Adjustment of Settlement Fund. If there are more than two thousand seven hundred fifty-nine (2,759) persons in the Settlement Class, Defendants shall pay into the Escrow Account an additional One Thousand Two Hundred Dollars ($1,200.00) per person in excess of two thousand seven hundred fifty-nine (2,759) on or before the Effective Date.
Adjustment of Settlement Fund. If, following the Class List Determination Date, the Class List increases more than two percent (2%) above KEYper’s original 18,944 estimate (i.e., exceeds 19,322 individuals), the Settlement Fund shall be increased on a pro rata basis of $385 per member of the Settlement Class. By way of example, if the Settlement Class Size after the Class List Determination Date is 20,000 individuals, then the Settlement Fund will be $7,700,000.00. However, if the class size increases by more than 15% the Parties shall return to mediation with Judge Xxxxxx but this Agreement is voidable at the option of either Party. KEYper represents that its class size estimate includes putative class members through June 30, 2022.
Adjustment of Settlement Fund. If the confirmatory discovery shows that there are more than 39,970 potential Damages Settlement Subclass Members, the amount of the Settlement Fund shall increase by sixty-five dollars ($65.00) per Damages Settlement Subclass Member above 39,970.
