Cash Fund Clause Samples

Cash Fund. “Cash Fund” is defined in Paragraph 4.1.1.

Cash Fund. In accordance with Section 2.1(f) of this Settlement Agreement, Defendants will pay $12.5 million to establish the Gross Cash Fund to be used to pay any and all fees and costs, including, but not limited to, all claims administration fees and costs, court-approved Class Counsel’s fees and costs award, and court-approved Named Plaintiffs’ enhancement awards. The remaining balance – Net Cash Fund – shall be distributed to Authorized Claimants as described below. If the Court approves the Settlement of this Action, and subject to Section 2.1(f) of this Settlement Agreement, Defendants shall make their payments within seven (7) days after the Final Settlement Date. The Gross Cash Fund will pay for, in order:

Cash Fund. 4.1.1 Ally will pay a total of five million U.S. dollars ($5,000,000) (the “Cash Fund”) as follows. Within ten (10) Business Days after the later of (a) entry of the Preliminary Approval Order and (b) receipt by Ally’s Counsel of written confirmation of the establishment of the QSF Account, written wiring instructions for the QSF Account, and a completed W-9 Tax Form from Class Counsel and the Settlement Administrator, Ally will deliver fifty thousand U.S. dollars ($50,000) by wire transfer to a qualified settlement fund account (within the meaning of 468B- 1 of the Treasury Regulations (26 C.F.R. § 1.468B-1)) established by Class Counsel and the Settlement Administrator in accordance with Paragraph 15 (the “QSF Account”), to be used by the Settlement Administrator solely to pay costs of notice as described in Paragraph 7.4. Within ten (10) Business Days after the Effective Date, Ally will deliver the remaining four million, nine-hundred-and-fifty thousand U.S. dollars ($4,950,000) of the Cash Fund by wire transfer to the QSF Account. 4.1.2 Under no circumstances will Ally be required to pay any amount in addition to the Cash Fund under the terms and provisions of this Agreement.

Cash Fund. Defendants will pay a total of $12.5 million to establish the Gross 25 Cash Fund to be used to pay any and all fees and costs, including, but not limited to, all claims 26 administration fees and costs, Class Counsel’s fees and costs award set forth below, and 27 Plaintiffs’ enhancement awards set forth below, with the remaining balance, defined as the Net 28 Cash Fund under the Settlement Agreement, to be distributed to Class Members who are eligible

Cash Fund. Within ten (10) business days after the Effective Date and receipt by Defendant’s Counsel in writing of wiring instructions and a completed W-9 Tax Form from the qualified settlement fund, Alltru shall deliver $4,750,000 into the qualified settlement fund established by Class Counsel through the Settlement Administrator, subject to Paragraph 15 below, by wire transfer at its own expense or by cashier’s check or some other mutually agreeable form of payment. The account shall be labeled “▇▇▇▇▇ Class Action Qualified Settlement Fund.” This payment is the only payment that shall ever be required of Alltru.

Cash Fund. In consideration of the Release and the dismissal of the Litigation with prejudice and subject to the limits specified herein, Defendants agree that, within thirty (30) Days of the Effective Date, they will cause an amount sufficient to cover the Attorneys' Fees and Expenses and Service Awards to be paid into the Cash Fund. Defendants further agree that they will cause an amount sufficient to cover Settlement Fees and Expenses to be paid into the Cash Fund on an ongoing basis after the Preliminary Approval Date. Defendants further agree that within thirty (30) Days of the Effective Date or thirty (30) Days after all issues and disputes regarding the validity ofa Claim Form and the amount, if any, to be paid on each claim have been resolved, whichever is later, they will cause an amount sufficient to cover all award payments made pursuant to Section X(2) as well as Settlement Fees and Expenses to be paid into the Cash Fund. Defendants shall have no obligation to pay any amounts into the Cash Fund beyond the foregoing obligations, and the total amount paid into the Cash Fund by Defendants shall, in no event, exceed three million four hundred thousand dollars ($3,400,000 USD). Defendants' maximum monetary obligation under this Settlement Agreement is three million four hundred

Cash Fund. The Funds referred to in clauses (f), (g), (i) and (j) are not required to be separate accounts but may be maintained as subaccounts of the Revenue Fund. To the extent the Debt Service Reserve Fund is fully funded or the amounts in such Fund, together with the Debt Service Reserve Letter of Credit, equal the Debt Service Reserve Required Balance, interest on the amounts in such Funds shall be transferred to the Revenue Fund. The following six sub-funds are hereby established and created within the Loss Proceeds Fund:

Cash Fund. 10.1.1 Clause 5.4 of the Transaction specifies that CGQL and QDLSA will each contribute monies annually for course and infrastructure improvements. 10.1.2 With effect from 1st January 2009 the parties hereto agree that Clause 5.4 of the Transaction is revoked and parties hereby declare that there will be no compensation whatsoever regarding the amounts that have been previously deposited.

Cash Fund. No later than five days after the Court enters an order granting preliminary approval of the Settlement, Fastenal will establish a non-reversionary cash fund in the amount of $1,300,000 (the "Cash Fund"), and will transfer the full amount of the Cash Fund to a bank account designated and maintained by the Settlement Administrator for purposes of this Settlement.