The Settlement Fund. 37. Releasors shall look solely to the Settlement Fund for settlement and satisfaction of all Released Claims against the DENSO Defendants and the Releasees, and shall have no other recovery against the DENSO Defendants or any other Releasee for any Released Claims.
The Settlement Fund. 7.1. The Settlement Fund shall be established as an escrow account and administered by the Escrow Agent, subject to approval by the Court. The Settlement Fund shall be administered pursuant to this Agreement and subject to the Court’s continuing supervision and control. No mon- ies shall be paid from the Settlement Fund without the specific authorization of Bondholder Plain- tiffs’ Counsel. Counsel for the Parties agree to cooperate, in good faith, to form an appropriate escrow agreement in conformance with this Agreement.
The Settlement Fund. 34. The Escrow Account shall be established as a “qualified settlement fund” as defined in Section 1.468B-1(a) of the U.S. Treasury Regulations or other appropriate escrow account as agreed to by the Settling Parties.
The Settlement Fund. 30. After this Agreement becomes final within the meaning of Paragraph 21, the Settlement Fund shall be distributed in accordance with a plan to be submitted to the Court at the appropriate time by Settlement Class Counsel, subject to approval by the Court. In no event shall any Releasee have any responsibility, financial obligation, or liability whatsoever with respect to the investment, distribution, or administration of the Settlement Fund, including, but not limited to, the costs and expenses of such distribution and administration except as expressly otherwise provided in Paragraph 29 of this Agreement.
The Settlement Fund. 25. The Settlement Fund shall at all times be subject to the jurisdiction of the Court. Before the Court issues a final order approving this Agreement, disbursements for reasonable expenses (not including attorneys' fees) associated with the following may be made from the Settlement Fund as directed by Class Counsel: providing notice of the settlement to the Settlement Class, administering the settlement, and any payments and expenses incurred in connection with taxation matters relating to the settlement and this Agreement as addressed by paragraph 30 of this Agreement. Such reasonable expenses shall not be refundable to Southfield in the event the Agreement is disapproved, rescinded, or otherwise fails to become effective. In no event shall Southfield have any liability with respect to the giving of notice of this settlement to Settlement Class members, including, but not limited to, the expense and cost of such notice.
The Settlement Fund. 15 (a) Before the Court issues the final approval order, disbursements for Administration 16 Expenses may be made by Class Counsel from the Settlement Fund as follows. Approval by the 17 Court or Endo shall not be required for payment of Administration Expenses, including the taxes, 18 professional fees and other expenses related to maintaining the Escrow Account, for amounts of 19 less than $500,000 in the aggregate, although upon Xxxx’s request Class Counsel will identify 20 any such payments. Disbursements from the Settlement Fund that would equal or exceed 21 $500,000 in the aggregate may be made only with prior approval of Endo or the Court. If the 22 Settlement Agreement is disapproved, terminated, or fails to become effective, previously 23 disbursed Administration Expenses shall not be refunded to Endo.
The Settlement Fund a. Before the Court issues the Final Approval Order, disbursements for reasonable expenses, including expenses associated with providing notice of the Settlement to the Settlement Class, expenses associated with administering the Settlement, and expenses associated with developing a plan of allocation of the Settlement Fund to those who submit valid and timely claims, and any payments and expenses incurred in connection with taxation matters prior to or after the Effective Date may be made without court order up to a total of $150,000; all Administration Expenses incurred or owed by Settlement Class Counsel in excess of this amount whether before or after the Effective Date, shall be borne by Settlement Class Counsel, who may be repaid from the Settlement Fund, or may seek to have outstanding invoices paid from the Settlement Fund, after the Effective Date upon Court approval. In the event the Settlement Agreement is disapproved, terminated, or otherwise fails to become effective, the Settlement Fund shall be refunded to Settling Defendant plus interest earned (net of any taxes paid on such interest), minus Administration Expenses not to exceed $150,000. Court approval shall not be required for disbursements for Administration Expenses for amounts (in the aggregate) of less than $150,000. Otherwise, no disbursement from or distribution of the Settlement Fund shall be made without prior approval of the Court.
The Settlement Fund. 3.1 Camping World shall cause Twelve Million, Five Hundred Thousand Dollars ($12,500,000.00) to be transferred to an account controlled by the Escrow Agent within twenty (20) business days after the later of (a) entry of the order granting the motion for preliminary approval or
The Settlement Fund. 6.1 Class Counsel will establish an interest-bearing escrow account to serve as the Settlement Fund at Huntington Bancshares, Inc. or another financial institution approved by Class Counsel and Hometrust’s Counsel, which shall be maintained pursuant to Treasury Regulation § 1.468B-1, et seq.
The Settlement Fund. 37. Releasors’ sole recourse for settlement and satisfaction against the Releasees of all Released Claims is against the Settlement Fund, and Releasors shall have no other recovery against Aisan or any other Releasee as to the Released Claims.
