Cy Pres. 15.6.1 In the event that any portion of a State Specific Fund has not been distributed as provided for by this Agreement after a period of four hundred (400) days has elapsed from the date on which settlement checks are mailed by the Claims Administrator, then such remaining amounts shall be used first to pay any otherwise valid claims against that State Specific Fund that were excluded from the Class Monetary Distribution through error or omission of the Claims Administrator. If, after such further actions, Gift Cards or funds that were available to be distributed through Gift Cards still have not been distributed, Kmart may cancel half the total value of such remaining Gift Cards or amount available to be distributed through Gift Cards and shall release half the amount remaining in the Gift Card Fund attributable to the relevant State Specific Fund. Any further balance remaining in such State Specific Fund, including all remaining cash and the other half of the Gift Cards (by value), shall be paid as follows:
Cy Pres. If any checks remain uncashed or not deposited by the expiration of the 90-day period after mailing the reminder notice, the Settlement Administrator will, within two hundred (200) calendar days after the checks are mailed, cancel the checks. All funds associated with the Individual Settlement Share checks returned as undeliverable and funds associated with those Individual Settlement Share checks remaining un-cashed, shall be transmitted by the Settlement Administrator to a cy pres beneficiary. The cy pres beneficiary selected by the Parties is The United Way. The United Way is a non-profit organization that supports projects that benefit employees and applicants throughout the State of California.
Cy Pres. 10.5.1. The Parties recognize that there likely will be some checks issued by the Settlement Administrator that will not be delivered successfully, or that will not be cashed within one year, and therefore will become void as set forth in Paragraph 10.4.3 of this Agreement.
Cy Pres. If funds remain after the payments are made as described herein, remaining amounts will be donated to North Shore Animal League America.
Cy Pres. After the Settlement Fund is used for payment of: (i) Settlement 11 Administration Expenses, (ii) the Fee Award, and (iii) the Incentive Award, the balance of the 12 Settlement Fund shall be distributed to the Cy Pres Recipients. The Parties agree that Plaintiffs 13 shall designate the Cy Pres Recipients pursuant to the following parameters, and subject to Court
Cy Pres. All funds remaining in the settlement fund following payments of all amounts described in this agreement (including, but not limited to, amounts remaining from uncashed checks, returned checks, etc.) after 180 days following the distribution date will constitute the cy pres fund. The class administrator shall distribute the entire cy pres fund as follows: 50% to the Oregon State Bar and 50% to the Oregon Consumer League, a non-profit organization focused on consumer protection issues. No amount of the settlement fund or settlement payments shall revert or be returned to defendant or their insurers.
Cy Pres. The first $5,000 of any Settlement Checks which are uncashed after ninety (90) days from their mailing, as well as any other remaining funds in the Settlement Fund at such time, will be distributed as a cy pres award with half being awarded to The Xxxxx Xxxxx Foundation and half being awarded to the Illinois Equal Justice Foundation or some other appropriate organization of the Court’s choosing. (the “Cy Pres Account”). Any remaining funds in excess of $5,000 will revert to Xxxxx.
Cy Pres. Any remaining funds after distribution to the Class under the 13 Distribution Plan will be paid in accordance with Section 384 of the Code of 14 Civil Procedure. Defendants will initially designate the charitable recipients 15 and such designation shall be made in the Motion for Preliminary Approval.
Cy Pres. Any funds remaining in the Settlement Fund after the payment of all approved class member claims, expenses, litigation costs, attorneys' fees, and other court-approved disbursements shall constitute a Cy Pres Award. If any Class Members who have not opted out do not negotiate or cash their Settlement Check within ninety (90) days from the issuance, such funds shall be a cy pres award. Pursuant to Wis. Stat. § 803.08(10)(b)(1), not less than fifty percent (50%) of any cy pres award shall be distributed to the Wisconsin Trust Account Foundation, Inc. to support direct delivery of legal services to persons of limited means in non-criminal matters. The remainder of any cy pres award shall be distributed equally between Legal Action of Wisconsin and the Legal Aid Society of Milwaukee to provide legal assistance to financially distressed individuals and families, subject to Court approval. The Settlement Administrator and/or Class Counsel agree to obtain funding letters from any recipient of funds from the cy pres award in which the recipient agrees not to use any such funds received hereunder to support affirmative claims of any kind against financial institutions.
Cy Pres. If any amount remains in the Settlement Fund after all disbursements are otherwise made pursuant to paragraphs 4.4 and 4.5, above, then the remaining amounts will be donated to the Electronic Frontier Foundation.
