Allocation of the Net Settlement Fund Sample Clauses

Allocation of the Net Settlement Fund. (i) A Class Member who does not opt out pursuant to Section 6(E)(ii)(F) will be deemed eligible for a payment hereunder and will be a Class Member.
Sample 1
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Allocation of the Net Settlement Fund. The net Settlement Fund payment shall be the Claimable Funds (i.e., the remains of the Settlement Fund after being first reduced by the Guaranteed Funds, the award of Class Counsel’s Fees, $50,000 in settlement administration expenses, and the awarded Service Payment). They shall be allocated to the individual Class/Collective Members as calculated by Class Administrator in accordance with the terms of this Agreement. The method used to calculate the Settlement Fund payment due to each Class/Collective Member is described in detail in Exhibit B.
Sample 1
Allocation of the Net Settlement Fund. 3.1 Following Final Approval, after payment of, or provision for, all current or anticipated costs of administration, attorneys’ fees, expenses, and plaintiff incentive awards as awarded by the Court, the Net Settlement Fund will be distributed by the Settlement Administrator, as set forth in this Section 3. 3.2 The Net Settlement Fund will be allocated and distributed on a per-share basis among the Eligible Record Holders and Eligible Beneficial Holders (the “Initial Distribution”). 3.3 With respect to Windstream common stock held of record by Cede & Co. as nominees for DTC, the Settlement Administrator shall determine the pro rata amount of the Net Settlement Fund attributable to such common stock, less any amount attributable to shares held through Cede & Co. by any Excluded Person (if and to the extent that the Settlement Administrator is able to determine what amounts are held by Excluded Persons), and pay such amount to DTC with instructions to DTC to distribute it to each DTC Participant on a pro rata basis according to the number of shares attributable to the Eligible Beneficial Owners who are customers of such DTC Participant. 3.4 With respect to record holders other than Cede & Co., the Settlement Administrator shall pay from the Net Settlement Fund directly to each Eligible Record Holder an amount equal to such holder’s pro rata share, based on relative share ownership, of the Net Settlement Fund. 3.5 Defendants shall have no input, responsibility or liability for any claims, payments or determinations by the Settlement Administrator in respect of the distribution or payment of the Net Settlement Fund to Class Members under this Settlement. Neither Defendants nor their Insurers shall have any reversionary interest in the Net Settlement Fund. 3.6 If there is any balance remaining in the Net Settlement Fund after six (6) months from the date of Initial Distribution (whether by reason of tax refunds, uncashed checks, amounts returned by Excluded Persons, to the extent they receive settlement payments, or for any other reason), Class Counsel shall, if feasible, distribute in an equitable and economic fashion such balance among the Eligible Beneficial Owners and Eligible Record Owners who were eligible to receive the Initial Distribution. If the cost of making such a further distribution or distributions is unreasonably high relative to the amount remaining in the Net Settlement Fund, Class Counsel may instruct the Settlement Administrator to distrib...
Sample 1
Allocation of the Net Settlement Fund. Each Settling Plaintiff shall be eligible to receive the greater of: (i) $100; or (ii) his or her proportionate share of the Net Settlement Fund as described herein. The Net Settlement Fund is the Gross Settlement Fund less the sum of (1) Attorneys’ Fees and Costs, (2) one-half of the fees and expenses of the Claims Administrator, (3) the Allocation Correction Set-Aside and (4) the Service Payment to Plaintiff. The Net Settlement Fund shall be divided into two Settlement Pools: the Driver Settlement Pool and the Dispatcher Settlement Pool. The amount of the Driver Settlement Pool is estimated to be approximately $545,166.67 and shall be allocated to Settlement Class Members who worked as delivery drivers. There are approximately 192 Settlement Class Members who are eligible to participate in the Driver Settlement Pool. The amount of the Dispatcher Pool is estimated to be $25,000 and shall be allocated to Settlement Class Members who worked as dispatchers only. There are approximately 12 Settlement Class Members eligible to participate in the Dispatcher Settlement Pool. Each delivery driver will receive his or her proportionate share of the Driver Settlement Pool based upon the percentage of miles that the driver drove during the Class Period compared to the class-wide total adjusted mileage based on Plaintiff’s expert, Xxxx Xxxxxx’x mileage calculations. The mileage for drivers who were FLSA opt-in members shall be adjusted upward using a multiplier of 1.2 in recognition of their support of the case during the pendency of this litigation. In those limited instances where the driver’s mileage calculations are unavailable, their mileage will be estimated using the average mileage per delivery for the Settlement Class times the approximate number of deliveries made by the driver as ascertained from the delivery data. Each dispatcher shall receive his or her proportionate share of the Dispatcher Settlement Pool based upon the number of weeks worked by that dispatcher to the total weeks worked by all dispatchers during the Class Period. The number of weeks for dispatchers who were FLSA opt-in members shall be adjusted upward using a multiplier of 1.2 in recognition of their support of the case. To the extent the information described above or necessary to calculate a Settling Plaintiff’s distributive share is unavailable, the Parties will assign the minimum recovery of $100 to such Settling Plaintiff
Sample 1
Allocation of the Net Settlement Fund. The Net Settlement Fund will be distributed as follows: fifty (50) percent to the Rule 23 Class (the “Rule 23 Distributions”) and fifty (50) percent for the FLSA Collective (the “FLSA Distributions”). For the Rule 23 Class amount, each Rule 23 Class Member will be assigned his or her proportionate share of the Net Settlement Fund based on his or her weeks worked within the Rule 23 class period in which he or she did not work more than 40 hours. For the FLSA Collective, each member of the FLSA Collective will be assigned his or her proportionate share of the Net Settlement Fund based on his or her weeks worked within the FLSA Collective period in which he or she worked more than 40 hours, with a minimum amount of $25 per member of the FLSA Collective. Individuals who are members of both the FLSA Collective and Rule 23 Class will receive payments from the Rule 23 Distributions and FLSA Distributions, but will not receive duplicative recoveries. These amounts take into account each Class Member’s unique payroll and time records and a uniform assumed number of unpaid pre- and post-shift minutes worked per shift. Any amounts unclaimed by a Rule 23 Class Member will be redistributed to the Net Settlement Fund. Thus, the estimated settlement amount provided in the notice to Class Members will increase if all Rule 23 Class Members do not file a claim.
Sample 1
Allocation of the Net Settlement Fund. Each Settling Plaintiff shall be allocated portions of the Net Settlement Fund (i.e., his or her Settlement Award) in the manner prescribed in Section VII(B)(6). Class Members’ Settlement Awards shall be totaled. If the total Claimed Settlement Awards is less than $10,000, then the difference between $10,000 and the total Settlement Awards shall be divided among the Selected Electronically Filed - Christian - June 21, 2018 - 02:10 PM Charities. If the total Settlement Awards exceeds the Net Settlement Fund, each Class Member’s Settlement Award will be proportionally reduced so that the total Settlement Awards equals the Net Settlement Fund. Defendants have the right to challenge each Claiming Class Member’s Settlement Award. However, such challenges shall not be unduly burdensome to Claiming Class Members in light of the size of the relative Award.
Sample 1
Allocation of the Net Settlement Fund 
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Related to Allocation of the Net Settlement Fund

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  • Allocation of Profits and Losses Distributions Profits/Losses. For financial accounting and tax purposes, the Company's net profits or net losses shall be determined on an annual basis and shall be allocated to the Members in proportion to each Member's relative capital interest in the Company as set forth in Schedule 2 as amended from time to time in accordance with U.S. Department of the Treasury Regulation 1.704-1.

  • Timing and Amount of Allocations of Net Income and Net Loss Net Income and Net Loss of the Partnership shall be determined and allocated with respect to each Partnership Year of the Partnership as of the end of each such year. Subject to the other provisions of this Article 6, an allocation to a Partner of a share of Net Income or Net Loss shall be treated as an allocation of the same share of each item of income, gain, loss or deduction that is taken into account in computing Net Income or Net Loss.

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