. Within [***] of receipt of Shire’s proposed Allocation Plan and justification documents, Impax will either agree to the proposed Allocation Plan, or provide to Shire any proposed adjustments to the Allocation Plan based upon what Impax believes are errors or miscalculations of [***], [***] and/or Impax’s Allocated Share. At the time of delivery of the proposed adjustments, Impax will also provide Shire with justification documents in support of its belief that there were such errors or miscalculations, which documents shall include copies of all data and information used to confirm the errors or miscalculations, as well as a detailed description of the related calculations. The Parties shall use their best efforts to agree upon a final Allocation Plan not less than [***] thereafter (the “Allocation Deadline”). In the event the Parties do not agree on Impax’s Allocated Share by the Allocation Deadline, the dispute resolution procedure set forth in Section 16. 13(d) hereof shall be immediately implemented in order to definitively resolve all disputes related to the calculation of Impax’s Allocated Share. In addition, Shire shall: (i) place an amount of kilograms equal to the difference between Shire’s proposed Impax’s Allocated Share and Impax’s proposed Impax’s Allocated Share (the “Disputed Quota”) into reserve pending resolution of the dispute in accordance with the terms herein; and (ii) make and deliver Impax AG Product not in dispute in accordance with the Delivery Schedule contemplated in Section 5. 3(e). To the extent the dispute is resolved in Impax’s favor, the Allocation Plan shall immediately be recalculated to include the relevant amount of Disputed Quota, and Impax’s Allocated Share and [***] shall be increased accordingly [***]. With respect to the delivery of Impax AG Product representing any Disputed Quota allocated to Impax following resolution of the relevant dispute...
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Allocation Plan. Section II, Paragraph (D)(5)(ii) of the Settlement Agreement on pages 34-35 is hereby replaced and amended, and shall now read as follows:
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Allocation Plan. The Settlement Award each Settlement Class Member receives shall be determined by the Settlement Administrator. The Settlement Award shall be based upon the factors identified by Class Counsel’s experts to determine the severity of harm the Settlement Class Member suffered as a result of the September 13, 2018 incident. The Settlement Administrator will also consider previous payments made to Members of the Class pursuant to the Existing Process or mediation in order to avoid duplicate compensation. Disputes regarding the fairness of the compensation shall be resolved first by the Administrator. Continuing disputes shall be resolved through mediation, and if mediation is unsuccessful by the Court. The Court’s rulings on such disputes shall be final and unappealable.
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Allocation Plan. “Allocation Plan” means the plan by which the Net Settlement Fund will be distributed, subject to Court approval, to Class Members; provided that Plaintiffs’ Counsel will be solely responsible for developing the Allocation Plan, which proposed plan shall be submitted to the Court at the time the Settlement Agreement is submitted for preliminary approval.
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Allocation Plan. 15 Class Members who do not opt out of the Settlement Class and whose addresses are 16 known to the Fairmont Defendants or ascertainable through their reasonable best efforts and/or 17 the efforts of the Settlement Administrator as specified herein, are eligible for Settlement awards.
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Allocation Plan. 19 1. Class Members shall receive monetary damages to compensate them for the 20 injuries they have suffered as set forth in this Section. The Claims Administrator shall 21 determine that a claimant is a member of the Primary Class if it can reasonably be 22 determined from Defendants’ records and the information provided in the claim form that 23 the claimant’s Guest Information was provided to Federal Immigration Authorities. 24 2. Members of the Primary Class that submit a claim form and are determined 25 not to be members of Class 2 or Class 3 shall receive the compensation set forth in 26 Section XII.A.1. 27 3. The Claims Administrator shall determine whether a claimant is a member 28 of either Class 2 or Class 3 if it can reasonably be determined from Defendants’ records 29 and the information provided in the claim form that their encounter with Federal 1 Immigration Authorities at an Operated Location was a result of a Primary Class 2 Member’s Guest Information being provided to Federal Immigration Authorities. 3 4. Members of Class 2 that submit a claim form shall receive the 4 compensation set forth in Section XII.A.2. 5 5. The disbursement of the Settlement Account to members of Class 3 shall 6 follow the allocation plan described below: 7 a. Each potential member of Class 3 who seeks to receive an award 8 must fill out the claim form and supply information related to his or 9 her claim. On the basis of a review of the information supplied, Class
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Related to Allocation Plan

  • Defined Contribution Plan A plan under which Employee accounts are maintained for each Participant to which all contributions, forfeitures, investment income and gains or losses, and expenses are credited or deducted. A Participant’s benefit under such plan is based solely on the fair market value of his or her account balance.

  • Tax Allocation Prior to the Closing, Seller and Purchaser shall cooperate in good faith to determine a reasonable allocation of the total consideration paid for the Transferred Assets, as finally determined pursuant to Section 2.1(d), Section 2.1(i) and Section 3.3, in accordance with Section 1060 of the Code and the Treasury Regulations promulgated thereunder (the “Purchase Price Allocation”). Seller and Purchaser shall cooperate in good faith to mutually agree to such allocation and shall reduce such agreement to writing, which agreement shall be reflected in an Exhibit 2.1(j) to be approved by Seller and Purchaser prior to Closing. Seller and Purchaser shall jointly and properly execute each party’s respective completed Internal Revenue Service Form 8594, and any other forms or statements required by the Code (or state or local Tax law), Treasury Regulations or the Internal Revenue Service or other Governmental Authority (together with any and all attachments required to be filed therewith), which forms and statements will be prepared in a manner consistent with the Purchase Price Allocation. Seller and Purchaser shall file timely such forms and statements with the Internal Revenue Service or other Governmental Authority. The Purchase Price Allocation shall be appropriately adjusted to take into account any subsequent payments under this Agreement and any other subsequent events required to be taken into account under Section 1060 of the Code. Seller and Purchaser shall not file any Tax Return or other documents or otherwise take any position with respect to Taxes that is inconsistent with the Purchase Price Allocation; provided, however, that neither Seller nor Purchaser shall be obligated to litigate any challenge to such allocation by any Governmental Authority. Seller and Purchaser shall promptly inform one another of any challenge by any Governmental Authority to any allocation made pursuant to this Section 2.1(j) and agree to consult with and keep one another informed with respect to the state of, and any discussion, proposal or submission with respect to, such challenge.

  • Distribution Plans You shall also be entitled to compensation for your services as provided in any Distribution Plan adopted as to any series and class of any Fund’s Shares pursuant to Rule 12b-1 under the 1940 Act. The compensation provided in any such Distribution Plan (a “12b-1 Plan”) may be divided into a distribution fee and a service fee, as set forth in such Plan and the Fund’s then current prospectus and statement of additional information (“SAI”), each of which is compensation for different services to be rendered to the Fund. Subject to the termination provisions in a 12b-1 Plan, any distribution fee with respect to the sale of a Share subject to such Plan shall be earned when such Share is sold and shall be payable from time to time as provided in the 12b-1 Plan. The distribution fee payable to you as provided in any 12b-1 Plan shall be payable without offset, defense or counterclaim (it being understood by the parties hereto that nothing in this sentence shall be deemed a waiver by the Fund of any claim the Fund may have against you).

  • Transition Plan In the event of termination by the LHIN pursuant to this section, the LHIN and the HSP will develop a Transition Plan. The HSP agrees that it will take all actions, and provide all information, required by the LHIN to facilitate the transition of the HSP’s clients.

  • Defined Contribution Plans The Company does not maintain, contribute to or have any liability under (or with respect to) any employee plan which is a tax-qualified "defined contribution plan" (as defined in Section 3(34) of ERISA), whether or not terminated.