Disposition of Residual Funds. 83. Within 1 year after the date the Settlement Administrator mails the first Settlement Class Member Payment, any remaining amounts resulting from uncashed checks (“Residual Funds”) shall be distributed as follows:
Disposition of Residual Funds. 155. Within one year plus 30 days after the date the Settlement Administrator mails the first Settlement Fund Payments, any funds remaining in the Settlement Fund shall, subject to the Court’s approval, be distributed through a residual cy pres program. The residual cy pres recipient(s) shall be agreed upon by Settlement Class Counsel and TD Bank and subject to Court approval. The purpose of any residual cy pres distribution shall be to benefit consumer financial literacy education, and to educate and assist consumers with financial services issues through advisory and related services (excluding litigation). Any residual cy pres distribution shall be paid as soon as reasonably possible following the completion of distribution of Settlement Fund Payments. All costs associated with the disposition of residual cy pres funds shall be paid by the Settlement Fund. In the event no money remains in the Settlement Fund within one year plus 30 days after the first Settlement Fund Payment is mailed, the Parties shall have no obligation whatsoever to make any residual cy pres distribution. If the Court does not approve any cy pres distributions, or if any such approval is reversed on appeal, residual funds shall be distributed in the manner provided by the final order addressing distribution of residual funds.
Disposition of Residual Funds. 78. Within one year after the date the Settlement Administrator mails the first Settlement Class Member Payment, any remaining amounts resulting from uncashed checks shall be distributed to an appropriate cy pres recipient agreed to by the Parties and approved by the Court.
Disposition of Residual Funds. 74. Within one year after the date the Settlement Administrator mails the first Settlement Class Member Payment, any remaining amounts resulting from uncashed checks shall either be distributed: (a) in a second round of distribution to those Settlement Class Members who are Current Account Holders or who cashed their initial settlement check, if Class Counsel determines that a second distribution is economically reasonable, given the costs of a second distribution (which must be paid out of the Settlement Fund) and the relative amount of such a second distribution; or (b) to an appropriate cy pres recipient agreed to by the Parties and approved by the Court. If a second distribution is made, any amounts remaining unclaimed six months after the second distribution shall be distributed to an appropriate cy pres recipient agreed to by the Parties and approved by the Court.
Disposition of Residual Funds. 101. In the event that there is any residual in the Settlement Fund Account after the distributions required by Sections XIII of this Agreement are completed, then the residual funds may be distributed to Participating Settlement Class Members who deposited (or cashed) their own original check through a secondary, pro-rata distribution of the residual less the cost of the secondary distribution.
Disposition of Residual Funds. (a) Within one (1) year after the date the Settlement Administrator first mails the Settlement Class Member Payment, any remaining amounts resulting from uncashed checks or returned checks (“Residual Funds”) shall be distributed as follows:
Disposition of Residual Funds. 109. In the event there are funds remaining in the Settlement Fund 20 days following the 180-day period for Settlement Class Members to select the form of electronic payment, following payment of Settlement Class Member Payments, any residual shall be distributed to an appropriate mutually agreeable cy pres recipient approved by the Court. The Parties agree to propose the National Consumer Law Center as the cy pres recipient.
Disposition of Residual Funds. 110. In the event that there are any residual funds in the Settlement Fund Account after the Class Member Award distributions required by this Agreement are completed, said residual funds shall in no circumstance revert to TD Bank. Subject to the feasibility of a such a distribution, including in terms of the effort and costs required, and subject to the approval of the Court, the residual funds may be distributed to Participating Settlement Class Members who (a) deposited (or cashed) their own original check, or (b) continue to have an active TD Bank deposit account, through a secondary pro-rata distribution of the residual less the cost of the secondary distribution. If not feasible in the judgment of counsel for the Parties, the residual amount may be distributed instead to a residual cy pres program chosen by and mutually agreed to by Class Counsel and TD Bank and approved by the Court. Any cy pres distribution shall be paid as soon as reasonably possible following the completion of all distributions of funds to the Settlement Class Members. The residual funds shall be disposed of within one hundred and eighty (180) calendar days of the mailing of the final Class Member Award from the Settlement Fund Account.
Disposition of Residual Funds. 18 85. Any funds not claimed through the process of distribution of the Settlement Fund 19 shall be distributed 50% to Legal Foundation of Washington, and 50% to Financial Beginnings, a 20 501(c)(3) non-profit organization. No further distribution of residual funds or cy pres payment 21 will be made after the distribution as set forth in paragraph 83-85.
Disposition of Residual Funds. 124. Subject to Court approval, within one year after the date the Settlement Administrator mails the first Settlement Class Member Payment, any Residual Funds shall be distributed to Feeding America, in support of their No Plate Left Behind campaign, as a cy pres recipient.
