Supplemental Payment Amounts. 2 Supplemental Payment Amounts will be calculated on a pro rata basis and will depend 3 on Settlement Class Member participation rate in the Settlement. Upon the close of the claims 4 period, the sum of all unclaimed Base Payment Amounts will be considered the Supplemental 5 Payment Fund. The Supplemental Payment Fund will be apportioned pro rata to each Settlement 6 Class Member who submitted a valid claim, based on the participating Settlement Class 7 Member’s Base Payment Amount. For example, if valid claims total $19 million in Base 8 Payment Amounts (i.e., 50% of the Gross Settlement Fund), then the Supplemental Payment 9 amount of a Settlement Class Member whose Base Payment Amount was $8,273.12 would 10 likewise be $8,273.12 (for a Gross Payment Amount of $16,546.24). Gross Payment Amounts 11 are subject to the deductions described in Section (3). 12 Regardless of Settlement Class Member participation rates, the sum of Base Payment 13 Amounts and Supplemental Payments Amounts will equal the Settlement Fund ($38 million.)
Supplemental Payment Amounts. 2 Supplemental Payment Amounts will be calculated on a pro rata basis and will depend 3 on Settlement Class Member participation rate in the Settlement. Upon the close of the claims 4 period, the sum of all unclaimed Base Payment Amounts will be considered the Supplemental 5 Payment Fund. The Supplemental Payment Fund will be apportioned pro rata to each Settlement 6 Class Member who submitted a valid claim, based on the participating Settlement Class 7 Member’s Base Payment Amount. For example, if valid claims total $207,500,000 million in 8 Base Payment Amounts (i.e., 50% of the Gross Settlement Fund), then the Supplemental 9 Payment amount of a Settlement Class Member whose Base Payment Amount was $8,273.12 10 would likewise be $8,273.12 (for a Gross Payment Amount of $16,546.24). Gross Payment 11 Amounts are subject to the deductions described in Section (3). 12 In the event that a Settlement Payment when initially calculated would exceed a Class 13 Member’s Lifetime Spending Amount, any amount in excess of the Class Member's Lifetime 14 Spending Amount will be distributed pro rata to all Class Members whose Settlement Payment 15 does not exceed their Lifetime Spending Amount. If all Class Members’ Settlement Payments 16 would exceed their Lifetime Spending Amounts, then the remaining Settlement Fund shall be 17 distributed pro rata. For the avoidance of doubt, no Class Member will recover more than their 18 Lifetime Spending Amount unless all Class members do.
Supplemental Payment Amounts. Supplemental Payment Amounts will be calculated on a pro rata basis and will depend on Settlement Class Member participation rate in the Settlement. Upon the close of the claims period, the sum of all unclaimed Base Payment Amounts will be considered the Supplemental Payment Fund. The Supplemental Payment Fund will be apportioned pro rata to each Settlement Class Member who submitted a valid claim, based on the participating Settlement Class Member’s Base Payment Amount. For example, if valid claims total $77.5 million in Base Payment Amounts (i.e., 50% of the Gross Settlement Fund), then the Supplemental Payment amount of a Settlement Class Member whose Base Payment Amount was $8,273.12 would likewise be $8,273.12 (for a Gross Payment Amount of $16,546.24). Alternately, and again if valid claims total $77.5 million in Base Payment Amounts (i.e., 50% of the Gross Settlement Fund), then the Supplemental Payment amount of a Settlement Class Member whose Base Payment Amount was $5,583.87 would likewise be $5,583.87 (for a Gross Payment Amount of $11,167.74). Gross Payment Amounts are subject to the deductions described in Section (3). Regardless of Settlement Class Member participation rates, the sum of Base Payment Amounts and Supplemental Payments Amounts will equal the Settlement Fund ($155 million).
