Special Master. “Special Master” shall be the person appointed by the Court as provided in paragraph E.1.a.
Special Master. Upon Final Approval, the Parties shall request that the Court appoint a Rule 53 Special Master, who shall have only the duties referenced in this Agreement when so designated by the Court. The Special Master shall only be involved in taking certain actions or making certain determinations in connection with the distribution of the Accounting/Trust Administration Fund and eligibility of individuals to participate as Class Members. The Special Master shall have no role regarding the distribution of the Trust Land Consolidation Fund. The Special Master shall also have no role in resolving any disputes between
Special Master. A special master will administer the Backstop Fund, including overseeing any distribution, evaluating the requests of Counsel for payment, and determining the appropriate amount of any payment from the Backstop Fund. The special master will be selected jointly by the Minnesota Attorney General and the Hennepin County Attorney, and will be one of the following individuals: Xxx. Xxxxxxx Xxxxx, Xxx. Xxxxx Xxxxxxxxx; or Xxx. Xxxx Van de North. The special master will be compensated from the Backstop Fund. In the event that a successor special master is needed, the Minnesota Attorney General and the Hennepin County Attorney will jointly select the successor special master from the above-listed individuals. If none of the above-listed individuals is available to serve as the successor special master, then the Minnesota Attorney General and the Hennepin County Attorney will jointly select a successor special master from a list of individuals that is agreed upon between the Minnesota Attorney General, the Hennepin County Attorney, and Counsel.
Special Master. A request for interim measures addressed by a party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. If the AAA is directed by a judicial authority to nominate a special master to consider and report on an application for emergency relief, the AAA shall proceed as provided in Section O-1 of this article and the references to the emergency arbitrator shall be read to mean the special master, except that the special master shall issue a report rather than an interim award.
Special Master. The Special Master shall serve as a member of the Finance Committee, as specified at Section 4.08(a). At the request of the Debtor’s Representatives or the Claimants’ Advisory Committee and with the agreement of both the Debtor’s Representatives and the Claimants’ Advisory Committee, the Special Master or Appeals Judge may consult with and assist the Claims Administrator for the purpose of ensuring and facilitating an efficient and fair operation of the Settlement Facility consistent with the terms of this Settlement Facility Agreement. The Special Master or Appeals Judge shall be compensated at a reasonable rate established by the District Court for such services. ARTICLE V PRINCIPLES/REQUIREMENTS FOR RESOLUTION OF CLAIMS OF SETTLING PERSONAL INJURY CLAIMANTS/IMPLEMENTATION OF CLAIMS RESOLUTION PROCEDURES
Special Master. As provided in section 5.02(a)(3) of this Agreement, a Special Master shall be appointed to assist the District Court in the administration of Opt Out litigation. The initial Special Master shall be Xxxxxxx XxXxxxxx. The Special Master shall make reasonable recommendations which shall ensure that the Litigation Fund is sufficient to resolve all of the Litigation Facility Obligations, the costs of defense, and the costs of administering the Litigation Facility. The Special Master shall be responsible for implementing the Case Management Orders so as to achieve these goals. The Special Master shall be replaced for cause upon motion by the Manager, the Debtor or any party to the Opt Out Claims. In the event that the Special Master is replaced, resigns or is otherwise unable to fulfill his responsibilities, the District Court shall develop procedures for the selection of a new Special Master and shall thereafter designate a new Special Master. The compensation of the Special Master shall be set by the District Court and paid by the Claims Administrator from the Litigation Fund. The Special Master (with District Court approval) will review and, applying customary standards of reasonableness, approve all requests for payment of defense costs or the Manager’s budget relating to the administrative costs, including defense costs, of the Litigation Facility. In determining whether or to what extent to approve such costs or such budgets, the Special Master shall provide reasonable assurances that the total costs over the life of the Litigation Facility bear a reasonable relationship to the aggregate Litigation Fund and the preservation of that fund for paying Opt-Out Claims. The Special Master, in reviewing requests for payment of costs, may, upon application, pay an enhanced fee if justified in the Special Masters’ sole discretion on the basis of the efficient, expeditious, and economical resolution of cases without the necessity of litigation, or may pay a lower fee if the Special Master believes that the Litigation Facility or the lawyers have failed to expeditiously, efficiently and economically resolve claims without resort to litigation.
Special Master. The individual or entity appointed by the Court in the Federal Litigation and the State Litigation pursuant to ¶ 3.b. of this Agreement, who shall have the duties described in Exhibits K and L to this Agreement. State Litigation – The consolidated cases currently styled Xxxxxxx X. Xxxxx, et al., v Macatawa Bank and Macatawa Bank Corp., Kent County Circuit Court Case No. 06-11707-CZ, pending in the Kent County Circuit Court, Grand Rapids, Michigan. Third- Party/Counter-defendants – Brokers (also known as Sales Associates) who sold Trade Partners, Inc.‘s investments to Plaintiffs, and others who received commissions from Trade Partners, Inc. The Third-Party/Counter-defendants in the Entire Action are listed on Exhibit B to this Agreement. Warrants – Warrants to purchase common stock of Macatawa Bank Corp., as more fully described in ¶ 3.a.iv. of the Agreement.