Common use of Remaining distributions Clause in Contracts

Remaining distributions. 6.1 The Parties shall procure that the remainder of the Settlement Amount, not distributed pursuant to Paragraph 5, shall be distributed as soon as practicably possible after the respective early distributions pursuant to such Paragraph. In furtherance thereof they shall agree with the Claims Administrator on a distribution process, based on the following principles: (a) There shall be a distinction between the distribution of the remainder of the Settlement Amount attributable to Active Claimants (the "Active Claimants Remaining Distribution Amount") and Non-Active Claimants (the "Non-Active Claimants Remaining Distribution Amount"). (b) The calculation of the Active Claimants Remaining Distribution Amount and the Non-Active Claimants Remaining Distribution Amount respectively shall reflect any possible adjustments pursuant to Paragraph 4.2 to the Provisional Claim Amount in respect of an Eligible Shareholder to determine the final claim amount in respect of such Eligible Shareholder (the "Final Claim Amount"). (c) In furtherance of (b), the Active Claimants Remaining Distribution Amount and the Non-Active Claimants Remaining Distribution Amount shall be paid at the earliest six (6) months after the Claims Submission Deadline. (d) Distribution of the Active Claimants Remaining Distribution Amount and the Non-Active Claimants Remaining Distribution Amount shall in principle only take place after the Claim Forms in respect of all Active Claimants and Non-Active Claimants respectively have been processed, including the resolution and cure of any deficiencies in Claim Forms submitted, in order to ensure that the Final Claim Amount in respect of all Active Claimants and Non-Active Claimants shall be correct, within a limited margin of error. (e) The Active Claimants Remaining Distribution Amount and the Non-Active Claimants Remaining Distribution Amount shall be distributed as soon as possible. However, in view of the possibility of error referred to under (d) (e.g. because there may subsequently turn out to be unprocessed Claim Forms or unresolved deficiencies), the Active Claimants Remaining Distribution Amount and the Non-Active Claimants Remaining Distribution Amount shall only be distributed up to a maximum of 95% of the Settlement Amount after the processing as referred to under (d). The remainder shall be distributed at the earliest one (1) year thereafter.

Appears in 3 contracts

Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement