Allocation and Distribution of Net Settlement Fund Sample Clauses

Allocation and Distribution of Net Settlement Fund. The Net Settlement Fund will be distributed as follows. a. First, every Settlement Class Member is automatically entitled to receive a base payment of One Hundred Dollars ($100.00) without having to submit a Claim Form (“Base Payment”). b. Second, Settlement Class Members may include information on their Claim Form credibly alleging under oath that they incurred reasonable non-reimbursed out-of- pocket expenses that were directly caused by the Mailer, including, for example, any moving costs, medical or counseling costs, loss of income, or other non-reimbursed out-of-pocket expenses upon a showing of reasonable proof. The term “reasonable proof” means the submission to the Settlement Administrator by the Claimant of actual receipts, invoices, credit card statements, medical records, insurance records, copies of returned checks, and/or any other reasonable form of supporting written proof of non-reimbursed out-of-pocket expenses incurred as a direct result of the Mailer, which must be submitted with the Claim Form in support of any claimed economic damages. Reasonable non-reimbursed out-of-pocket expenses may be reimbursed up to $2,000. c. Third, Settlement Class Members may set forth information on their Claim Form credibly alleging under oath with details about (i) how the Settlement Class Member became aware of the Mailer, (ii) that they experienced non-economic harm constituting emotional distress, anxiety, or fear, as a direct result of the Mailer, and (iii) a description of that emotional distress, anxiety, or fear. If they make such a showing, the Settlement Administrator will determine if they will be eligible for an award of up to $500. d. If the Net Settlement Fund does not cover the total collective amount of all base payments and all Claimant Awards as set forth above and calculated by the Settlement Administrator, then each totaled Claimant Award (not including the base payment) shall be reduced pro rata to be paid out of the remaining amount in the Net Settlement Fund.
Sample 1
Allocation and Distribution of Net Settlement Fund. The Parties will seek Court approval for the following plan of allocation to distribute the Net Settlement Fund (i.e.., the Settlement Payment to the Plaintiff Class Members who do not opt out.) a. The Parties propose the allocation of all funds remaining in the Net Settlement Fund after the payment of approved attorney’s fees, litigation costs, and settlement costs. The Parties agree that this allocation will be approximately $115,000. The Parties propose that the allocation shall be made as set forth in Paragraph 3, above. Plaintiff Class Member payments will be attributable to back wages, will be subject to payroll tax withholding satisfied from the Settlement Payment, and will be reported by Defendant and the Settlement Administrator by IRS Form W-2. b. Any amount remaining in the Settlement Fund after distribution to the Plaintiff Class Members as set forth above based upon the agreed upon formula and after any pro rata increase for Class Members who cannot be located (for example, due to settlement checks returned as undeliverable or the failure of Class Members to cash settlement checks) will be paid on behalf of Defendant as a charitable contribution to: Towards Justice, a Colorado charitable 501(c)(3) corporation that provides non-profit legal and advocacy services to recover unpaid wages for low income workers. c. No modifications can be made to the plan of allocation unless jointly agreed upon in writing by the Parties and approved by the Court.
Sample 1
Allocation and Distribution of Net Settlement Fund. The Parties will seek Court approval for the following plan of allocation to distribute the Net Settlement Fund (i.e.., the Settlement Payment to the Settlement Class Members who do not opt out.) a. The Parties propose the allocation of all funds remaining in the Net Settlement Fund after the payment of approved attorney’s fees, litigation costs, and settlement costs. The Parties agree that this allocation will not be less than $280,000 The Parties propose that the allocation shall be made as set forth in Paragraph 4, above. Settlement Class Member payments will be attributable to back wages, will be subject to payroll tax withholding, and will be reported by Defendant and the Settlement Administrator by IRS Form W-2. b. Any amount remaining in the Settlement Fund after distribution to the Settlement Class Members as set forth above based upon the agreed upon formula (for example, due to settlement checks returned as undeliverable or the failure of Class Members to cash settlement checks) will be paid on behalf of Defendant as a charitable contribution to: Towards Justice, a Colorado charitable 501(c)(3) corporation that provides non-profit legal and advocacy services to recover unpaid wages for low income workers. c. No modifications can be made to the plan of allocation unless jointly agreed upon in writing by the Parties and approved by the Court.
Sample 1

Related to Allocation and Distribution of Net Settlement Fund

  • Allocations and Distributions The LLC's profits and losses shall be allocated to the Member. At the time determined by a majority of the Managers, the Managers may cause the LLC to distribute to the Member any cash held by it which is neither reasonably necessary for the operation of the LLC nor the performance of its contractual obligations, nor which is in violation of Sections 18-607 or 18-804 of the Act or any contractual agreement binding on the LLC.

  • Deemed Contribution and Distribution Notwithstanding any other provision of this Article 13, in the event that the Partnership is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g), but no Liquidating Event has occurred, the Partnership’s Property shall not be liquidated, the Partnership’s liabilities shall not be paid or discharged and the Partnership’s affairs shall not be wound up. Instead, for federal income tax purposes the Partnership shall be deemed to have contributed all of its assets and liabilities to a new partnership in exchange for an interest in the new partnership; and immediately thereafter, distributed Partnership Units to the Partners in the new partnership in accordance with their respective Capital Accounts in liquidation of the Partnership, and the new partnership is deemed to continue the business of the Partnership. Nothing in this Section 13.3 shall be deemed to have constituted a Transfer to an Assignee as a Substituted Limited Partner without compliance with the provisions of Section 11.4 or Section 13.3 hereof.

  • Determination of Net Asset Value, Net Income and Distributions Subject to applicable federal law including the 1940 Act and Section 3.6 hereof, the Trustees, in their sole discretion, may prescribe (and delegate to any officer of the Trust or any other Person or Persons the right and obligation to prescribe) such bases and time (including any methodology or plan) for determining the per Share or net asset value of the Shares of the Trust or any Series or Class or net income attributable to the Shares of the Trust or any Series or Class, or the declaration and payment of dividends and distributions on the Shares of the Trust or any Series or Class and the method of determining the Shareholders to whom dividends and distributions are payable, as they may deem necessary or desirable. Without limiting the generality of the foregoing, but subject to applicable federal law including the 1940 Act, any dividend or distribution may be paid in cash and/or securities or other property, and the composition of any such distribution shall be determined by the Trustees (or by any officer of the Trust or any other Person or Persons to whom such authority has been delegated by the Trustees) and may be different among Shareholders including differences among Shareholders of the same Series or Class.

  • LIQUIDATION AND DISTRIBUTION On or as soon after the Closing Date as is conveniently practicable: (a) the Acquired Fund will distribute in complete liquidation of the Acquired Fund, pro rata to its shareholders of record, determined as of the close of business on the Closing Date (the "Acquired Fund Shareholders"), all of the Acquiring Fund Shares received by the Acquired Fund pursuant to paragraph 1.1; and (b) the Acquired Fund will thereupon proceed to dissolve and terminate as set forth in paragraph 1.8 below. Such distribution will be accomplished by the transfer of Acquiring Fund Shares credited to the account of the Acquired Fund on the books of the Acquiring Fund to open accounts on the share records of the Acquiring Fund in the name of the Acquired Fund Shareholders, and representing the respective pro rata number of Acquiring Fund Shares due such shareholders. All issued and outstanding shares of the Acquired Fund (the "Acquired Fund Shares") will simultaneously be canceled on the books of the Acquired Fund. The Acquiring Fund shall not issue certificates representing Acquiring Fund Shares in connection with such transfer. After the Closing Date, the Acquired Fund shall not conduct any business except in connection with its termination.

  • Printing and Distribution of Agreement The Medical Center and the Association shall equally share expenses for the printing of an adequate supply of copies of this Agreement. The Medical Center will make available a suitable number of copies of the Agreement on each nursing unit following the Association’s delivery of the printed copies to the Medical Center.

  • Profits Losses and Distributions A. Each Member shall share all profits and losses, pro rata, in proportion to the Member's Interest in the Company. A Member's Interest shall be defined as a Member's pro rata share of ownership in the Company. B. Any distribution of cash or any other property of the company shall be distributed in the following order: (1) payment of taxes; (2) payment of any indebtedness including debts owing to any Member and any other expenses; and (3) to the Members in accordance with each Member's Interest in the Company.

  • Sales and Distribution It is understood that as between the Parties, the Commercializing Party shall be solely responsible for handling all returns, order processing, invoicing and collection, distribution, and receivables for Licensed Products in the applicable territory and indication.

  • In-Kind Distributions Subject to Section 00-00-000 of the Act, the Company may make in-kind distributions of the Company assets, provided the Members unanimously agree and such agreement is in writing. The fair market value of the property must be determined and agreed upon by the Members before the distribution is made. The receiving Member’s capital account shall be adjusted to reflect the value of the in-kind distribution.

  • Allocation of Net Profits and Net Losses As of the last day of each Fiscal Period, any Net Profits or Net Losses for the Fiscal Period shall be allocated among and credited to or debited against the Capital Accounts of the Members in accordance with their respective Investment Percentages for such Fiscal Period.

  • Deemed Distribution and Recontribution Notwithstanding any other provision of this Article 13, in the event the Partnership is liquidated within the meaning of Regulations Section 1.704-1(b)(2)(ii)(g) but no Liquidating Event has occurred, the Partnership's property shall not be liquidated, the Partnership's liabilities shall not be paid or discharged, and the Partnership's affairs shall not be wound up. Instead, the Partnership shall be deemed to have distributed the Partnership property in kind to the General Partner and Limited Partners, who shall be deemed to have assumed and taken such property subject to all Partnership liabilities, all in accordance with their respective Capital Accounts. Immediately thereafter, the General Partner and Limited Partners shall be deemed to have recontributed the Partnership property in kind to the Partnership, which shall be deemed to have assumed and taken such property subject to all such liabilities.