To Settlement Class Members Sample Clauses

To Settlement Class Members. The Settlement Administrator will pay Settlement Class Members pursuant to the Claims Process and Distribution Plan set forth below in Paragraph 3.4. All payments to Settlement Class Members shall be made from the Settlement Fund.
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To Settlement Class Members. 59. The IPEX Funding Entities shall fund a settlement of US $125,000,000.00 to be held in escrow and trust and thereafter distributed in a manner created by Class Counsel and approved by the Courts that grant the Preliminary Approval Orders and the Final Orders and Judgments as part of the Claims Process, including payments of claims to be determined by an independent Claims Administrator to be appointed by the Courts as contemplated in paragraph 67. Consistent with the terms of this Agreement, the IPEX Funding Entities shall deposit the US $125,000,000.00 into a Settlement Fund to be held in escrow and trust, up to US $100,000,000.00 of which may be used to compensate the Settlement Classes, the cost of administration and notice, and up to US $25,000,000.00 of which may be used to pay any award of attorneys’ fees and costs, as ordered by the Courts. Accordingly, within 15 business days from entry of the last of the Preliminary Approval Orders, the IPEX Funding Entities shall pay into the settlement account established by this Agreement the sum of US $125,000,000.00.
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To Settlement Class Members whose Settlement Claims the Settlement Administrator preliminary determines meet the eligibility criteria of the Agreement, the Settlement Administrator will, after the Effective Date, send a Notice of Approved Claim in the form attached hereto as Exhibit H. The Notice of Approved Claim will direct the Settlement Class Member to contact Pella’s Customer Service Department at (000) 000-0000 for information regarding possible benefits under the product warranty and the ProLine Service Enhancement Program, and any cash benefits, if applicable. Pella will administer its product warranty and the PSEP in their normal course, including the ability to reject claims for damages not covered by the Warranty or the PSEP. Cash benefits, if any, will be determined under the terms of this Agreement. After all such claims have been processed and paid, if applicable, Pella Corporation, through its counsel, will provide Lead Class Counsel a report of claims applied for and claims paid under this provision.
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Related to To Settlement Class Members

  • Settlement Class 2. Pursuant to Rule 23(e)(1)(B)(ii) of the Federal Rules of Civil Procedure, the Court preliminarily finds that the Court will likely find that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) have been satisfied for settlement and judgment purposes only. As to the requirements of Rule 23(a) for settlement purposes only, (i) the Settlement Class provisionally certified herein likely exceeds 100,000 individuals, and joinder of all would be impracticable; (ii) there are questions of law and fact common to the Settlement Class; (iii) Class Representatives’ claims are typical of the claims of the Settlement Class they seek to represent for purposes of settlement; and (iv) Class Representatives are adequate representatives of the Settlement Class. As to the requirements of Rule 23(b)(3) for settlement purposes only, questions of law and fact common to the Settlement Class predominate over any questions affecting any individual Settlement Class Member, and a class action on behalf of the Settlement Class is superior to other available means of settling and disposing of this dispute.

  • Settlement Class Certification The Settling Parties agree, for purposes of this settlement only, to the certification of the Settlement Class. If the settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement, and the certification of the Settlement Class provided for herein, will be vacated and the Litigation shall proceed as though the Settlement Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Settlement Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case or action, as to which all of their rights are specifically preserved.

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