Class Representative Enhancement Payments Sample Clauses

Class Representative Enhancement Payments. The amount the Court awards to Plaintiffs for their services as Class Representatives, which will not exceed $10,000 to each Plaintiff. This payment shall be paid from the Qualified Settlement Fund and will not be opposed by Defendant. This enhancement is subject to approval of the Court.
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Class Representative Enhancement Payments. Defendant will not object to a request for Class Representative Enhancement Payment of $10,000.00 for each time and risks in prosecuting this case and Plaintiffs service to the Settlement Class. This award will be in addition to each Individual Settlement Payment as a Settlement Class Member and shall be reported on an IRS Form 1099 by the Settlement Administrator.
Sample 1
Class Representative Enhancement Payments. AMC agrees not to oppose or object to any application or motion for Class Counsel for a class representative enhancement payment in the amount of $7,500.00 for each Named Plaintiff for a total of $97,500. The Class Representative Enhancement will be paid from the Gross Settlement Fund.
Sample 1
Class Representative Enhancement Payments. Subject to the Class Representatives' execution (before preliminary approval of the Settlement) of this Agreement, Class Counsel will request, and Xxxxx Rentals will not oppose that the Court approve Class Representative Enhancement Payments of up to Ten Thousand Dollars ($10,000) to each Class Representative. Any Class Representative Enhancement Payment is in addition to the class Representatives' individual settlement payments. The Class Representative Enhancement Payments are part of and to be deducted from, the Gross Settlement Amount and will be paid by the Settlement Administrator. If the Court approves a Class Representative Enhancement Payment of less than the amounts requested, the difference will be placed in the Net Settlement Fund for distribution to Participating Class Members. The Class Representative Enhancement Payments approved by the Court shall be paid by the Settlement Administrator from the Gross Settlement Amount. Payroll tax withholdings and deductions will not be taken from the Class Representative Payment, but an IRS Form 1099 will be issued to the Class Representatives with respect to these payments.
Sample 1
Class Representative Enhancement Payments. Defendant will not object to a request for Class Representative Enhancement Payments of up to $10,500.00 to Plaintiff Xxxxx Xxxxxxxx and $5,000.00 to Plaintiff Xxxx Xxxxx for their time and risks in prosecuting this case and their service to the Settlement Class. This award will be in addition to Plaintiffs’ Individual Settlement Payment as a Settlement Class Member and shall be reported on an IRS Form 1099 by the Claims Administrator. This Class Representative Enhancement Payments also include compensation for Plaintiffs’ individual releases of all claims. The Parties agree that any amount awarded by the Court as the Class Representative Enhancement Payments to Plaintiffs less than the requested amount shall not be a basis for Plaintiffs or Class Counsel to void this Settlement Agreement. Should the Court approve a lesser amount for the Class Representative Enhancement Payment, the difference shall be added to the Net Settlement Amount to be distributed to the Settlement Class Members. In the event of any appeal of the amount of the Class Representative Enhancement Amount (if any) approved by the Court, if, after the exhaustion of any such appellate review, additional amounts not awarded to Plaintiffs shall be added to the Net Settlement Amount to be distributed to the Settlement Class Members
Sample 1
Class Representative Enhancement Payments. In exchange for general releases, and in 7 recognition of her effort and work in prosecuting the Action on behalf of Class Members, Defendant agrees not 8 to oppose or impede any application or motion for a Class Representative Enhancement Payment of ($7,500.00) 9 to Plaintiff for her services on behalf of the Settlement Class. The Class Representative Enhancement Payment 10 will be paid from the Class Settlement Amount and will be in addition to Plaintiff’s individual settlement 11 payment paid pursuant to the Settlement. Plaintiff will be solely and legally responsible to pay any and all 12 applicable taxes on the payments made pursuant to this paragraph and will indemnify and hold Defendant 13 harmless from any claim or liability for taxes, penalties, or interest arising as a result of the payment.
Sample 1

Related to Class Representative Enhancement Payments

  • Distributions to Certificateholders; Payment of Special Primary Insurance Premiums (a) On each Distribution Date, the Trustee (or any duly appointed paying agent) shall (i) subject to Section 3.05(a)(viii), withdraw from the Certificate Account any Special Primary Insurance Premium payable on such Distribution Date and pay such amount to the insurer under the applicable Special Primary Insurance Policy and (ii) withdraw from the Certificate Account the REMIC II Available Distribution Amount for such Distribution Date and distribute, from the amount so withdrawn, to the extent of the REMIC II Available Distribution Amount, the REMIC II Distribution Amount to the Certificateholders (including the Class R Certificateholders with respect to any distribution to the Holders of the Class R-2 Residual Interest), all in accordance with the written statement received from the Master Servicer pursuant to Section 4.02(b). Any Special Primary Insurance Premiums distributed pursuant to clause (i) above shall be distributed by means of payment acceptable to the insurer under the respective Special Primary Insurance Policy. Amounts distributed to the Certificateholders pursuant to clause (ii) above shall be distributed by wire transfer in immediately available funds for the account of, or by check mailed to, each such Certificateholder of record on the immediately preceding Record Date (other than as provided in Section 9.01 respecting the final distribution), as specified by each such Certificateholder and at the address of such Holder appearing in the Certificate Register.

  • Trust Accounts Distributions Statements to Noteholders SECTION 5.1.

  • Certificate Distribution Account The Certificate Distribution Account shall be established as a non-interest bearing trust account pursuant to Section 4.1 of the Sale and Servicing Agreement. Funds on deposit in the Certificate Distribution Account shall be held uninvested. The Certificateholders shall possess all beneficial right, title and interest in and to all funds on deposit from time to time in the Certificate Distribution Account and all proceeds thereof. Except as otherwise provided herein, in the Indenture or in the Sale and Servicing Agreement, the Certificate Distribution Account shall be under the sole dominion and control of the Certificate Paying Agent for the benefit of the Certificateholders. If, at any time, the Certificate Distribution Account ceases to be an Eligible Account, the Servicer on behalf of the Issuer, shall, within ten (10) Business Days (or such longer period) after becoming aware of the fact, establish a new Certificate Distribution Account as an Eligible Account and shall direct the Certificate Paying Agent to transfer any cash then on deposit in the Certificate Distribution Account to such new Certificate Distribution Account.

  • Instructions for Certification - Lower Tier Participants (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200)

  • Tax Treatment of Swap Payments and Swap Termination Payments For federal income tax purposes, each holder of a Floating Rate Certificate is deemed to own an undivided beneficial ownership interest in a REMIC regular interest and the right to receive payments from either the Net WAC Rate Carryover Reserve Account or the Swap Account in respect of the Net WAC Rate Carryover Amount or the obligation to make payments to the Swap Account. For federal income tax purposes, the Trust Administrator will account for payments to each Floating Rate Certificates as follows: each Floating Rate Certificate will be treated as receiving their entire payment from REMIC III (regardless of any Swap Termination Payment or obligation under the Interest Rate Swap Agreement) and subsequently paying their portion of any Swap Termination Payment in respect of each such Class’ obligation under the Interest Rate Swap Agreement. In the event that any such Class is resecuritized in a REMIC, the obligation under the Interest Rate Swap Agreement to pay any such Swap Termination Payment (or any shortfall in Swap Provider Fee), will be made by one or more of the REMIC Regular Interests issued by the resecuritization REMIC subsequent to such REMIC Regular Interest receiving its full payment from any such Floating Rate Certificate. The REMIC regular interest corresponding to a Floating Rate Certificate will be entitled to receive interest and principal payments at the times and in the amounts equal to those made on the certificate to which it corresponds, except that (i) the maximum interest rate of that REMIC regular interest will equal the Net WAC Pass-Through Rate computed for this purpose by limiting the Swap Notional Amount of the Interest Rate Swap Agreement to the aggregate Stated Principal Balance of the Mortgage Loans and (ii) any Swap Termination Payment will be treated as being payable solely from Net Monthly Excess Cashflow. As a result of the foregoing, the amount of distributions and taxable income on the REMIC regular interest corresponding to a Floating Rate Certificate may exceed the actual amount of distributions on the Floating Rate Certificate.

  • Distribution Date 13 DTC...........................................................................................13

  • Instructions for Certification – First Tier Participants a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below.

  • Collection of Mortgage Loan Payments; Certificate Account; Distribution Account (a) The Master Servicer shall make reasonable efforts in accordance with the customary and usual standards of practice of prudent mortgage servicers to collect all payments called for under the terms and provisions of the Mortgage Loans to the extent such procedures shall be consistent with this Agreement and the terms and provisions of any related Required Insurance Policy. Consistent with the foregoing, the Master Servicer may in its discretion (i) waive any late payment charge or any prepayment charge or penalty interest in connection with the prepayment of a Mortgage Loan and (ii) extend the due dates for payments due on a Mortgage Note for a period not greater than 180 days; provided, however, that the Master Servicer cannot extend the maturity of any such Mortgage Loan past the date on which the final payment is due on the latest maturing Mortgage Loan as of the Cut-off Date. In the event of any such arrangement, the Master Servicer shall make Advances on the related Mortgage Loan in accordance with the provisions of Section 4.1 during the scheduled period in accordance with the amortization schedule of such Mortgage Loan without modification thereof by reason of such arrangements. The Master Servicer shall not be required to institute or join in litigation with respect to collection of any payment (whether under a Mortgage, Mortgage Note or otherwise or against any public or governmental authority with respect to a taking or condemnation) if it reasonably believes that enforcing the provision of the Mortgage or other instrument pursuant to which such payment is required is prohibited by applicable law.

  • Mortgage Payments Received After Transfer Date The amount of any related Monthly Payments received by the Seller after the related Transfer Date shall be forwarded to the Purchaser by overnight mail within one (1) Business Day following the date of receipt. The Seller shall notify the Purchaser of the particulars of the payment, which notification requirement shall be satisfied if the Seller forwards with its payment sufficient information to permit appropriate processing of the payment by the Purchaser. The Seller shall assume full responsibility for the necessary and appropriate legal application of such Monthly Payments received by the Seller after the related Transfer Date with respect to related Mortgage Loans then in foreclosure or bankruptcy; provided, for purposes of this Agreement, necessary and appropriate legal application of such Monthly Payments shall include, but not be limited to, endorsement of a Monthly Payment to the Purchaser with the particulars of the payment such as the account number, dollar amount, date received and any special Mortgagor application instructions and the Seller shall comply with the foregoing requirements with respect to all Monthly Payments received by it after the related Transfer Date.

  • Reduction of Servicing Compensation in Connection with Prepayment Interest Shortfalls In the event that any Mortgage Loan is the subject of a Prepayment Interest Shortfall, the Servicer shall, from amounts in respect of the Servicing Fee for such Distribution Date, deposit into the Collection Account, as a reduction of the Servicing Fee for such Distribution Date, no later than the Servicer Remittance Date immediately preceding such Distribution Date, an amount up to the Prepayment Interest Shortfall; provided that the amount so deposited shall not exceed the Compensating Interest for such Distribution Date. In case of such deposit, the Servicer shall not be entitled to any recovery or reimbursement from the Depositor, the Trustee, the Issuing Entity or the Certificateholders. With respect to any Distribution Date, to the extent that the Prepayment Interest Shortfall exceeds Compensating Interest (such excess, a "Non-Supported Interest Shortfall"), such Non-Supported Interest Shortfall shall reduce the Current Interest with respect to each Class of Certificates, pro rata based upon the amount of interest each such Class would otherwise be entitled to receive on such Distribution Date. Notwithstanding the foregoing, there shall be no reduction of the Servicing Fee in connection with Prepayment Interest Shortfalls related to the Relief Act or bankruptcy proceedings and the Servicer shall not be obligated to pay Compensating Interest with respect to Prepayment Interest Shortfalls related to the Relief Act or bankruptcy proceedings.

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