Settlement Payments to Class Members Sample Clauses

Settlement Payments to Class Members. After all payments are made out of the Gross Cash Fund for the items listed in Section 2.1(a)-(c) of this Settlement Agreement, the Net Cash Fund shall be distributed to Authorized Claimants. To be eligible for a Settlement Payment from the Net Cash Fund, a Class Member must submit a Claim Form signed under penalty of perjury stating, among other things, that he/she did not knowingly authorize his/her enrollment in the Membership Program(s) for which he/she was charged and did not take advantage of any of the benefits of the Membership Program(s) other than the dollar-off-code for a future Provide Commerce website purchase. Only Class Members who were actually enrolled in a Membership Program and were charged at least the activation fee and one monthly membership fee are eligible to receive a Settlement Payment from the Net Cash Fund. No Class Member will be entitled to receive a Settlement Payment from the Net Cash Fund to the extent he/she already received a refund or chargeback of the monthly membership fees he/she paid or to the extent he/she was enrolled but was not charged a monthly membership fee at all. Class Members who used or requested a benefit, directory, or other service provided through any of the Membership Programs other than the dollar-off-code for a future Provide Commerce website purchase (including, but not limited to, cash back on gift cards, travel and/or leisure discounts, discounted movie or theme park tickets or free concierge services), are not eligible to receive a Settlement Payment from the Net Cash Fund. The amount to be received by an Authorized Claimant will depend upon the number of claims submitted and dollar value of such claims, and shall be up to, but not more than, the amount of monthly fees the Authorized Claimant paid for Membership Program(s) less any full or partial refund the Authorized Claimant previously received. Depending upon the number of claims received and the dollar value of such claims, the Net Settlement Fund may be sufficient to pay all Authorized Claimants for the full amount of their claims. If the claims submitted exceed in dollar amount the amount of the Net Cash Fund, Authorized Claimants’ payments will be reduced on a pro-rated basis, such that the total number and dollar value of all Authorized Claimants’ claims shall not exceed the amount of the Net Cash Fund. If the Court approves the Settlement of this Action, Defendants, through the Claims Administrator, must mail the Settlement Payments fr...
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Settlement Payments to Class Members. 6.2.1. Class Members may submit one claim per Class Member to receive by electronic payment a potential pro rata distribution of the Settlement Fund remaining after payment of Notice Plan and administration expenses, taxes, any Fee Award, and any Incentive Awards.
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Settlement Payments to Class Members. Each settlement class member who submitted a valid and timely claim form will receive compensation as set forth in the Agreement. Each settlement check will be void one-hundred twenty days after issuance.
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Settlement Payments to Class Members. The allocation to Class Members who submit timely and valid Claim and Opt-In Forms will be made from the Net Settlement Fund. The Net Settlement Fund, as defined above, is calculated as $3,242,000.00. The proportionate share of the Net Settlement Fund for each Class Member who submits a timely and valid Claim and Opt-In Form will be determined by Class Counsel pursuant to the following formula:
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Settlement Payments to Class Members. The second form of distribution shall consist of cash Settlement Payments to Authorized Claimants. Class Members will recover through a claims made process. The amount of each Class Member’s potential recovery will be determined by a formula so that the aggregate recovery for all Class Members equals the amount of the Settlement Consideration less any Enhancements, as set forth above, Class Counsel’s Fee Award (including costs) as set forth in Section VIII.K below, the 5% contingency amount, and any excess Administrative Costs above $50,000 not satisfied from the 5% contingency and any PROPOSED STIPULATION OF SETTLEMENT unclaimed settlement funds (to be deducted in accordance with Section VIII.H.2, below). Applying the formula, Store Managers (including Coaching Store Managers) will be awarded approximately $118.40 for each week worked during the Class Period; Senior Assistant Managers will be awarded approximately $95.94 for each week worked during the Class Period; and Assistant Managers will be awarded approximately $68.60 for each week worked during the Class Period. Amounts paid to Class Members for partial weeks worked will be prorated based on a five-day work week. Any amounts not claimed by Class Members shall remain the property of AnnTaylor in accordance with Section IV of this Stipulation. AnnTaylor will provide the Settlement Administrator with sufficient information to make its calculations to comply with these distributional requirements. Where necessary due to any gap in the records, the data necessary to perform the foregoing calculations will be extrapolated from AnnTaylor’s existing data. AnnTaylor certifies that the data and estimates previously provided to and used by Plaintiffs’ counsel to prepare the distribution formulas are accurate to the best of its knowledge based on available company records.
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Settlement Payments to Class Members. 4 2. Notice costs, claims administration costs (including the costs of identifying 5 Class Members), and taxes or tax administration costs related to interest earned on the 6 Settlement Funds (collectively, the “Administration Costs”);
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Settlement Payments to Class Members. Each settlement class member who has submitted a valid and timely claim form will receive compensation as set forth in the Agreement. Each settlement check will be void one-hundred twenty days after issuance. The settlement class members were given an opportunity to object to the settlement. settlement class members objected to the settlement or the requests for attorneys’ fees, costs, expenses, or an incentive award. settlement class members made a valid and timely request for exclusion. This order is binding on all settlement class members, except the following individuals who made valid and timely requests for exclusion: • [names]; Plaintiff, settlement class members, and their successors and assigns are permanently barred from pursuing, either individually or as a class, or in any other capacity, any of the released claims against any of the released parties, as set forth in the Agreement. Pursuant to the release contained in the Agreement, the released claims are compromised, settled, released, and discharged, by virtue of these proceedings and this order. This final order and judgment bars and permanently enjoins Plaintiff and all members of the settlement class from (a) filing, commencing, prosecuting, intervening in or participating as a plaintiff, claimant or class member in any other lawsuit, arbitration or individual or class action proceeding in any jurisdiction (including by seeking to amend a pending complaint to include class allegations or seeking class certification in a pending action), asserting the released claims, and
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Settlement Payments to Class Members. Each settlement class member who has submitted a valid and timely claim form will receive compensation as set forth in the Agreement. Each settlement check will be void one-hundred twenty days after issuance. The settlement class members were given an opportunity to object to the settlement. settlement class members objected to the settlement. settlement class members made a valid and timely request for exclusion. This order is binding on all settlement class members, except the following individuals who made valid and timely requests for exclusion: . Plaintiff, settlement class members, and their successors and assigns are permanently barred from pursuing, either individually or as a class, or in any other capacity, any of the released claims against any of the released parties, as set forth in the Agreement. Pursuant to the release contained in the Agreement, the released claims are compromised, settled, released, and discharged, by virtue of these proceedings and this order. This final order and judgment bars and permanently enjoins Plaintiff and all members of the settlement classes from (a) filing, commencing, prosecuting, intervening in or participating as a plaintiff, claimant or class member in any other lawsuit, arbitration or individual or class action proceeding in any jurisdiction (including by seeking to amend a pending complaint to include class allegations or seeking class certification in a pending action), relating to the released claims, and
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Related to Settlement Payments to Class Members

  • Settlement Class In the event of such dispute, the party raising the dispute shall be limited to seeking declaratory relief, and to no other form of relief. The declaratory relief available as to any such dispute shall be limited to deciding whether (y) the putative buying group is a properly organized bona fide buying group that complies with the requirements of this Paragraph, and/or (z) whether MasterCard negotiated in good faith with the putative buying group. The parties, including all members of the Rule 23(b)(2) Settlement Class, waive all rights to appeal from any such determinations. Upon resolution of the dispute by the Court, the losing party shall be responsible for all attorneys’ fees and expenses of the prevailing party unless the Court determines that the circumstances make such an award unjust.

  • Settlement Payments On the first Business Day of each month ("Interest Settlement Date"), Collateral Agent will advise each Lender by telephone, fax or telecopy of the amount of such Lender's share of interest and fees on each of the Loans as of the end of the last day of the immediately preceding month. Provided that such Lender has made all payments required to be made by it under this Agreement, Collateral Agent will pay to such Lender, by wire transfer to such Lender's account (as specified by such Lender on the signature page of this Agreement or the applicable Assignment and Acceptance Agreement, as amended by such Lender from time to time after the date hereof or in the applicable Assignment and Acceptance Agreement) not later than 3:00 p.m. Chicago time on the next Business Day following the Interest Settlement Date, such Lender's share of interest and fees on each of the Loans. Such Lender's share of interest on each Loan will be calculated for that Loan by adding together the Daily Interest Amounts for each calendar day of the prior month for that Loan and multiplying the total thereof by the Interest Ratio for that Loan. Such Lender's share of the Unused Line Fee described in subsection 2.3(A) shall be an amount equal to (a)(i) such Lender's average Revolving Loan Commitment during such month, less (ii) the sum of (x) such Lender's average Daily Loan Balance of the Revolving Loans, plus (y) such Lender's Pro Rata Share of the average daily aggregate amount of Letter of Credit Reserve, in each case for the preceding month, multiplied by (b) the percentage required by subsection 2.3(A). Such Lender's share of all other fees paid to Collateral Agent for the benefit of Lenders hereunder shall be paid and calculated based on such Lender's Commitment with respect to the Loans on which such fees are associated. To the extent Collateral Agent does not receive the total amount of any fee owing by Borrowers under this Agreement, each amount payable by Collateral Agent to a Lender under this subsection 9.8(A)(4) with respect to such fee shall be reduced on a pro rata basis. The Collateral Agent and the Lenders hereby acknowledge and agree that in no event shall the aggregate fee payments received by such Lenders pursuant to this subsection 9.8(A)(4) exceed the total amount of fees pursuant to subsection 2.3.

  • Settlement Class Certification 41. For the purposes of the Settlement only, the Parties stipulate and agree that: (1) the Class shall be certified in accordance with the definition contained in Paragraph 43, below; (2) Plaintiff shall represent the Class for settlement purposes and shall be the Class Representative; and (3) Plaintiff’s Counsel shall be appointed as Class Counsel.

  • Notice to Class Members 8.4.1 No later than three (3) business days after receipt of the Class Data, the Administrator shall notify Class Counsel that the list has been received and state the number of Class Members, PAGA Members, Workweeks, and Pay Periods in the Class Data.

  • Settlement Payment If the resulting net amount is positive, it shall be payable by the Defaulting Party to the Non-Defaulting Party, and if it is negative, then the absolute value of such amount shall be payable by the Non-Defaulting Party to the Defaulting Party.

  • Rollovers of Settlement Payments From Bankrupt Airlines If you are a qualified airline employee who has received a qualified airline settlement payment from a commercial airline carrier under the approval of an order of a federal bankruptcy court in a case filed after September 11, 2001, and before January 1, 2007, you are allowed to roll over any portion of the proceeds into your Xxxx XXX within 180 days after receipt of such amount, or by a later date if extended by federal law. For further detailed information and effective dates you may obtain IRS Publication 590-A, Contributions to Individual Retirement Arrangements (IRAs), from the IRS or refer to the IRS website at xxx.xxx.xxx.

  • Payment of Settlement Amount (1) Within thirty (30) days of the Date of Execution, the Settling Defendants shall pay the Settlement Amount to Siskinds LLP, for deposit into the Trust Account.

  • Net Out of Settlement Amounts The Non-Defaulting Party will aggregate all Settlement Amounts into a single amount by netting out (a) all amounts that are due to the Defaulting Party for Product that has been Delivered and not yet paid for, plus, at the option of the Non-Defaulting Party, any cash, security or other Performance Assurance then available to the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Agreement against (b) all Settlement Amounts that are due to the Non-Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement, so that all such amounts will be netted out to a single liquidated amount (the “Termination Payment”) payable by the Defaulting Party. The Termination Payment, if any, is due from the Defaulting Party to the Non-Defaulting Party within two Business Days following notice.

  • Distributions Statements to Certificateholders 29 Section 4.01. Certificate Account and Special Payments Account...................................... 29 Section 4.02. Distributions from Certificate Account and Special Payments Account................... 29 Section 4.03. Statements to Certificateholders...................................................... 31 Section 4.04. Investment of Special Payment Moneys.................................................. 32

  • Full Settlement; Legal Fees The Company's obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any set-off, counterclaim, recoupment, defense or other claim, right or action which the Company may have against the Executive or others. In no event shall the Executive be obligated to seek other employment or take any other action by way of mitigation of the amounts payable to the Executive under any of the provisions of this Agreement and except as specifically provided in Section 6(a)(ii), such amounts shall not be reduced whether or not the Executive obtains other employment. The Company agrees to pay as incurred, to the full extent permitted by law, all legal fees and expenses which the Executive may reasonably incur as a result of any contest (regardless of the outcome thereof) by the Company, the Executive or others of the validity or enforceability of, or liability or entitlement under, any provision of this Agreement or any guarantee of performance thereof (whether such contest is between the Company and the Executive or between either of them and any third party, and including as a result of any contest by the Executive about the amount of any payment pursuant to this Agreement), plus in each case interest on any delayed payment at 120% of the applicable Federal rate (that applies to the time period of the delay) provided for in Section 7872(f)(2)(A) of the Internal Revenue Code of 1986, as amended (the "Code"), compounded annually.

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