Third Distribution. Within thirty (30) days of Defendants having contributed an additional $900,000.00 to the Trust Account pursuant to the timeline set forth in Paragraph 5.1.1, the Settlement Administrator shall distribute said funds on a pro rata basis to Class Members who have submitted a valid claim form and are still owed funds under the Settlement, attorney’s fees, costs and PAGA. If a Participating Class Member failed to cash his or her settlement check from the Second Distribution, the amount of that check shall be included in the Third Distribution and that Class Member shall not receive a check in the Second Distribution.
Third Distribution. In the event any payments made as part of the second distribution have not been cashed within one hundred and eighty (180) calendar days after their issuance, then such uncashed payments, along with any interest accrued by the Settlement Fund, any estimated but unused costs of Settlement Administration and Class Notice, and any other monies received by the Settlement Fund shall be paid on a pro rata basis to Settlement Class Members who have not opted out using the same allocation method set forth in Exhibit A and calculation method set forth in paragraph 4.3(a) but limiting the third distribution to only the Settlement Class Members who have not opted out of the Settlement Class and who have cashed any Class Member settlement payment, less the Defendants’ share of payroll taxes calculated at the actual average tax rate for Class Member Settlement Payments, the total costs of redistribution, and any Supplemental Attorneys’ Fees and/or Supplemental Costs sought by Plaintiffs and awarded by the Court. All payments made in the third distribution shall be treated in accordance with the provisions of sections 4.3(a), (h), (i), and
Third Distribution. 3. All necessary taxes and withholdings will be calculated and implemented by the Administrator of the Settlement Fund.
Third Distribution. After claims subject to the Second Distribution are paid in full, the remaining Net Cash Proceeds distributed shall be paid to the holders of the 13-1/4% Senior Subordinated Claims and applied to the payment of the Interest Claims, until such Interest Claims are paid in full.
Third Distribution. Within fourteen (14) calendar days after the Third Installment Payment Date, the Settlement Administrator shall distribute the Court-approved payments in the following order of priority: (a) the remaining Settlement Administration Costs to the Settlement Administrator; and (b) the remaining attorneys' fees to Class Counsel.
Third Distribution. The third group of Gift Cards shall be mailed ninety (90) days after the mailing of the Second Distribution.
