Allocation Plan Sample Clauses

Allocation Plan. 1. In connection with the Settlement Agreement (“Agreement”) made and entered into by the Parties as of April 18, 2024, filed herewith, this Allocation Plan has been drafted by Plaintiffs, subject to the approval of the Court.
Sample 1
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Allocation Plan. The Settlement Award each Settlement Class Member receives shall be determined by the Settlement Administrator. The Settlement Award shall be based upon the factors identified by Class Counsel’s experts to determine the severity of harm the Settlement Class Member suffered as a result of the September 13, 2018 incident. The Settlement Administrator will also consider previous payments made to Members of the Class pursuant to the Existing Process or mediation in order to avoid duplicate compensation. Disputes regarding the fairness of the compensation shall be resolved first by the Administrator. Continuing disputes shall be resolved through mediation, and if mediation is unsuccessful by the Court. The Court’s rulings on such disputes shall be final and unappealable.
Sample 1
Allocation Plan. 19 1. Class Members shall receive monetary damages to compensate them for the 20 injuries they have suffered as set forth in this Section. The Claims Administrator shall 21 determine that a claimant is a member of the Primary Class if it can reasonably be 22 determined from Defendants’ records and the information provided in the claim form that 23 the claimant’s Guest Information was provided to Federal Immigration Authorities.
Sample 1
Allocation Plan. “Allocation Plan” means the plan by which the Net Settlement Fund will be distributed, subject to Court approval, to Class Members; provided that Plaintiffs’ Counsel will be solely responsible for developing the Allocation Plan, which proposed plan shall be submitted to the Court at the time the Settlement Agreement is submitted for preliminary approval.
Sample 1
Allocation Plan. 15 Class Members who do not opt out of the Settlement Class and whose addresses are 16 known to the Fairmont Defendants or ascertainable through their reasonable best efforts and/or 17 the efforts of the Settlement Administrator as specified herein, are eligible for Settlement awards.
Sample 1
Allocation Plan. Within [***] after the date Shire receives a DEA Quota Grant Letter, Shire will prepare and deliver to Impax, for its review, a proposed “Allocation Plan” that calculates [***] and Impax’s Allocated Share [***] for the Allocation Period. At the time of delivery of the proposed Allocation Plan, Shire will also provide Impax with justification documents in support of its calculation of [***], [***], and Impax’s Allocated Share, which documents shall include copies of all data and information used in the calculations, as well as a detailed description of the related calculations. Within [***] of receipt of Shire’s proposed Allocation Plan and justification documents, Impax will either agree to the proposed Allocation Plan, or provide to Shire any proposed adjustments to the Allocation Plan based upon what Impax believes are errors or miscalculations of [***], [***] and/or Impax’s Allocated Share. At the time of delivery of the proposed adjustments, Impax will also provide Shire with justification documents in support of its belief that there were such errors or miscalculations, which documents shall include copies of all data and information used to confirm the errors or miscalculations, as well as a detailed description of the related calculations. The Parties shall use their best efforts to agree upon a final Allocation Plan not less than [***] thereafter (the “Allocation Deadline”). In the event the Parties do not agree on Impax’s Allocated Share by the Allocation Deadline, the dispute resolution procedure set forth in Section 16. 13(d) hereof shall be immediately implemented in order to definitively resolve all disputes related to the calculation of Impax’s Allocated Share. In addition, Shire shall: (i) place an amount of kilograms equal to the difference between Shire’s proposed Impax’s Allocated Share and Impax’s proposed Impax’s Allocated Share (the “Disputed Quota”) into reserve pending resolution of the dispute in accordance with the terms herein; and (ii) make and deliver Impax AG Product not in dispute in accordance with the Delivery Schedule contemplated in Section 5. 3(e). To the extent the dispute is resolved in Impax’s favor, the Allocation Plan shall immediately be recalculated to include the relevant amount of Disputed Quota, and Impax’s Allocated Share and [***] shall be increased accordingly [***]. With respect to the delivery of Impax AG Product representing any Disputed Quota allocated to Impax following resolution of the relevant dispute...
Sample 1
Allocation Plan. 2. Section II, Paragraph (D)(5)(ii) of the Settlement Agreement on pages 34-35 is hereby replaced and amended, and shall now read as follows:
Sample 1
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Related to Allocation Plan

  • Transition Plan In the event of termination by the LHIN pursuant to this section, the LHIN and the HSP will develop a Transition Plan. The HSP agrees that it will take all actions, and provide all information, required by the LHIN to facilitate the transition of the HSP’s clients.

  • Allocation Following the Closing, Purchaser shall prepare and deliver to Sellers an allocation of the aggregate consideration among Sellers and, for any transactions contemplated by this Agreement that do not constitute an Agreed G Transaction pursuant to Section 6.16, Purchaser shall also prepare and deliver to the applicable Seller a proposed allocation of the Purchase Price and other consideration paid in exchange for the Purchased Assets, prepared in accordance with Section 1060, and if applicable, Section 338, of the Tax Code (the “Allocation”). The applicable Seller shall have thirty (30) days after the delivery of the Allocation to review and consent to the Allocation in writing, which consent shall not be unreasonably withheld, conditioned or delayed. If the applicable Seller consents to the Allocation, such Seller and Purchaser shall use such Allocation to prepare and file in a timely manner all appropriate Tax filings, including the preparation and filing of all applicable forms in accordance with applicable Law, including Forms 8594 and 8023, if applicable, with their respective Tax Returns for the taxable year that includes the Closing Date and shall take no position in any Tax Return that is inconsistent with such Allocation; provided, however, that nothing contained herein shall prevent the applicable Seller and Purchaser from settling any proposed deficiency or adjustment by any Governmental Authority based upon or arising out of such Allocation, and neither the applicable Seller nor Purchaser shall be required to litigate before any court, any proposed deficiency or adjustment by any Taxing Authority challenging such Allocation. If the applicable Seller does not consent to such Allocation, the applicable Seller shall notify Purchaser in writing of such disagreement within such thirty (30) day period, and thereafter, the applicable Seller shall attempt in good faith to promptly resolve any such disagreement. If the Parties cannot resolve a disagreement under this Section 3.3, such disagreement shall be resolved by an independent accounting firm chosen by Purchaser and reasonably acceptable to the applicable Seller, and such resolution shall be final and binding on the Parties. The fees and expenses of such accounting firm shall be borne equally by Purchaser, on the one hand, and the applicable Seller, on the other hand. The applicable Seller shall provide Purchaser, and Purchaser shall provide the applicable Seller, with a copy of any information described above required to be furnished to any Taxing Authority in connection with the transactions contemplated herein.

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