Distribution Protocol. (1) At a time wholly within the discretion of Class Counsel, but on notice to the Settling Defendants, Class Counsel will bring motions seeking orders from the Courts approving the Distribution Protocol. The motions can be brought before the Effective Date, but the orders approving the Distribution Protocol shall be conditional on the Effective Date occurring.
Distribution Protocol. (1) After the Effective Date, at a time wholly within the discretion of Class Counsel, but on notice to the Settling Defendants, Class Counsel will make an application seeking orders from the Ontario and Quebec Courts approving the Distribution Protocol.
Distribution Protocol. The Distribution Protocol is part of this Settlement Agreement and will be subject to approval by the Court, as part of the application seeking Court approval of this Settlement Agreement (the Second Order). The Distribution Protocol is set out at Schedule D hereto.
Distribution Protocol. (1) At a time wholly within the discretion of Class Counsel, Class Counsel will seek orders from the Courts approving the Distribution Protocol.
Distribution Protocol. At the same time as the motion for certification and settlement approval, Class Counsel will seek a Court order for approval of the Distribution Protocol. The Distribution Protocol is set out at Schedule B hereto.
Distribution Protocol. If the Settlement Agreement is approved by the Court, the Settlement Amount, after deduction of Class Counsel Fees and Administration Expenses (the “Net Settlement Amount”) will be distributed to Class Members in accordance with a Distribution Protocol, subject to the Court’s approval. Class Members will be eligible for compensation pursuant to the Settlement if they submit a completed Claim Form, including any supporting documentation, with the Administrator, and their claim satisfies the criteria set out in the Distribution Protocol. The proposed Distribution Protocol provides a formula pursuant to which the Net Settlement Amount will be allocated to eligible Class Members on a pro rata basis. Because the Net Settlement Amount will be distributed pro rata, it is not possible to estimate the individual recovery of any individual Class Member until all the claims have been received and reviewed. The proposed Distribution Protocol is available for viewing on Class Counsel’s website (www.•.com) In the event any amounts remain undistributed after the distribution of the Net Settlement Amount (whether as a result of a failure to locate claimants, the failure of any Class Member to make a valid claim, or as a result of any tax refunds or any distributed cheques having become stale-dated or ineligible for redemption), those amounts will be distributed to eligible Class Members in accordance with the Distribution Protocol (if sufficient to warrant a further distribution) or allocated in a manner approved by the Court. The approval of the Settlement is not contingent on the approval of the Distribution Protocol. The Court may still approve the Settlement even it if does not approve the Distribution Protocol or approves amendments to the Distribution Protocol.
Distribution Protocol. (1) After the Effective Date, at a time within the discretion of the Plaintiffs, but on notice to the Settling Defendants, the Plaintiffs will seek orders from the Courts approving a Distribution Protocol.
Distribution Protocol. If the Settlement Agreement is approved by the Courts, the Settlement Amount, after deduction of Class Counsel Fees and Administration Expenses (the “Net Settlement Amount”) will be distributed to Class Members in accordance with the Distribution Protocol, subject to the Courts’ approval. The Settlement provides that to qualify for compensation, Class Members will be required to submit a properly completed Claim Form to the Administrator within the time prescribed by the Courts. Each Class Member who submits a valid and timely Claim Form will be entitled to receive compensation calculated in accordance with the Distribution Protocol. If the Settlement is approved by the Courts, a further notice will be published which will include instructions on how Class Members can file their Claim Forms and the deadline for doing so. The proposed Distribution Protocol provides that in order to determine the individual entitlements of Class Members who make claims, the losses of each claimant will be calculated in accordance with a formula based on the statutory damages provisions contained in the securities legislation of Ontario and Québec. Once the notional losses of all Class Members who have filed valid claims have been calculated, the Net Settlement Amount will be allocated to those Class Members in proportion to their percentage of the total notional losses calculated for all valid claims filed. Because the Net Settlement Amount will be distributed pro rata, it is not possible to estimate the individual recovery of any individual Class Member until all the claims have been received and reviewed.
Distribution Protocol. (1) The Plaintiffs, the Domfoam Defendants and the Individual Settling Parties acknowledge that the Settlement Class includes Persons who purchased Foam Products directly from the Defendants as well as Persons who purchased Foam Products indirectly from third parties, and that this Settlement Agreement makes no determination as to which Settlement Class Members are entitled to distribution from the Trust Account or as to the formula for determining the allocation of the monies in the Trust Account.
Distribution Protocol. (1) The Distribution Protocol was approved by the Order of Justice Xxxxxx dated July 4, 2018 and the Order of the Quebec Court dated August 24, 2018, and amended by the Order of Justice Xxxxxx, dated August 1, 2019 and the Order of the Quebec Court dated August 23, 2019. Any further motions to amend the Distribution Protocol will be brought by Class Counsel on notice to the Settling Defendants.
