Benefit Available to Settlement Class Members Sample Clauses

Benefit Available to Settlement Class Members. In order to qualify for a Benefit, Class Members must timely submit a completed Claim Form (substantially in the form of Exhibit A). This can be done on the Settlement Website by the Claims Deadline. Class Members may also submit a paper copy of the Claim Form. Claim Forms submitted via mail must be postmarked on or before the Claims Deadline. Claim Forms submitted using the Settlement Website must be submitted by 11:59 p.m. Eastern Time on the final day of the Claim Period. In consideration of the Settlement and Release given herein, NAPG will make the following Benefit available to each Class Member who submits a Valid Claim: a. NAPG Variable Rate Customers shall receive $.00351 per kilowatt hour for electric supply service received from NAPG while on a variable rate plan. b. NAPG Variable Rate Customers shall receive $.0195 per therm for natural gas supply service received from NAPG while on a variable rate plan. c. Should the total Benefit calculated for a NAPG Variable Rate Customer who submits a Valid Claim be less than $2, that Customer shall be entitled to receive a $2 Benefit. d. In the event that the NAPG Variable Rate Customer has more than one Household, then the Class Member may file another Claim seeking a Benefit in accordance with 5.2(a) and receive another Individual Settlement Amount for that additional Household. The total Benefit amount payable by NAPG shall be subject to a $16,053,000 cap. In the event that the value of the Benefits claimed exceeds $16,053,000, the Benefit payable to each NAPG Variable Rate Customer will be reduced pro rata based on the individual’s electric supply and/or natural gas supply use while on a variable rate plan.
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Benefit Available to Settlement Class Members. In order to qualify for a Benefit, Class Members must timely submit a completed Claim Form (substantially in the form of Exhibit A) to the Claims Administrator or before the Claims Deadline. Class Members may submit a Claims Form to the Settlement Administrator (i) electronically through the Settlement Website or (ii) in hard copy by mail. Claim Forms submitted electronically through the Settlement Website must be submitted by 11:59 p.m. Eastern Time on the Claims Deadline. Claim Forms submitted via mail must be postmarked on or before the Claims Deadline. The Claim Period will be ninety (90) days from the date of the initial postcard mailing. In consideration of the Settlement and Release given herein, Greenlight will make the following Benefit available to each Class Member who submits a Valid Claim:
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Benefit Available to Settlement Class Members. In order to qualify for a Benefit, Class Members must timely submit a completed Claim Form (substantially in the form of Exhibit A). This can be done on the Settlement Website on or before the Claims Deadline. Class Members may also submit a paper copy of the Claim Form. Claim Forms submitted via mail must be postmarked on or before the Claims Deadline. The claims period will be ninety (90) days from the date of the initial postcard mailing. Claims returned by mail must be postmarked by the 90th day. Claim Forms submitted using the Settlement Website must be submitted by 11:59 p.m. Eastern Time on the final day of the Claim Period (on the 90th day). In consideration of the Settlement and Release given herein, Direct Energy will make the following Benefit available to each Class Member who submits a Valid Claim: a. Class Members will receive $0.0056 per kilowatt hour for electric supply service received from NYSEG Solutions, Energetix, or Direct Energy on or after April 1, 2013 while on a monthly variable-rate plan following the Class Member’s transition from a fixed-rate plan. b. In the event that the Class Member has more than one Household, then the Class Member may file another Claim seeking a Benefit in accordance with Section 5.1(a) and receive another Individual Settlement Amount for that additional Household.
Sample 1
Benefit Available to Settlement Class Members a. In order to qualify for a Settlement Benefit, Class Members must timely submit a completed Claim Form (substantially in the form of Exhibit B). This can be done on the Settlement Website on or before the Claim Deadline. Class Members may also submit a paper copy of the Claim Form. Claim Forms submitted via mail must be postmarked on or before the Claim Deadline. In consideration of the Settlement and Release given herein, Allstate will make Settlement Benefits available by instructing the Settlement Administrator to issue a check to each Class Member who: (a) does not opt out of the Settlement; (b) timely submits a Claim Form; (c) executes an authorization; (d) complies with the other procedures set forth in this Agreement and (e) qualifies for payment of Settlement Benefits based upon the determination of Allstate or the decision of the Special Master to whom any appeal of the decision of Allstate was taken pursuant to the provisions of this Agreement, and whose decision shall be final and binding on the Parties, provided the Individual Settlement Amount paid to any individual Class Member shall not exceed the Policy Declaration Value for UM/UIM coverage on the Allstate policy in question. b. In the event of an appeal of Allstate’s evaluation of a Class Member’s Claim, Allstate shall make available to the Special Master all of the information and documentation that was obtained from the Class Member or third parties in connection with Allstate’s evaluation of the Claim, which, together with the non- privileged portions of Allstate’s claim file for that Claim referenced in Section 5.1.c, shall constitute the sole basis for the Special Master’s decision. The Special Master’s decision shall be final and binding on the Parties, provided the Individual Settlement Amount paid to any individual Class Member shall not exceed the Policy Declaration Value for UM/UIM coverage on the Allstate policy in question. c. The Settlement Administrator will provide copies of the Class Members’ Claim Forms and Authorizations to Allstate and Class Counsel, as they are received from the Class Members, so that Allstate and Class Counsel can obtain the information and documentation needed for Allstate’s evaluation of the Claims. Allstate will also share with Class Counsel the non-privileged portions of its existing claim files for the Class Members concerning the Claims that are the subject of this Settlement where such non-privileged portions of the claim file are relevant to ...
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Benefit Available to Settlement Class Members. Subject to the rights, terms, and conditions of this Agreement, Xxxx.xxx will pay or cause to be paid Valid Claims based on which of the following three Tiers the Settlement Class Member elects and for which the Settlement Class Member qualifies: a) Tier 1. A Settlement Class Member who elects to fill out the Claim Form section for Tier 1 and who cannot or does not wish to file Proof of Claim documentation recover up to a maximum of $3.00 per Household. A Tier 1 benefit therefore must include nothing more than an attestation from the Settlement Class Member that s/he bought an item from Xxxx.xxx that was advertised with a reference price that Settlement Class Member believes to have been incorrect, and that the reference price was material to the Settlement Class Member’s purchase decision. b) Tier 2. A Settlement Class Member who elects to fill out the Claim Form for Tier 2, and who provides Proof of Claim documentation that a single product he or she purchased was advertised for sale by another retailer within 90 days of the date on which he or she purchased that item, using a lower reference price than that advertised on Xxxx.xxx, may recover 25% of the difference between the advertised reference price on Xxxx.xxx and the other retailer’s lower reference price, up to a maximum recovery of $10.00 per Household. A Tier 2 benefit claim, therefore, must include—in addition to the information required for Tier 1 claimants, proof of (1) the reference price at which Xxxx.xxx advertised the item when the Settlement Class Member purchased it, and (2) the reference price at which another retailer advertised the identical item within 90 days of the date on which the Settlement Class Member purchased the item from Xxxx.xxx. If neither 1 nor 2 is provided, a tier 2 claimant may provide an attestation, under penalty of perjury, detailing why the required documentation was not available. Determination of whether such an attestation adequately explains the reason the required documentation was not available shall be made by the Claims Administrator alone. In determining whether an attestation suffices, the Claims Administrator may, among other considerations, take into account whether or not the attestation is notarized. The Claim’s Administrator may seek input from the Parties in determining whether to accept an attestation. c) Tier 3. A Settlement Class Member who elects to fills out the Claim Form for Tier 3, and who provides Proof of Claim documentation that multip...
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Benefit Available to Settlement Class Members. In order to qualify for a Benefit, Settlement Class Members must timely submit a completed and valid Claim Form, which shall be substantially the form attached hereto as Exhibit Claims Deadline. In consideration for the Settlement and Releases given herein and subject to the rights, terms, and conditions of this Agreement, Defendant will make available the Settlement Sum to pay Valid Claims subject to Section 4.4. Settlement Class Members will be able to choose between two mutually exclusive Benefit options. (a) Settlement Class Members who elect to fill out the Claim Form and who do not provide valid Proof of Purchase(s) may recover four dollars and fifty cents ($4.50) per Unit, limited to up to three (3) total Units (the “Simple Claim”); or (b) Settlement Class Members who elect to fill out the Claim Form and who provide valid Proof of Purchase(s) dated within the Class Period may recover four dollars and fifty cents ($4.50) for each Unit included in the Proof of Purchase(s), without limitation (the “Proof Claim”). For the avoidance of doubt, a Settlement Class Member may file a Claim Form electing either option, but not both. If no proof or inadequate proof is submitted along with a Proof Claim, but the claim is otherwise a Valid Claim, it will be treated as a Simple Claim and subject to the Unit limitations therein. No single Proof of Purchase can support a Proof Claim for more than one Settlement Class Member.
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Benefit Available to Settlement Class Members. Subject to the rights, terms, and conditions of this Agreement, Defendant will pay or cause to be paid Valid Claims based on which of the following two Tiers the Settlement Class Member elects and for which the Settlement Class Member qualifies: a. Tier 1. Settlement Class Members who elect to fill out the Claim Form section for Tier 1 and who do not have valid Proof of Purchase may recover $0.25 per Product purchased for up to a maximum of four Units ($1 per Household); or b. Tier
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Benefit Available to Settlement Class Members. In order to qualify for a Benefit, Settlement Class Members must timely submit a completed Claim Form attached as Exhibit A. This can be done on the Settlement Website or by mail, postmarked by the Claims Deadline. In consideration for the Settlement and Releases given herein and subject to the rights, terms, and conditions of this Agreement, Defendant will pay or cause to be paid Valid Claims based upon the election of the Settlement Class Member and for which the Settlement Class Member qualifies: (a) Tier 1. Settlement Class Members who elect to fill out the Claim Form for Tier 1 and who do not have valid Proof of Purchase may recover up to a maximum of three dollars ($3.00) per Unit, limited to two (2) Units or six dollars ($6.00) per Household; or
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Benefit Available to Settlement Class Members. In order to qualify for a Benefit, Class Members must timely submit a completed Claim Form (substantially in the form of Exhibit A). This can be done on the Settlement Website on or before the Claims Deadline. Class Members may also submit a paper copy of the Claim Form. Claim Forms submitted via mail must be postmarked on or before the Claims Deadline. The claims period will be ninety (90) days from the date of the initial postcard mailing. Claims returned by mail must be postmarked by the 90th day. Claim Forms submitted using the Settlement Website must be submitted by 11:59 p.m. Eastern Time on the final day of the Claim Period (on the 90th day). In consideration of the Settlement and Release given herein, Gateway a. Gateway Variable Rate Customers will receive $.00333 per kilowatt hour for electric supply service received from Gateway while on a variable rate plan. b. Gateway Variable Rate Customers will receive $.02509 per therm (or therm equivalent) for natural gas supply service received from Gateway while on a variable rate plan. c. In the event that the Gateway Variable Rate Customer has more than one Household, then the Class Member may file another Claim seeking a Benefit in accordance with 5.1(a) and 5.1(b) and receive another Individual Settlement Amount for that additional Household.
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Related to Benefit Available to Settlement Class Members

  • Rollovers of Settlement Payments From Bankrupt Airlines If you are a qualified airline employee who has received a qualified airline settlement payment from a commercial airline carrier under the approval of an order of a federal bankruptcy court in a case filed after September 11, 2001, and before January 1, 2007, you are allowed to roll over any portion of the proceeds into your Xxxx XXX within 180 days after receipt of such amount, or by a later date if extended by federal law. For further detailed information and effective dates you may obtain IRS Publication 590-A, Contributions to Individual Retirement Arrangements (IRAs), from the IRS or refer to the IRS website at xxx.xxx.xxx.

  • What Forms of Distribution Are Available from a Xxxxxxxxx Education Savings Account Distributions may be made as a lump sum of the entire account, or distributions of a portion of the account may be made as requested.

  • Settlement Class Certification The Settling Parties agree, for purposes of this settlement only, to the certification of the Settlement Class. If the settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement, and the certification of the Settlement Class provided for herein, will be vacated and the Litigation shall proceed as though the Settlement Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Settlement Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case or action, as to which all of their rights are specifically preserved.

  • Release of Pre-Distribution Claims (a) Except (i) as provided in Section 6.1(c), (ii) as may be otherwise expressly provided in this Agreement or any Ancillary Agreement and (iii) for any matter for which any Horizon Indemnified Party is entitled to indemnification pursuant to this Article VI, effective as of the Distribution, Horizon does hereby, for itself and each other Horizon Entity and their respective Affiliates, Predecessors, successors and assigns, and, to the extent Horizon legally may, all Persons that at any time prior or subsequent to the Distribution have been stockholders, directors, officers, members, agents or employees of Horizon or any other Horizon Entity (in each case, in their respective capacities as such), release and forever discharge each TriMas Entity, their respective Affiliates, Predecessors, successors and assigns, and all Persons that at any time prior to the Distribution have been stockholders, directors, officers, members, agents or employees of TriMas or any other TriMas Entity (in each case, in their respective capacities as such), and their respective heirs, executors, administrators, successors and assigns, from any and all Liabilities whatsoever, whether at law or in equity, whether arising under any Contract, by operation of law or otherwise, existing or arising from or relating to any acts or events occurring or failing to occur or alleged to have occurred or to have failed to occur or any conditions existing or alleged to have existed on or before the Distribution Date, whether or not known as of the Distribution Date, including in connection with the transactions and all other activities to implement the Separation or the Distribution. (b) Except (i) as provided in Section 6.1(c), (ii) as may be otherwise provided in this Agreement or any Ancillary Agreement and (iii) for any matter for which any TriMas Indemnified Party is entitled to indemnification pursuant to this Article VI, effective as of the Distribution, TriMas does hereby, for itself and each other TriMas Entity and their respective Affiliates, Predecessors, successors and assigns, and, to the extent TriMas legally may, all Persons that at any time prior to the Distribution have been stockholders, directors, officers, members, agents or employees of TriMas or any other TriMas Entity (in each case, in their respective capacities as such), release and forever discharge each Horizon Entity, their respective Affiliates, successors and assigns, and all Persons that at any time prior to the Distribution have been stockholders, directors, officers, members, agents or employees of Horizon or any other Horizon Entity (in each case, in their respective capacities as such), and their respective heirs, executors, administrators, successors and assigns, from any and all Liabilities whatsoever, whether at law or in equity, whether arising under any Contract, by operation of law or otherwise, existing or arising from any acts or events occurring or failing to occur or alleged to have occurred or to have failed to occur or any conditions existing or alleged to have existed on or before the Distribution Date, whether or not known as of the Distribution Date, including in connection with the transactions and all other activities to implement the Separation or the Distribution. (c) Nothing contained in Sections 6.1(a) or 6.1(b) will impair any right of any Person to enforce this Agreement, any Ancillary Agreement, including the applicable Schedules hereto and thereto, or any arrangement that is not to terminate as of the Distribution, as specified in Section 2.3(b). In addition, nothing contained in Sections 6.1(a) or 6.1(b) will release any Person from: (i) any Liability provided in or resulting from any Contract among any TriMas Entities and any Horizon Entities that is not to terminate as of the Distribution, as specified in Section 2.3(b), or any other Liability that is not to terminate as of the Distribution, as specified in Section 2.3(b); (ii) any Liability assumed, transferred, assigned or allocated to the Group of which such Person is a member in accordance with, or any other Liability of any member of any Group under, this Agreement or any Ancillary Agreement; or (iii) any Liability the release of which would result in the release of any Person other than a Person released pursuant to this Section 6.1; provided that the Parties agree not to bring suit or permit any of their Subsidiaries to bring suit against any Person with respect to any Liability to the extent that such Person would be released with respect to such Liability by this Section 6.1 but for the provisions of this clause (iii). (d) Horizon will not make, and will not permit any other Horizon Entity to make, any claim or demand, or commence any Action asserting any claim or demand, including any claim for indemnification, against any TriMas Entity, or any other Person released pursuant to Section 6.1(a), with respect to any Liabilities released pursuant to Section 6.1(a). TriMas will not, and will not permit any other TriMas Entity to, make any claim or demand, or commence any Action asserting any claim or demand, including any claim for indemnification, against any Horizon Entity, or any other Person released pursuant to Section 6.1(b), with respect to any Liabilities released pursuant to Section 6.1(b).

  • Tax Periods Beginning Before and Ending After the Closing Date The Company or the Purchaser shall prepare or cause to be prepared and file or cause to be filed any Returns of the Company for Tax periods that begin before the Closing Date and end after the Closing Date. To the extent such Taxes are not fully reserved for in the Company’s financial statements, the Sellers shall pay to the Company an amount equal to the unreserved portion of such Taxes that relates to the portion of the Tax period ending on the Closing Date. Such payment, if any, shall be paid by the Sellers within fifteen (15) days after receipt of written notice from the Company or the Purchaser that such Taxes were paid by the Company or the Purchaser for a period beginning prior to the Closing Date. For purposes of this Section, in the case of any Taxes that are imposed on a periodic basis and are payable for a Taxable period that includes (but does not end on) the Closing Date, the portion of such Tax that relates to the portion of such Tax period ending on the Closing Date shall (i) in the case of any Taxes other than Taxes based upon or related to income or receipts, be deemed to be the amount of such Tax for the entire Tax period multiplied by a fraction the numerator of which is the number of days in the Tax period ending on the Closing Date and the denominator of which is the number of days in the entire Tax period (the “Pro Rata Amount”), and (ii) in the case of any Tax based upon or related to income or receipts, be deemed equal to the amount that would be payable if the relevant Tax period ended on the Closing Date. The Sellers shall pay to the Company with the payment of any taxes due hereunder, the Sellers’ Pro Rata Amount of the costs and expenses incurred by the Purchaser or the Company in the preparation and filing of the Tax Returns. Any net operating losses or credits relating to a Tax period that begins before and ends after the Closing Date shall be taken into account as though the relevant Tax period ended on the Closing Date. All determinations necessary to give effect to the foregoing allocations shall be made in a reasonable manner as agreed to by the parties.

  • Indemnity Limitation for TIPS Sales Texas and other jurisdictions restrict the ability of governmental entities to indemnify others. Vendor agrees that if any "Indemnity" provision which requires the TIPS Member to indemnify Vendor is included in any TIPS sales agreement/contract between Vendor and a TIPS Member, that clause must either be stricken or qualified by including that such indemnity is only permitted, "to the extent permitted by the laws and constitution of [TIPS Member's State]” unless the TIPS Member expressly agrees otherwise. Any TIPS Sale Supplemental Agreement containing an "Indemnity" clause that conflicts with these terms is rendered void and unenforceable.

  • Third Party Administrators for Defined Contribution Plans 2.1 The Fund may decide to make available to certain of its customers, a qualified plan program (the “Program”) pursuant to which the customers (“Employers”) may adopt certain plans of deferred compensation (“Plan or Plans”) for the benefit of the individual Plan participant (the “Plan Participant”), such Plan(s) being qualified under Section 401(a) of the Code and administered by TPAs which may be plan administrators as defined in the Employee Retirement Income Security Act of 1974, as amended. 2.2 In accordance with the procedures established in Schedule 2.1 entitled “Third Party Administrator Procedures,” as may be amended by the Transfer Agent and the Fund from time to time (“Schedule 2.1”), the Transfer Agent shall: (a) Treat Shareholder accounts established by the Plans in the name of the Trustees, Plans or TPAs, as the case may be, as omnibus accounts; (b) Maintain omnibus accounts on its records in the name of the TPA or its designee as the Trustee for the benefit of the Plan; and (c) Perform all Services under Section 1 as transfer agent of the Funds and not as a record-keeper for the Plans. 2.3 Transactions identified under Sections 1 and 2 of this Agreement shall be deemed exception services (“Exception Services”) when such transactions: (a) Require the Transfer Agent to use methods and procedures other than those usually employed by the Transfer Agent to perform transfer agency and recordkeeping services; (b) Involve the provision of information to the Transfer Agent after the commencement of the nightly processing cycle of the TA2000 System; or (c) Require more manual intervention by the Transfer Agent, either in the entry of data or in the modification or amendment of reports generated by the TA2000 System, than is normally required.

  • Settlement Class Pursuant to Rule 23(e)(1)(B)(ii) of the Federal Rules of Civil Procedure, the Court preliminarily finds that the Court will likely find that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) have been satisfied for settlement and judgment purposes only. As to the requirements of Rule 23(a) for settlement purposes only, (i) the Settlement Class provisionally certified herein likely exceeds 100,000 individuals, and joinder of all would be impracticable; (ii) there are questions of law and fact common to the Settlement Class; (iii) Class Representatives’ claims are typical of the claims of the Settlement Class they seek to represent for purposes of settlement; and (iv) Class Representatives are adequate representatives of the Settlement Class. As to the requirements of Rule 23(b)(3) for settlement purposes only, questions of law and fact common to the Settlement Class predominate over any questions affecting any individual Settlement Class Member, and a class action on behalf of the Settlement Class is superior to other available means of settling and disposing of this dispute.

  • Can I Roll Over or Transfer Amounts from Other IRAs or Employer Plans If properly executed, you are allowed to roll over a distribution from one Traditional IRA to another without tax penalty. Rollovers between Traditional IRAs may be made once every 12 months and must be accomplished within 60 days after the distribution. Beginning in 2015, just one 60 day rollover is allowed in any 12 month period, inclusive of all Traditional, Xxxx, SEP, and SIMPLE IRAs owned. Under certain conditions, you may roll over (tax-free) all or a portion of a distribution received from a qualified plan or tax-sheltered annuity in which you participate or in which your deceased spouse participated. In addition, you may also make a rollover contribution to your Traditional IRA from a qualified deferred compensation arrangement. Amounts from a Xxxx XXX may not be rolled over into a Traditional IRA. If you have a 401(k), Xxxx 401(k) or Xxxx 403(b) and you wish to rollover the assets into an IRA you must roll any designated Xxxx assets, or after tax assets, to a Xxxx XXX and roll the remaining plan assets to a Traditional IRA. In the event of your death, the designated beneficiary of your 401(k) Plan may have the opportunity to rollover proceeds from that Plan into a Beneficiary IRA account. In general, strict limitations apply to rollovers, and you should seek competent advice in order to comply with all of the rules governing rollovers. Most distributions from qualified retirement plans will be subject to a 20% withholding requirement. The 20% withholding can be avoided by electing a “direct rollover” of the distribution to a Traditional IRA or to certain other types of retirement plans. You should receive more information regarding these withholding rules and whether your distribution can be transferred to a Traditional IRA from the plan administrator prior to receiving your distribution.

  • Actual Settlement Date Accounting With respect to any sale or purchase transaction that is not posted to the Account on the contractual settlement date as referred to in Section 2.5, Bank shall post the transaction on the date on which the cash or Financial Assets received as consideration for the transaction is actually received by Bank.

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