Retention of Claims Administrator. The Parties agree to retain Postlethwaite & Xxxxxxxxxxx as Claims Administrator to effect Class Notice and administration. The Claims Administrator shall assist with various administrative tasks, including, without limitation:
Retention of Claims Administrator. (A) Within 5 business days of the entry of an order granting Preliminary Approval, in the form attached as Exhibit C, the Parties shall retain a Claims Administrator, who shall be responsible for claims administration and various other duties described in this Agreement. The Claims Administrator shall be required to agree in writing to treat information it receives or generates as part of the claims administration process as confidential and to use such information solely for purposes of claims administration.
Retention of Claims Administrator. Within twenty (20) days of the Effective Date, KFHPW and the United States will agree upon a third-party organization to serve as claims administrator for the purposes of compensating persons harmed through the conduct described above from the Compensation Fund (“Claims Administrator”). The Claims Administrator must have the ability to communicate with persons who are deaf, deaf-blind, or hard of hearing through sign language interpretation services, if appropriate, and must commit to using such services, when appropriate, for all substantive communications with Potential Eligible Persons and Eligible Persons, as defined below. Within thirty (30) days of the Effective Date, KFHPW will contract to retain the Claims Administrator to conduct the activities set forth in this Agreement (“Retention Date”). KFHPW will obtain the United States’ consent to the contract prior to its execution. KFHPW will bear all costs associated with the claims administration. KFHPW’s contract with the Claims Administrator will require that the Claims Administrator comply with the provisions of this Agreement, as applicable to the Claims Administrator. The Claims Administrator’s contract will also require the Claims Administrator to work cooperatively with the United States in the conduct of the Claims Administrator’s activities, including reporting regularly to and providing all requested information to the United States. All information and data provided to the Claims Administrator pursuant to this Agreement shall be used by the Parties and the Claims Administrator only for the purposes of implementing this Agreement and shall be kept confidential.
Retention of Claims Administrator. The Court approves the retention of Strategic Claims Services as the Claims Administrator. The Claims Administrator shall cause the Notice and the Claim Form (“Notice Packet”), substantially in the forms annexed hereto, to be mailed by first-class mail or emailed, on or before ten (10) business days after entry of this Preliminary Approval Order (“Notice Date”), to all Settlement Class Members who can be identified with reasonable effort. Peabody, to the extent it has not already done so, shall use its best efforts to obtain and provide to Lead Counsel, or the Claims Administrator, within ten (10) business days of entry of this Order and at no cost to Lead Counsel or the Claims Administrator, records from Xxxxxxx’x transfer agents in electronic searchable form, to the extent available, containing the names, addresses, and emails (to the extent available) of Persons who purchased Peabody publicly traded common stock during the Settlement Class Period.
Retention of Claims Administrator. Within five (5) days after the execution of this Agreement, Plaintiffs’ Counsel, in consultation with Defendant’s Counsel, shall engage a Claims Administrator to mail Notices to Class Members and administer the settlement. The Claims Administrator shall be responsible for:
Retention of Claims Administrator. The Named Plaintiffs shall retain a Claims Administrator, which shall be responsible for the notice and claims administration process, calculation of payments to Class Members based on the Plan of Allocation approved by the Court, distribution to Class Members, withholding and paying applicable taxes, and other duties as provided herein. Plaintiffs shall obtain approval by the Court of the choice of the Claims Administrator. The Claims Administrator shall sign and be bound by the Protective Order entered in the Action and be required to agree in writing in a form approved by Sony Pictures, such approval not to be unreasonably withheld, to treat information it receives or generates as part of the notice and claims administration process as confidential and to use such information solely for the purposes of notice and claims administration, administering the Settlement Fund, including withholding and paying applicable taxes, and functions necessarily associated therewith or by this Agreement, and shall keep the information confidential including without limitation from Class Counsel. The fees and expenses of the Claims Administrator shall be paid exclusively out of the Settlement Fund. In no event shall Sony Pictures be separately responsible for fees or expenses of the Claims Administrator.
Retention of Claims Administrator. The Court approves the Class Representatives’ selection of Rust Consulting, Inc. to serve as claims administrator (the “Settlement Administrator”) or seek other claims administration as may be approved by the Court for the purposes of, among other things, effectuating the Class Notice, the Summary Notice, and website, processing Claim Forms, and distributing payments to Class Members from the Net Settlement Funds. The Settlement Administrator shall be responsible for the receipt of all responses from potential Class Members and shall preserve all Claim Forms and any and all other written communications from potential Class Members, nominees, or any other person in response to the Notice or Summary Notice until one year following the date of distribution of the proceeds of the Net Settlement Funds to Class Members or pursuant to further order of the Court.
Retention of Claims Administrator. Within a reasonable time after the execution of this Agreement, Plaintiffs shall retain the Claims Administrator, such as Simpluris, Martom or TBD, to administer the claims process based on the terms contained herein. The Claims Administrator shall be responsible for: (a) administering the Class Notice process; (b) calculating the individual settlement payment to be paid to each Class Member from the Gross Settlement Fund based on the Parties’ agreed-upon formula; (c) calculating the taxes to be withheld from the settlement payment paid to each Authorized Claimant; (d) cutting and sending out each of the settlement checks to be paid to each Plaintiff Authorized Claimant and to Class Counsel, and any tax withholding payments to be made on their behalf and any taxes and tax withholding payments to be made to taxing authorities by reason of taxable payments made to them; and (e) reporting to Defendants’ Counsel and Class Counsel regarding the aforementioned activities. The Claims Administrator shall consult with Defendants’ Counsel, and Defendants’ owners, managers, accounting staff, tax advisors, and financial advisors as needed to effectuate its obligations pursuant to this Agreement. The Claims Administrator shall also issue to the Parties a report every thirty (30) days setting forth: (a) a summary of its recent activity; and (b) the names of any class members whose class notices have been returned as “undeliverable.” Plaintiffs shall pay the fees charged by the Claims Administrator from the Qualified Settlement Fund, which is estimated not to exceed forty thousand dollars ($40,000.00).
Retention of Claims Administrator. (A) Within 7 calendar days of Preliminary Approval, the Parties shall retain a Claims Administrator, who shall be responsible for claims administration and various other duties described in this Agreement. The duties of the Claims Administrator shall be limited to those described in this Agreement, and the Claims Administrator shall have no discretion beyond that granted by this Agreement. The Claims Administrator and Class Counsel shall be required to agree in writing to treat information they receive and/or generate as part of the claims administration process as Highly Confidential and to use such information solely for purposes of claims administration, pursuant to the Stipulated Protective Order entered in this Litigation. The Claims Administrator shall not provide Class Counsel with access to any payroll data, names, addresses, or social security numbers of Class Members provided to or obtained by the Claims Administrator in connection with its duties under the terms of this Agreement. The Claims Administrator shall not provide Defendants’ Counsel with information regarding legal or factual inquiries made by Class Members to the Claims Administrator, or other communications from or with class members except as agreed by the Parties or otherwise required by this Agreement. In the event that the Claims Administrator receives such inquiries, the Claims Administrator may respond to routine inquiries and will refer inquiries requiring legal advice to Class Counsel. Nothing herein shall prevent the Claims Administrator from sharing with Defendants’ Counsel and Class Counsel the names of any Class Members who have opted out; the identity of any Class Members who raise legal inquiries with Class Counsel and any data regarding such Class Members that is necessary to address such inquiries; the status of any settlement checks and whether they have been cashed or deposited; objections to the settlement agreement; any other information that this Agreement permits the Claims Administrator to share; and/or any information that Class Counsel and Defendants’ Counsel agree the Claims Administrator may share. Except upon the consent of the other Party’s Counsel, neither Party’s Counsel shall have the authority or ability to expand the duties, responsibilities or authority of the Claims Administrator beyond those described in this Agreement.
Retention of Claims Administrator. The Named Plaintiffs shall retain a Claims Administrator, which shall be responsible for the claims administration process, distribution to Class Members, withholding and paying applicable taxes, and other duties as provided herein. The Claims Administrator shall sign and be bound by the Protective Order entered in the Action and be required to agree in writing in a form approved by Blue Sky, such approval not to be unreasonably withheld, to treat information it receives or generates as part of the claims administration process as confidential and to use such information solely for the purposes of notice and claims administration, and functions necessarily associated therewith or by this Agreement. The fees and expenses of the Claims Administrator shall be paid exclusively out of the Settlement Fund. In no event shall Blue Sky be separately responsible for fees or expenses of the Claims Administrator.
