Administration and Calculation of Claims, Final Awards, and Supervision and Distribution of the Settlement Fund. 5.1 The Claims Administrator, subject to such supervision and direction of Lead Counsel, and as may be necessary or as circumstances may require, the Court, shall administer and calculate the claims submitted by Class Members and shall oversee distribution of the Net Settlement Fund to Authorized Claimants.
5.2 The Settlement Fund shall be applied as follows:
(a) to pay all Notice and Administration Expenses;
(b) to pay the Taxes and Tax Expenses described in ¶2.8 hereof;
(c) to pay attorneys’ fees and expenses of Lead Counsel (the “Fee and Expense Award”), and to pay Lead Plaintiff an award pursuant to 15 U.S.C. § 78u-4(a)(4), if and to the extent allowed by the Court; and
(d) after the Effective Date, to distribute the Net Settlement Fund to Authorized Claimants as allowed by the Stipulation, the Plan of Allocation, or the Court.
5.3 After the Effective Date, and in accordance with the terms of the Stipulation, the Plan of Allocation, or such further approval and further order(s) of the Court as may be necessary or as circumstances may require, the Net Settlement Fund shall be distributed to Authorized Claimants, subject to and in accordance with the following.
5.4 Within ninety (90) calendar days after the mailing of the Notice or such other time as may be set by the Court, each Person claiming to be an Authorized Claimant shall be required to submit to the Claims Administrator a completed Proof of Claim, substantially in the form of Exhibit A-2 attached hereto, signed under penalty of perjury and supported by such documents as are specified therein. Any Person who files a Proof of Claim shall reasonably cooperate with the Claims Administrator, including by promptly responding to any inquiry made by the Claims Administrator.
5.5 All Members of the Class (except Persons who request exclusion) shall be bound by all determinations and judgments in the Litigation concerning the Settlement, including, but not limited to, the releases provided for therein, whether favorable or unfavorable to the Class, regardless of whether such Persons seek or obtain by any means, including, without limitation, by submitting a Proof of Claim and Release form or any similar document, any distribution from the Settlement Fund or the Net Settlement Fund.
5.6 Lead Counsel shall cause to be provided to Defendants’ Counsel copies of all Requests for Exclusion, and any written revocation of Requests for Exclusion, as expeditiously as possible and in any event no later than fourteen...
Administration and Calculation of Claims, Final Awards, and Supervision and Distribution of the Settlement Fund. 6.1 The Claims Administrator shall administer and calculate the claims submitted by Settlement Class Members and shall oversee distribution of the Net Settlement Fund (as defined below) to Authorized Claimants. Defendants, Defendants’ Counsel and the other Released Defendants’ Parties shall have no liability, obligation or responsibility for the administration or the distribution of the Net Settlement Fund.
6.2 The Settlement Fund shall be applied as follows:
(a) to pay the Taxes and Tax Expenses described in ¶2.8 above; 1 (b) to pay all the costs and expenses reasonably and actually incurred in connection 2 with providing notice, locating Settlement Class Members, soliciting claims, assisting with the filing 3 of claims, administering and distributing the Net Settlement Fund to Authorized Claimants, 4 processing Proofs of Claim and paying escrow fees and costs, if any; 5 (c) to pay Plaintiffs’ Counsel’s attorneys’ fees and expenses with interest thereon, 6 as provided in ¶7.2 (the “Fee and Expense Award”), and any award to Plaintiffs pursuant to 15 U.S.C. 7 §77z-1(a)(4) in connection with their representation of the Settlement Class, to the extent ordered by 8 the Court; and
Administration and Calculation of Claims, Final Awards, and Supervision and Distribution of the Settlement Fund. 8.1. The Claims Administrator, subject to such supervision and direction of the Court or Lead Counsel, shall provide notice of the Settlement to the Class, shall administer and calculate the claims submitted by Settlement Class Members pursuant to the Plan of Allocation, and shall oversee distribution of the Net Settlement Fund to Authorized Claimants. In no case shall notice of settlement include the logos of Alcon or the products it sells, disparage Alcon, or otherwise suggest that the settlement is an admission of liability or damages.
8.2. The Notice and Proof of Claim and Release Form shall also be posted on the Claims Administrator’s website. In accordance with the schedule to be approved by the Court, the Summary Notice will be distributed by means approved by the Court. The cost of providing such notice shall be paid out of the Settlement Fund and not by Alcon.
8.3. The Settlement Fund shall be applied as follows:
8.3.1. to pay all Class Notice and Administration Expenses;
8.3.2. to pay the Taxes and Tax Expenses;
8.3.3. to pay the Fee and Expense Award subject to the approval of the Court;
8.3.4. to pay any Plaintiffs’ Service Award subject to the approval of the Court; and
8.3.5. after the Effective Date, to distribute the Net Settlement Fund to Authorized Claimants pursuant to the Stipulation and the Plan of Allocation, as approved by the Court.
8.4. Upon the Effective Date and thereafter, and in accordance with the terms of the Stipulation, the Plan of Allocation, or such further approval and further order(s) of the Court as may be necessary or as circumstances may require, the Net Settlement Fund shall be distributed to Authorized Claimants, subject to and in accordance with the following.
8.5. Each Person claiming to be an Authorized Claimant shall be required to submit to the Claims Administrator a completed Proof of Claim and Release Form postmarked or submitted electronically by the date specified in the Preliminary Approval Order, or such other time as may be set by the Court (the “Bar Date”), supported by such documents as are specified in the Proof of Claim and Release Form.
8.6. Except as otherwise ordered by the Court, all Settlement Class Members who fail to submit a Proof of Claim and Release Form by the Bar Date, or such other period as may be ordered by the Court, or who submit a Proof of Claim and Release Form that is rejected, shall be forever barred from receiving any payments pursuant to the Stipulation and the Settlement set ...
Administration and Calculation of Claims, Final Awards, and Supervision and Distribution of the Settlement Fund. 6.1 The Claims Administrator shall administer and calculate the claims submitted by Settlement Class Members and shall oversee distribution of the Net Settlement Fund (as defined below) to Authorized Claimants. Defendants, Defendants’ Counsel and the other Released Defendants’ Parties shall have no liability, obligation or responsibility for the administration or the distribution of the Net Settlement Fund.
6.2 The Settlement Fund shall be applied as follows:
(a) to pay the Taxes and Tax Expenses described in ¶2.8 above; 1 (b) to pay all the costs and expenses reasonably and actually incurred in connection 2 with providing notice, locating Settlement Class Members, soliciting claims, assisting with the filing 3 of claims, administering and distributing the Net Settlement Fund to Authorized Claimants, 4 processing Proofs of Claim and paying escrow fees and costs, if any; 5 (c) to pay Plaintiffs’ Counsel’s attorneys’ fees and expenses with interest thereon, 6 as provided in ¶7.2 (the “Fee and Expense Award”), and any award to Plaintiffs pursuant to 15 U.S.C. 7 §77z-1(a)(4) in connection with their representation of the Settlement Class, to the extent ordered by 8 the Court; and
