Establishment of Settlement Fund. (a) A pool of funds (the "Provider Pool") shall be established solely to pay Settled Claims of the Hospital and all other providers which have entered into settlement agreements containing terms similar to those contained in this Agreement. The Provider Pool shall be established in a segregated cash collateral account prior to the Effective Date at a bank mutually acceptable to WellCare and Garfunkel Wild & Xxxxxx, P.C., as counsel to HANYS and NORMET, which bank shall have had no prior dealings with WellCare). The Provider Pool shall not be disbursed except in accordance with this Agreement (or other similar settlement agreement). The Provider Pool account shall contain irrevocable instructions concerning deposits and withdrawals from the Provider Pool, which shall be agreed to by Garfunkel, Wild & Xxxxxx, P.C., as counsel to HANYS and NORMET, and WellCare prior to the Effective Date, and which may be modified only with the prior written approval of both WellCare and Garfunkel, Wild & Xxxxxx, P.C., as counsel to HANYS and NORMET, or at the direction of SID. The Parties recognize and agree that deposits into and payments from the Provider Pool may be subject to audit or review by SID and other regulatory agencies having jurisdiction over WellCare. In addition, HANYS and/or NORMET or their agents or representatives, shall have the right to audit or review the Provider Pool, the cost of the first of which audit or review shall be borne by WellCare and the cost of any and all subsequent audits or reviews shall be borne by HANYS and/or NORMET. The results of such audit or review shall be distributed to all Parties. The Parties agree to cooperate with each other to the extent reasonably necessary to carry out the provisions of this Section 5(a).
Establishment of Settlement Fund. Within thirty (30) days of the entry of the Preliminary Approval Order, Defendant shall cause to be deposited the costs of Notice and Administration through the date of final approval, as estimated by the Settlement Administrator into an account established and administered by the Settlement Administrator at a financial institution agreed upon by the Settlement Administrator, Defendant, and Class Counsel, to cover the Settlement Administrator’s reasonable set-up costs, notice, and early administration costs. Defendant shall cause to be deposited the balance of the Settlement Fund into the same account within ten (10) days of the Effective Date. The Settlement Administrator shall provide wiring instructions and a properly completed and duly executed IRS Form W-9 to Defendant on or before the date of the filing of the motion for preliminary approval.
Establishment of Settlement Fund a. Within twenty-one (21) days of Preliminary Approval, Defendant shall create the Settlement Fund by paying to the Settlement Administrator the total sum of $725,000.00 (Seven Hundred Twenty-Five Thousand Dollars). Provided that this Agreement is finally approved by the Court without material change, material amendment, or material modification, the Settlement Fund will be used to satisfy Approved Claims for Settlement Class Members in exchange for a comprehensive release and the covenants set forth in this Agreement, including, without limitation, a full, fair and complete release of all Released Parties from Released Claims, and dismissal of the Litigation with prejudice.
Establishment of Settlement Fund a. Within fourteen (14) business days of entry of the Final Approval Order, Defendant shall create the Settlement Fund by paying to the Settlement Administrator the total sum of $8,000,000.00 (Eight Million Dollars) less the sum of $150,000.00 (One Hundred and Fifty Thousand Dollars), which shall be paid to the Settlement Administrator for notice and administration expenses within ten (10) business days of the entry of the Preliminary Approval Order.
Establishment of Settlement Fund. Within thirty (30) calendar days after the Court enters the Approval Order, the Defendants shall pay the Settlement Fund to the Settlement Administrator in trust for the Settlement Class Members.
Establishment of Settlement Fund a. Within twenty (20) business days after the Effective Date, Defendant shall pay the total sum of $17,850,000 (Seventeen Million Eight Hundred Fifty Thousand Dollars), less any amounts already advanced by Defendant for Administrative Expenses, to create a Settlement Fund.
Establishment of Settlement Fund a. Within fourteen (14) days of the Effective Date and receipt of Settlement Administrator instructions and a Form W-9 for the Settlement Administrator, Defendants or their insurer(s) shall pay to the Settlement Administrator the total sum of $1,050,000.00 to create a Settlement Fund. Provided that Final Approval of this Agreement is granted by the Court without material change, material amendment, or material modification, the Settlement Fund will be used to satisfy all claims for Settlement Class Members in exchange for a comprehensive release and the covenants set forth in this Agreement, including, without limitation, a full, fair, and complete release of all Released Parties from Released Claims, and dismissal of the Action with prejudice. If the class size fluctuates by more than 1%, the total Settlement Fund will be adjusted up or down on a pro rata basis.
Establishment of Settlement Fund. Experian shall make a payment of twenty- four million dollars ($24,000,000.00) and deposit that payment into the Settlement Fund as follows: (i) Experian shall pay five hundred thousand dollars ($500,000.00) into the Settlement Fund within seven (7) days after the Court enters the Preliminary Approval Order to cover Notice and Administrative Expenses incurred prior to entry of the Final Approval Order and Judgment; and (ii) Experian shall pay an additional twenty-three million five-hundred dollars ($23,500,000.00) into the Settlement Fund within ten (10) days after the Effective Date.
Establishment of Settlement Fund a. Within twenty-one (21) days of Preliminary Approval, Defendant shall create the Settlement Fund by paying to the Settlement Administrator a reasonable estimate of the Administrative Expenses. Within seven (7) days of the Effective Date of this Agreement, Defendant shall pay to the Settlement Administrator the remainder of the Settlement Fund. The foregoing payment obligations are contingent upon receipt of adequate payment instructions and a valid W-9 for the Settlement Fund.
Establishment of Settlement Fund a. Within thirty (30) days of the entry of the Preliminary Approval Order, Defendant shall pay to the Settlement Administrator the total sum of one-hundred and seventeen thousand dollars and 00/100 cents ($117,000.00) to establish the Settlement Fund. Provided that this Agreement is finally approved by the Court without material change, material amendment, or material modification, the Settlement Fund will be used to pay a Service Award to the Class Representative, a Fee Award to Class Counsel, the Administrative Expenses to the Settlement Administrator, and Settlement Shares to Settlement Class Members in exchange for the release and the covenants set forth in this Agreement and the dismissal of the Litigation with prejudice.
