Calculation of Settlement Payments. Payments to Authorized Former Participants and Current Participants shall be calculated by the Settlement Administrator as follows: 6.4.1 The Settlement Administrator shall obtain from the Plan’s recordkeeper the quarter-ending account balances, quarter-ending balances invested in the Vanguard Prime Money Market Fund (“MMF”), and the quarter- ending balances invested in the Principal Diversified Real Asset Fund (“Principal Fund”) for each Class Member during the Class Period. 6.4.2 The Net Settlement Amount shall be divided into three portions based on the alleged damages: (1) 47% to the Money Market Fund Portion (“MMF Portion”); (2) 47% to the Recordkeeping and Investment Fee Portion (“Fee Portion”); and (3) 6% to the Principal Fund Portion (“Principal Fund Portion”). 6.4.3 The MMF Portion will be allocated among Class Members during the Class Period as follows: a percentage of the MMF Portion that is the product of the sum of the participant’s quarter-ending account balances invested in the MMF for each quarter during the Class Period divided by the sum of quarter-ending net asset value of the MMF for each quarter during the Class Period. 6.4.4 The Fee Allocation will be allocated among Class Members during the Class Period as follows: a percentage of Fee Portion that is the product of the sum of the participant’s quarter-ending total account balances for each quarter during the Class Period divided by the sum of the quarter- 6.4.5 The Principal Fund Portion will be allocated among Class Members during the Class Period as follows: a percentage of the Principal Fund Portion that is the product of the sum of the participant’s quarter-ending account balances invested in the Principal Fund for each quarter during the Class Period divided by the sum of the quarter-ending net asset value of the Principal Fund for each quarter during the Class Period. 6.4.6 No amount shall be distributed to a Class Member that is five dollars ($5.00) or less, because such an amount is de minimis and would cost more in processing than its value. All such amounts shall be retained in the Qualified Settlement Fund for distribution under Paragraph 6.13. 6.4.7 The Settlement Administrator shall determine the total settlement payment available to each Authorized Former Participant and Current Participant by calculating each such participant’s share of the Net Settlement as set forth above. 6.4.8 The Settlement Administrator shall utilize the calculations required to be performed herein for (a) making the required payments to Authorized Former Participants and Current Participants under Paragraphs 6.6 and 6.4.9 The total amount of all checks to be written by the Settlement Administrator plus the total amount of all credits that the Plan is instructed to make to Current Participants may not exceed the Net Settlement Amount. Nothing in this Paragraph 6.4.9 is intended to modify the requirements of Paragraph 6.8 below. In the event that the Settlement Administrator determines that the Plan of Allocation would otherwise require payments exceeding the Net Settlement Amount, the Settlement Administrator is authorized to make such changes as are necessary to the Plan of Allocation such that said totals do not exceed the Net Settlement Amount. 6.4.10 Neither the Defendant nor the Released Parties shall have any responsibility for or liability whatsoever with respect to the Plan of Allocation, including, but not limited to, the determination of the Plan of Allocation or the reasonableness of the Plan of Allocation.
Appears in 3 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement, Class Action Settlement Agreement
Calculation of Settlement Payments. Payments to Authorized Former Participants and Current Participants shall be calculated by the Settlement Administrator as follows:
6.4.1 The Settlement Administrator shall obtain from the Plan’s recordkeeper the quarter-ending account balances, balances and the quarter-ending balances invested in the Vanguard Prime Money Market Fund (“MMF”), and the quarter- ending balances invested in the Principal Diversified Real Asset Fund (“Principal Fund”) for each Class Member during the Class Period.
6.4.2 The Net Settlement Amount shall be divided into three two portions based on the alleged damages: (1) 4750% to the Money Market Fund Portion (“MMF Portion”); and, (2) 4750% to the Recordkeeping and Investment Fee Portion (“Fee Portion”); and (3) 6% to the Principal Fund Portion (“Principal Fund Portion”).
6.4.3 The MMF Portion will be allocated among Class Members during the Class Period as follows: a percentage of the MMF Portion that is the product of the sum of the participant’s quarter-ending account balances invested in the MMF for each quarter during the Class Period divided by the sum of quarter-ending net asset value of the MMF for each quarter during the Class Period.
6.4.4 The Fee Allocation will be allocated among Class Members during the Class Period as follows: a percentage of Fee Portion that is the product of the sum of the participant’s quarter-ending total account balances for each quarter during the Class Period divided by the sum of the quarter-
6.4.5 The Principal Fund Portion will be allocated among Class Members during the Class Period as follows: a percentage of the Principal Fund Portion that is the product of the sum of the participant’s quarter-ending account balances invested in the Principal Fund for each quarter during the Class Period divided by the sum of the quarter-quarter- ending net asset value of the Principal Fund Plan for each quarter during the Class Period.
6.4.6 6.4.5 No amount shall be distributed to a Class Member that is five dollars ($5.00) or less, because such an amount is de minimis and would cost more in processing than its value. All such amounts shall be retained in the Qualified Settlement Fund for distribution under Paragraph 6.13.
6.4.7 6.4.6 The Settlement Administrator shall determine the total settlement payment available to each Authorized Former Participant and Current Participant by calculating each such participant’s share of the Net Settlement as set forth above.
6.4.8 6.4.7 The Settlement Administrator shall utilize the calculations required to be performed herein for (a) making the required payments to Authorized Former Participants under Paragraph 6.7 and Current Participants under Paragraphs Paragraph 6.5 and 6.6 andof the Settlement Agreement; and (b) instructing the Plan as to the amounts to be distributed to the Current Participants under Paragraph 6.5 of the Settlement Agreement and calculating the total amount to deposit into each Current Participant’s Plan account to fulfill this instruction.
6.4.9 6.4.8 The total amount of all checks to be written by the Settlement Administrator plus the total amount of all credits that deposits to the Current Participants’ Plan is instructed to make to Current Participants accounts may not exceed the Net Settlement Amount. Nothing in this Paragraph 6.4.9 6.4.8 is intended to modify the requirements of Paragraph 6.8 below. In the event that the Settlement Administrator determines that the Plan of Allocation would otherwise require payments exceeding the Net Settlement Amount, the Settlement Administrator is authorized to make such changes as are necessary to the Plan of Allocation such that said totals do not exceed the Net Settlement Amount.
6.4.10 Neither the Defendant nor the 6.4.9 The Released Parties shall not have any responsibility for or liability whatsoever with respect to the Plan of Allocation, including, but not limited to, the determination of the Plan of Allocation or the reasonableness of the Plan of Allocation.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement