The Settlement Amount. (as defined in Clause 4.1.1) will be funded by Ageas and by the proceeds from certain insurance policies for the benefit of its (former) directors and officers. The Settlement Amount less such insurance proceeds will be paid by Ageas in order to settle all claims and to be released of any potential liability towards Eligible Shareholders in connection with the Events (if any).
The Settlement Amount. (a) In consideration of all the promises and agreements set forth in this Agreement, the Company will pay the Settlement Amount. No other of the Defendant Released Parties shall have any obligation to contribute financially to this Settlement.
The Settlement Amount. 2.1 Lexmark shall cause its insurers, on behalf of all Defendants, to pay the Settlement Amount of $12,000,000.00 by wire transfer or check sent by overnight mail in accordance with instructions to be provided by the Clerk of the Court within twenty-one (21) calendar days of the entry of an order granting preliminary settlement approval. The Settlement Amount shall be paid by means of check(s) or money order(s) made out to the Clerk of the Court, with a cover letter identifying Lexmark International, Inc. as a Defendant in this Litigation, setting forth the title and civil action number of this Litigation, and the name of the Court, and specifying that payment is made pursuant to the order preliminarily approving the Settlement. The Clerk of the Court shall deposit the funds into an interest bearing account with the XXXX. These funds, together with any interest and income earned thereon shall constitute the Settlement Fund. In accordance with 28 U.S.C. § 1914 and the guidelines set by the Director of the Administrative Office of the United States Courts, the Clerk of the Court is directed, without further order of this Court, to deduct from the income earned on the money in the Settlement Fund a fee equal to ten percent of the income earned on the money in the Settlement Fund. Such fee shall not exceed that authorized by the Judicial Conference of the United States. The Clerk of the Court shall provide to Lead Counsel the monthly statement of interest earned by the Settlement Fund. The Settlement Fund shall be held by the XXXX until further order of the Court, except that prior to the time the Court enters the Judgment, $250,000 may be drawn upon the XXXX account to pay Notice and Administration Expenses. If the entire Settlement Amount is not timely paid to the Clerk of the Court, Lead Counsel may terminate the Settlement but only if: (i) Lead Counsel has notified Defendants’ Counsel in writing of Lead Counsel’s intention to terminate the Settlement; and (ii) the entire Settlement Amount has not been transferred to the Clerk of the Court within ten (10) calendar days after Lead Counsel provides such written notice.
The Settlement Amount. In consideration for the covenants and promises contained herein, Releasors shall receive as full and final settlement the total sum of One Hundred Million U.S. Dollars ($100,000,000.00) (the “Settlement Amount”). In no event shall Releasees be liable for, or pay, pursuant to this Agreement or otherwise, any amount greater than the Settlement Amount. For purposes of further clarification, the Settlement Amount is the gross amount to be received by Releasors and from this amount Releasors are responsible to pay, among other things, all their attorneys’ fees and expenses, their share of any mediator fee, any court costs and Guardian Ad Litem fees, any liens, any subrogated claims relating to the Lawsuit allegations, all fees of the Qualified Settlement Fund Administrator and operation of the Qualified Settlement Fund and taxes owed by the Qualified Settlement Fund, any fees incurred to establish a structured settlement or any other manner in which payments will be disbursed to Releasors.
The Settlement Amount. 2.1 In consideration of the Released Claims and other consideration granted to them in the Settlement, Settling Defendants Xxxx, Xxxxxxx, and Xxxxx shall cause their insurers to pay the Settlement Amount into the Escrow Account no later than seventeen
The Settlement Amount. (a) In consideration of all of the promises and agreements set forth in this Agreement, L3Harris or its insurers will cause a monetary payment to be made in the amount of the Settlement Amount (defined above in Section 1.42 to mean six hundred fifty thousand dollars ($650,000)) to the Escrow Account. None of the other of the L3Harris Releasees shall have any obligation to contribute financially to this Settlement.
The Settlement Amount. 24 a) In consideration of all of the promises and agreements set forth in this 25 Agreement, Safeway and Aon will each pay, or cause to be paid, the Settlement Amount 26 applicable to it, as specified in Section 1.46. None of the other Defendant Released Parties 27 shall have any obligation to contribute financially to this Settlement. It is understood and 28 agreed by the Parties that, by paying the Settlement Amount, Defendants do not agree with 1 or in any way admit, and shall not be deemed to agree with or in any way admit, any of 2 Plaintiffs’ or Class Counsel’s theories regarding Defendants’ liability in the Actions, 3 including that any of Defendants’ prior or existing actions or practices are in violation of any 4 federal or state laws, statutes, or regulations. Prior to the execution of this Agreement, 5 Plaintiffs will provide a completed W-9 and wire instructions and an address for the 6 institution where the Settlement Amount will be paid.
The Settlement Amount. 2.1 OneMain and/or OneMain’s insurers, on behalf of all Defendants, shall pay or cause to be paid the Settlement Amount by wire transfer or check sent by overnight mail in accordance with instructions to be provided by the Escrow Agent within fourteen (14) calendar days of the entry of an order granting preliminary settlement approval. Alternatively, if the entire Settlement Amount is not timely paid to the Escrow Agent, Lead Counsel may terminate the Settlement but only if (i) Lead Counsel have notified Defendants’ Counsel in writing of Lead Counsel’s intention to terminate the Settlement, and (ii) the entire Settlement Amount is not transferred to the Escrow Agent within three (3) calendar days after Lead Counsel have provided such written notice. The Escrow Agent shall deposit the Settlement Amount plus any accrued interest in a segregated escrow account (the “Escrow Account”) maintained by the Escrow Agent. No other Defendant shall be responsible for the Settlement Amount.
The Settlement Amount. 16 (a) In consideration of all of the promises and agreements set forth in this 17 Agreement, the Company will pay the Settlement Amount. None of the other Defendant 18 Released Parties shall have any obligation to contribute financially to this Settlement. It is 19 understood and agreed by the Parties that by paying the Settlement Amount, Defendants 20 do not agree with or in any way admit, and shall not be deemed to agree with or in any 21 way admit, any theories of Plaintiffs or Class Counsel regarding Defendants’ liability in 22 the Action, including, without limitation, that any of Defendants’ prior or existing 23 practices violates any federal or state laws, statutes, or regulations. 24 (b) The Company shall pay the Settlement Amount in two segments, and this 25 funding, in the aggregate, together with any interest and investment earnings thereon, shall 26 constitute the “Settlement Fund.” First, the Company shall cause seventy-five thousand 27 dollars ($75,000) of the Settlement Amount to be deposited by wire transfer into the 28 Escrow Account within fifteen (15) calendar days of the entry of the Preliminary 1 Approval Order to fund any Administration Costs and Independent Fiduciary Fees and 2 Costs that arise before the Court’s entry of the Final Approval Order and Judgment. 3 Second, the Company shall cause the remaining portion of the Settlement Amount to be 4 deposited by wire transfer into the Escrow Account within fifteen (15) calendar days 5 following the Court’s entry of the Final Approval Order and Judgment, subject to the 6 provisions of Section 9.5.
The Settlement Amount. Subject to the terms detailed below and the approval of the Court, it is agreed that the Xxxxx Act Carrier Defendants shall pay the amount of $5,300,000, to be paid in equal amounts by each of the three Xxxxx Act Carrier Groups or their respective designees by depositing such amounts into their respective escrow accounts as set forth in Chapter VIII herein. Each Xxxxx Act Carrier Group shall only be responsible for its own share, equal to one third (1/3) of the Settlement Amount, and shall not be jointly or severally liable for the entire Settlement Amount. Subject to Court approval, said amount will be distributed as of the Effective Date (as defined herein) as follows:
