Common use of Allocation of Monies in the Escrow Account Following Termination Clause in Contracts

Allocation of Monies in the Escrow Account Following Termination. (1) The Administrator and Strosberg Xxxxx Xxxxx LLP shall account to the Courts for the amounts maintained in the Escrow Account. If the Agreement is terminated, this accounting shall be delivered no later than ten (10) days after such termination. (2) If the Agreement is terminated, the Defendants shall, within thirty (30) days after termination, apply to the Courts for orders: (a) declaring the Agreement null and void and of no force or effect except for the provisions of those sections listed in section 12.1(4); (b) requiring the notice of termination to be sent out to the Class Members and, if so, the form and method of disseminating such a notice; (c) setting aside, nunc pro tunc, all prior orders or judgments entered in accordance with the terms of the Agreement; and (d) authorizing the payment of: (i) all funds received by Xxxxxxxxx Xxxxx Xxxxx LLP from any of the Contributing Parties and not yet paid into the Escrow Account pursuant to section 4.1; and (ii) all funds in the Escrow Account, including accrued interest, to the Contributing Parties, apportioned pro rata based on their respective contributions, directly or indirectly, to the Escrow Account, as the case may be, minus any amounts paid out of the Escrow Account as Non-Refundable Expenses in accordance with the terms of the Agreement. (3) Subject to section 12.4, the Parties shall consent to the orders sought in any motion made by the Defendants pursuant to section 12.3(2).

Allocation of Monies in the Escrow Account Following Termination. (1) The Administrator and Sutts, Strosberg Xxxxx Xxxxx LLP shall account to the Courts Court and the Parties for the amounts maintained in the Escrow Account. If the Agreement is terminated, this accounting shall be delivered no later than ten (10) days after such termination. (2) If the Agreement is terminated, the Defendants shall, within thirty (30) days after termination, apply to the Courts Court, on notice to the Plaintiffs and the Administrator, for ordersan order: (a) declaring the Agreement null and void and of no force or effect except for the provisions of those sections listed in section 12.1(412.1(5); (b) requiring the notice of termination to be sent out to the Class Members and, if so, the form and method of disseminating such a notice; (c) requesting an order setting aside, nunc pro tunc, all prior orders or judgments entered by the Court in accordance with the terms of the this Agreement; and (d) authorizing the payment of: (i) all funds received by Xxxxxxxxx Xxxxx Xxxxx LLP from any of the Contributing Parties Defendants and not yet paid into the Escrow Account pursuant to section 4.15.1; and (ii) all funds in the Escrow Account, including accrued interest, to the Contributing PartiesDefendants, apportioned pro rata rata, based on their respective contributions, directly or indirectly, to the Escrow Account, as the case may be, minus any amounts paid out of the Escrow Account as Non-Refundable Expenses in accordance with the terms of the Agreement. (3) Subject to section 12.4, the Parties shall consent to the orders sought in any motion made by the Defendants pursuant to section 12.3(2).

Allocation of Monies in the Escrow Account Following Termination. (1) . The Administrator and Strosberg Xxxxx Xxxxx LLP Class Counsel shall account to the Courts Court for the amounts maintained in the Escrow Account. If the Agreement is terminated, this accounting shall be delivered no later than ten (10) days after such termination. (2) . If the Agreement is terminated, the Defendants shall, within thirty (30) days after termination, apply to the Courts Court for ordersan order: (ai) declaring the Agreement null and void and of no force or effect except for the provisions of those sections listed in section 12.1(4)) of this Agreement; (bii) requiring the notice of termination to be sent out to the Class Members and, if so, the form and method of disseminating such a notice; (ciii) setting aside, nunc pro tunc, all prior orders or judgments entered in accordance with the terms of the Agreement; and (div) authorizing the payment to the Contributing Parties, apportioned pro rata based on their respective contributions directly or indirectly, to the Escrow Account, as the case may be, of: (ia) all funds received by Xxxxxxxxx Xxxxx Xxxxx LLP KSM from any of the Contributing Parties and not yet paid into the Escrow Account pursuant to section 4.14.1 of this Agreement; and (iib) all funds in the Escrow Account, including accrued interest, to the Contributing Parties, apportioned pro rata based on their respective contributions, directly or indirectly, to the Escrow Account, as the case may be, minus any amounts paid out of the Escrow Account as Non-Refundable Expenses in accordance with the terms of the Agreement. (3) Subject to section 12.4, the Parties shall consent to the orders sought in any motion made by the Defendants pursuant to section 12.3(2).

Allocation of Monies in the Escrow Account Following Termination. (1) The Administrator and Sutts, Strosberg Xxxxx Xxxxx LLP shall account to the Courts for the amounts maintained in the Escrow Account. If the Agreement is terminated, this accounting shall be delivered no later than ten (10) days after such termination. (2) If the Agreement is terminated, the Defendants shall, within thirty (30) days after termination, apply to the Courts for orders: (a) declaring the Agreement null and void and of no force or effect except for the provisions of those sections listed in section 12.1(4); (b) requiring the notice of termination to be sent out to the Class Members and, if so, the form and method of disseminating such a notice; (c) setting aside, nunc pro tunc, all prior orders or judgments entered in accordance with the terms of the this Agreement; and (d) authorizing the payment of: (i) all funds received by Xxxxxxxxx Xxxxx Xxxxx Sutts Strosberg LLP from any of the Contributing Parties and not yet paid into the Escrow Account pursuant to section 4.1; and (ii) all funds in the Escrow Account, including accrued interest, to the Contributing Parties, apportioned pro rata based on their respective contributions, directly or indirectly, to the Escrow Account, as the case may be, minus any amounts paid out of the Escrow Account as Non-Refundable Expenses in accordance with the terms of the this Agreement. (3) Subject to section 12.4, the Parties shall consent to the orders sought in any motion made by the Defendants pursuant to section 12.3(2).

Allocation of Monies in the Escrow Account Following Termination. (1) The Administrator and Strosberg Xxxxx Xxxxx Siskinds LLP shall account to the Courts Court and the Parties for the amounts maintained in the Escrow Account. If the Agreement is terminated, this accounting shall be delivered no later than ten (10) days after such termination. (2) If the Agreement is terminated, the Defendants shall, within thirty (30) days after termination, apply to the Courts appropriate Court, on notice to the Plaintiffs and the Administrator, for ordersan order: (a) declaring the Agreement null and void and of no force or effect except for the provisions of those sections listed in section 12.1(411.1(4); (b) requiring the determining whether a notice of termination to shall be sent out to the Class Members and, if so, the form and method of disseminating such a notice; (c) requesting an order setting aside, nunc pro tunc, all prior orders or judgments entered by the Court in accordance with the terms of this Agreement including any order certifying the Action as a class proceeding for the purposes of implementing this Agreement; and (d) authorizing the payment of: (i) all funds received by Xxxxxxxxx Xxxxx Xxxxx LLP from any of the Contributing Parties and not yet paid into the Escrow Account pursuant to section 4.1; and (ii) all funds in the Escrow Account, including accrued interest, to the Contributing Parties, Parties and apportioned pro rata rata, based on their respective contributions, directly or indirectly, to the Escrow Account, as the case may be, minus any amounts paid out of the Escrow Account as Non-Refundable Expenses in accordance with the terms of the Agreement. (3) Subject to section 12.411.4, the Parties shall consent to the orders sought in any motion made by the Defendants pursuant to section 12.3(2)11.3.

Allocation of Monies in the Escrow Account Following Termination. (1) The Administrator and Sutts, Strosberg Xxxxx Xxxxx LLP shall account to the Courts Court and the Parties for the amounts maintained in the Escrow Account. If the Agreement is terminated, this accounting shall be delivered no later than ten (10) days after such termination. (2) If the Agreement is terminated, the Defendants shall, within thirty (30) days after termination, apply to the Courts Court, on notice to the Plaintiffs and the Administrator, for ordersan order: (a) declaring the Agreement null and void and of no force or effect except for the provisions of those sections listed in section 12.1(412.1(5); (b) requiring the notice of termination to be sent out to the Class Members and, if so, the form and method of disseminating such a notice; (c) requesting an order setting aside, nunc pro tunc, all prior orders or judgments entered by the Court in accordance with the terms of the this Agreement; and (d) authorizing the payment of: (i) all funds received by Xxxxxxxxx Xxxxx Xxxxx LLP from any of the Contributing Parties Defendants and not yet paid into the Escrow Account pursuant to section 4.1; and (ii) all funds in the Escrow Account, including accrued interest, to the Contributing PartiesDefendants, apportioned pro rata rata, based on their respective contributions, directly or indirectly, to the Escrow Account, as the case may be, minus any amounts paid out of the Escrow Account as Non-Refundable Expenses in accordance with the terms of the Agreement. (3) Subject to section 12.4, the Parties shall consent to the orders sought in any motion made by the Defendants pursuant to section 12.3(2).

Allocation of Monies in the Escrow Account Following Termination. (1) The Administrator and Strosberg Xxxxx Xxxxx Siskinds LLP shall account to the Courts and the Parties for the amounts maintained in the Escrow Account. If the Settlement Agreement is not approved and is therefore terminated, or if it is terminated pursuant to section 11.1, this accounting shall be delivered no later than ten (10) days after such termination. (2) If the Settlement Agreement is terminatednot approved and is therefore terminated or if it is terminated pursuant to section 11.1, the Defendants SWR, Paterson and/or Xxxx shall, within thirty twenty (3020) days after termination, apply to the Courts Courts, on notice to the Parties, Xxxx and the Administrator, for ordersan order: (a) declaring the this Settlement Agreement null and void and of no force or effect except for the provisions of those sections listed in section 12.1(4)11.2; (b) requiring the determining whether a notice of termination to shall be sent out to the Class Members and, if so, the form and method of disseminating such a notice; (c) requesting an order setting aside, nunc pro tunc, all prior orders or judgments entered by the Courts in accordance with the terms of the this Settlement Agreement; and (d) authorizing the payment of: (i) all funds received by Xxxxxxxxx Xxxxx Xxxxx LLP SWR from any of the Contributing Parties and not yet paid into the Escrow Account pursuant to section 4.1; and (ii) all funds in the Escrow Account, including accrued interest, to the Contributing Parties, Parties and/or SWR apportioned pro rata rata, based on their respective contributions, directly or indirectly, to the Escrow Account, as the case may be, minus any amounts paid out of the Escrow Account as Non-Refundable Expenses in accordance with the terms of the this Settlement Agreement. (3) Subject , and, subject to section 12.411.4, the Parties shall consent to the orders sought in any motion made by the Defendants pursuant to section 12.3(2)such orders.