Common Fund. Defendant will make a one-time payment of the Gross Settlement Amount of $5,200,000 into a Common Fund. Class Members wishing to file a claim can make a claim against the Common Fund for personal injury claims, failure to warn claims, out-of-pocket expenses and past purchases of the Products of up to $19,000. All payments of claims, costs of administration of the Settlement, Attorneys’ Fees and Costs and Service Awards shall be paid only from this Common Fund. In no event will Defendant pay more than the amount of the Common Fund. All Claimants must submit a Claim Form, and Claimants must provide evidence in support of their claims. Claims will be evaluated based on criteria as generally set forth herein with discretion being placed with the Settlement Administrator and Special Master to implement the agreed-upon criteria and award a recovery within the range set forth in Section VII. For less significant claims or claims with undocumented proof of purchase or damages, the amount will be up to $20 per Claimant.
Common Fund. In consideration of a full, complete, and final settlement of this Action, dismissal of the Action with prejudice, and the releases below, and subject to the Court’s approval, the Parties agree to the following relief: If no appeal of the Court’s Final Approval Order is timely filed, within 5 days of the Effective Date or within 35 days of the date of entry of the Final Judgment (whichever is later), Plains shall pay the Xxxxxx Class Settlement Amount into the Xxxxxx Class Common Fund, and shall pay the Property Class Settlement Amount into the Property Class Common Fund. Both the Xxxxxx Class Common Fund and the Property Class Common Fund shall be administered by the Settlement Administrator. If an appeal of the Court’s Final Approval Order is timely filed, the Parties will establish an escrow account into which Plains will pay the Xxxxxx Class Settlement Amount and the Property Class Settlement Amount within 35 days of the entry of the Final Judgment. The costs and fees of the escrow shall be paid from the amounts in the escrow account. The escrowed funds shall be invested in short-term U.S. Treasuries. If the appeal results in termination of this Settlement Agreement under Article VI.5, the escrowed funds, including any interest earned, shall be returned to Plains. If the appeal does not result in termination of the Settlement Agreement under Article VI.5, the escrowed funds, including any interest earned, shall be paid into the Xxxxxx Class Common Fund and the Property Class Common Fund within 10 days of the Effective Date. The Settlement Administrator shall disburse funds from the Xxxxxx Class Common Fund and the Property Class Common Fund pursuant to the terms of this Settlement Agreement and in accordance with the orders of the Court. In no event shall Defendants’ monetary liability under this Settlement Agreement exceed the sum of the Xxxxxx Class Settlement Amount and the Property Class Settlement Amount, i.e., U.S. $230 million ($230,000,000.00), as described in this Article.
Common Fund. 1. Defendants shall make a payment to a Common Fund that will be established to make payments to Class members who submit approved claims as detailed in Section II.D. The total size of the Common Fund will depend on the number of approved claims but will be a minimum of $80,000,000 and a maximum of $145,000,000 established for all Defendants combined.
Common Fund. 2.1 The Parties have agreed to a Common Fund settlement with a maximum payment by Merck of up to $23 million (the "Settlement Amount") for claims made for out-of-pocket expenditures by members of the Class ("Settlement Class") and certain other payment obligations set forth below.
Common Fund. 2 Upon entry of the Preliminary Approval Order, the Town shall establish a Common Fund in the 3 amount of Three Million One Hundred Fifty Thousand Dollars ($3,150,000) for purposes of 4 effectuating this Settlement. Within three (3) court days of the Effective Date, the Town shall 5 distribute the Common Fund as follows:
Common Fund. Within fifteen (15) days after Finality, BOA shall remit to the Settlement Administrator the amount of the Settlement Benefits, Counsel Fees, Case Expenses, and the Service Awards. All of these funds shall be maintained by the Settlement Administrator in an interest-bearing Common Fund account. Any funds remaining in the Common Fund account more than three hundred (300) days after Finality shall be remitted by the Settlement Administrator to BOA with interest earned on the Common Fund.
Common Fund. In consideration of a full, complete, and final settlement of this Action, dismissal of the Action with prejudice, and the releases below, and subject to the Court’s approval, the Parties agree to the following relief:
Common Fund. The Common Fund shall include 4 million dollars ($4,000,000.00) in cash. On or before January 8, 2016, Verizon shall transfer $4 million in cash to the Settlement Administrator. The Settlement Administrator shall deposit the Common Fund into segregated interest-bearing account(s) at one or more FDIC-insured institutions. The Settlement Administrator shall hold such funds for the benefit of the Settlement Classes, Class Counsel, and Xxxxxx, and shall disburse the funds only in accordance with the orders of the Court, except that the Settlement Administrator may disburse amounts to effectuate the CAFA Notice prior to the entry of the Preliminary Approval Order, if necessary to comply with CAFA.
Common Fund. The Trustee shall not be required to make any separate investment of the Trust Fund for the account of the Plan as applied to multiple employers and may administer and invest all contributions made under the Plan as one Trust Fund. If, for any purpose, it becomes necessary to determine as of any date the portion of the Trust Fund allocable to all or any group of Participants employed by any separate employer, the Company shall specify such date as a special accounting date and, after all adjustments required as of the date have been made, such portion of the Trust Fund shall be an amount equal to the aggregate of the account balances of such Participants. Any such determination by the Company shall be binding upon all of the employers, Participants and all other persons. The Trustee will have no duty or responsibility to question any determination or direction by the Company under this paragraph III-7.
