Net Settlement Amount. The total amount of money available for payout to Participating Class Members, which is the Gross Settlement Amount less the Attorney Fee Award, the Cost Award, Class Representative Enhancement Payments, the PAGA Payment paid to the LWDA and Eligible Aggrieved Employees, and Administration Costs. In other words, the Net Settlement Amount is the portion of the Gross Settlement Amount that will be distributed to Class Members who do not request exclusion from the Settlement.
Net Settlement Amount. The Net Settlement Amount will be determined by the Settlement Administrator by subtracting the Class Counsel Award, Class Representatives’ Enhancement Awards, PAGA Group Payment, PAGA Payment to the LWDA, and Settlement Administrator Costs from the Total Settlement Amount. The anticipated Net Settlement Amount is $3,340,864.17. The Parties estimate the amount of the Net Settlement Amount to be calculated as follows: Total Settlement Amount: $5,500,000.00 Requested Class Rep. Enhancement Award: $60,000 ($15,000 each) Requested Class Counsel Fees: $1,833,333.33 Requested Class Counsel Costs: $140,000.00 PAGA Payment to LWDA: $187,500.00 PAGA Group Payment: $62,500.00 Settlement Administrator Costs: $120,000.00 Net Settlement Amount $3,096,666.67 This is a non-reversionary Settlement in which Defendants will pay the entire Total Settlement Amount. The employer’s share of payroll taxes and other required withholdings from Individual Settlement Payments, including but not limited to Defendant Maxim Healthcare Services, Inc.’s FICA and FUTA contributions, if applicable, shall be paid separately from, and in addition to, the Total Settlement Amount.
Net Settlement Amount. After deducting the amounts above, the balance of the Total Settlement Amount will form the Net Settlement Amount for distribution to the Class Members who do not timely request exclusion from the Settlement. You can view the Settlement Agreement and other Court documents related to this case by visiting www .
Net Settlement Amount. The Net Settlement Fund shall be allocated to Settlement Class Members based on their California-based delivery services performed pursuant to the Delivery Service Agreement at any time during the Class Period. One hundred percent (100%) of the Net Settlement Amount will be distributed to these Settlement Class Members in an amount determined by the Settlement Administrator’s calculation of the Individual Settlement Amount due to each Settlement Class Member.
Net Settlement Amount. In the event of termination and liquidation pursuant to Section 13.1, the Non-Defaulting Party shall compute the Net Settlement Amount (as defined in this Section 13.2) calculated as set forth below and shall notify the Defaulting Party of the Net Settlement Amount. For each such Transaction, if the Contract Price for such Transaction exceeds the market price per unit for comparable transactions as determined by the Non- Defaulting Party in a commercially reasonable manner ("Market Price") on the date of default, an amount equal to the difference between the two prices multiplied by the quantity of undelivered Gas, which the Parties committed to deliver or take under such Transaction, discounted to present value in a commercially reasonable manner by the Non-Defaulting Party ("Transaction Settlement Amount") shall be credited to the Seller. If the Market Price exceeds the Contract Price, the Transaction Settlement Amount for such Transaction shall be credited to the Buyer and calculated in the same manner. The Non-Defaulting Party shall set off or aggregate, as appropriate, all Transaction Settlement Amounts, as so discounted, and any or all other amounts owing between the Parties under any Transaction hereunder or under any Related Agreement or Derivative Agreement so that all such amounts are aggregated and/or netted to a single liquidated amount payable by one Party to the other (the "Net Settlement Amount"). The Non-Defaulting Party may include in its calculation of the Net Settlement Amount any other damages, losses and expenses incurred by it as a result of such close-out and liquidation, including without limitation any damages, losses and expenses incurred in obtaining, liquidating or employing commercially reasonable xxxxxx related to the Transactions that are being liquidated, all as determined in good faith in a commercially reasonable manner by the Non-Defaulting Party. Payment of the Net Settlement Amount shall be due within five (5) Business Days of the Early Termination Date. The remedy under this Section 13.2 is in addition to any other rights or remedies available to the Non-Defaulting Party under this Agreement or under law. The Parties agree that Transactions under this Article 13 constitute "forward contracts" within the meaning of the United States Bankruptcy Code.
Net Settlement Amount. If the Non-Defaulting Party establishes an Early Termination Date, then the Non-Defaulting Party shall calculate its Gains or Losses and Costs resulting from the termination as of the Early Termination Date, in a Commercially Reasonable Manner. The Non-Defaulting Party shall aggregate such Gains or Losses and Costs with respect to the liquidation of the termination and any other amounts due under this Agreement and any other agreement between the Parties into a single net amount expressed in U.S. dollars (the “Net Settlement Amount”). The Non-Defaulting Party shall then notify the Defaulting Party of the Net Settlement Amount. The Defaulting Party shall pay the Non-Defaulting Party the full amount of the Net Settlement Amount within five (5) Business Days of delivery to the Defaulting Party of the notice of the Net Settlement Amount that the Defaulting Party is liable for.