Common use of Subsequent Distributions Clause in Contracts

Subsequent Distributions. If, after the expiration date of the checks distributed pursuant to Section XI.2 above, there remains money in the Settlement Fund sufficient to pay for the cost to send subsequent checks to each Settlement Class Member who cashed his or her initial Settlement Award check, such remaining monies will be distributed on a pro rata basis to those Settlement Class Members who cashed his or her initial Settlement Award check (the “Subsequent Distribution”). The Subsequent Distribution shall be made within ninety (90) days after the expiration date of the checks distributed pursuant to Section XI.2 above, and shall be paid in the same manner as the original Settlement Award. Checks issued pursuant to the Subsequent Distribution will be valid for one-hundred twenty (120) days from the date on the check. This process shall be repeated to the extent feasible and practical in light of the costs of administering such subsequent payments based on the judgment of Class Counsel and counsel for Walmart, unless other specific reasons exist that would make such further distribution impossible or unfair. In the event the costs of preparing, transmitting and administering such subsequent payments are not feasible and practical to make individual distributions or other specific reasons exist that would make such further distributions impossible or unfair, Class Counsel and counsel for Walmart shall file recommendations with the Court for distribution of the residual funds. The Court shall have the discretion to approve, deny, amend or modify, in whole or in part, the proposed recommendations for distribution of the residual funds. The Parties agree that any residual funds shall not be used for any litigation purpose or to disparage any Party. The Parties further agree that the Court’s approval, denial, amendment, or modification, in whole or in part, of the recommendations for distribution of the residual funds pursuant to this paragraph shall not constitute grounds for termination of the Settlement pursuant to this Agreement. All costs associated with the disposition of residual funds – whether through additional distributions to Claimants and/or through an alternative plan approved by the Court – shall be borne solely by the Settlement Fund. Under no circumstances shall Walmart be responsible for any costs associated with the disposition of residual funds, whether through additional distributions to Claimants or through an alternative plan approved by the Court.

Subsequent Distributions. If, after the expiration date of the checks distributed pursuant to Section XI.2 above, there remains money in the Settlement Fund sufficient to pay for the cost to send subsequent checks to each Settlement Class Member who cashed his or her initial Settlement Award check, such remaining monies will be distributed on a pro rata basis to those Settlement Class Members who cashed his or her initial Settlement Award check (the “Subsequent Distribution”). The Subsequent Distribution shall be made within ninety (90) days after the expiration date of the checks distributed pursuant to Section XI.2 above, and shall be paid in the same manner as the original Settlement Award. Checks issued pursuant to the Subsequent Distribution will be valid for one-hundred twenty (120) days from the date on the check. This process shall be repeated to the extent feasible and practical in light of the costs of administering such subsequent payments based on the judgment of Class Counsel and counsel for WalmartDefendants, unless other specific reasons exist that would make such further distribution impossible or unfair. In the event the costs of preparing, transmitting transmitting, and administering such subsequent payments are not feasible and practical to make individual distributions or other specific reasons exist that would make such further distributions impossible or unfair, Class Counsel and counsel for Walmart Defendants shall file recommendations with the Court for distribution of the residual funds. The Court shall have the discretion to approve, deny, amend amend, or modify, in whole or in part, the proposed recommendations for distribution of the residual funds. The Parties agree that any residual funds shall not be used for any litigation purpose or to disparage any Party. The Parties further agree that the Court’s approval, denial, amendment, or modification, in whole or in part, of the recommendations for distribution of the residual funds pursuant to this paragraph shall not constitute grounds for termination of the Settlement pursuant to this Agreement. All costs associated with the disposition of residual funds – funds—whether through additional distributions to Claimants and/or through an alternative plan approved by the Court – Court—shall be borne solely by the Settlement Fund. Under no circumstances shall Walmart Defendants be responsible for any costs associated with the disposition of residual funds, whether through additional distributions to Claimants or through an alternative plan approved by the Court.

Subsequent Distributions. If, after The Retained Escrow Amount shall only be distributed by the expiration date of the checks distributed Escrow Agent pursuant to Section XI.2 above(b) Joint Instructions or (c) a final written non-appealable order issued by a court of competent jurisdiction with respect to any Continuing Claim. Upon the final resolution of any Continuing Claim, there remains money in the Settlement Fund sufficient or if court proceedings shall not have been commenced with respect to pay for the cost to send subsequent checks to each Settlement Class Member who cashed his or her initial Settlement Award check, such remaining monies will be distributed on a pro rata basis to those Settlement Class Members who cashed his or her initial Settlement Award check (the “Subsequent Distribution”). The Subsequent Distribution shall be made Continuing Claim within ninety (90) days after the expiration date the Claim Notice in respect of such Claim was delivered to the Escrow Agent, Regency and Member shall promptly execute Joint Instructions instructing the Escrow Agent to release and disburse the portion of the checks distributed pursuant Retained Escrow Amount applicable to Section XI.2 above, and shall be paid such Continuing Claim in accordance with such final resolution or as if such Claim Notice had been withdrawn (in the same manner as case of a failure to commence proceedings). If the original Settlement Award. Checks issued pursuant to the Subsequent Distribution will be valid for one-hundred twenty (120) days from the date on the check. This process shall be repeated to the extent feasible and practical in light portion of the costs Retained Escrow Amount in respect of administering any Continuing Claim exceeds the Damages relating to such subsequent payments based on Continuing Claim, Regency and Member shall promptly execute Joint Instructions instructing the judgment of Class Counsel Escrow Agent to release and counsel for Walmart, unless other specific reasons exist that would make such further distribution impossible or unfair. In disburse the event the costs of preparing, transmitting and administering such subsequent payments are not feasible and practical to make individual distributions or other specific reasons exist that would make such further distributions impossible or unfair, Class Counsel and counsel for Walmart shall file recommendations with the Court for distribution excess portion of the residual fundsRetained Escrow Amount applicable to such Continuing Claim. The Court At the end of each calendar quarter, during the pendency of any Continuing Claims, Regency shall have provide Member with a written update in which Regency shall set forth (i) whether any Continuing Claim has been finally resolved, (ii) a brief description of the discretion status of each Continuing Claim as of such date, (iii) the amount of Damages applicable to approveeach Continuing Claim and (iv) whether the funds known by Regency to be remaining in the Escrow Account in respect of any Continuing Claim represent any amount in excess of the then currently anticipated Damages relating to such Continuing Claim. Upon the final resolution of all Continuing Claims, deny, amend or modifyRegency and Member shall promptly execute Joint Instructions instructing the Escrow Agent to release and disburse any remaining Escrow Funds, in whole or in part, the proposed recommendations for distribution excess of the residual funds. The Parties agree that any residual funds shall not be used for any litigation purpose Damages relating to such Continuing Claim to which a Regency Indemnitee is entitled and which have been distributed or otherwise paid to disparage any Party. The Parties further agree that the Court’s approvalsuch Regency Indemnitee, denial, amendment, or modification, in whole or in part, of the recommendations for distribution of the residual funds pursuant to this paragraph shall not constitute grounds for termination of the Settlement pursuant to this Agreement. All costs associated with the disposition of residual funds – whether through additional distributions to Claimants and/or through an alternative plan approved by the Court – shall be borne solely by the Settlement Fund. Under no circumstances shall Walmart be responsible for any costs associated with the disposition of residual funds, whether through additional distributions to Claimants or through an alternative plan approved by the CourtMember.