Cash Settlement Fund Sample Clauses

Cash Settlement Fund. Xxxxxx will establish a non-reversionary Cash Settlement Fund of SIX MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($6,250,000.00). (a) The Cash Settlement Fund shall be used to pay all Cash Benefits, Settlement Administration Costs, Class Representative Service Payments, and Plaintiff’s Counsel’s Fees and Expenses. (b) On or before twenty-one (21) calendar days after entry of the Preliminary Approval Order, Grande shall pay the estimated Settlement Administration Costs to the administrator. (c) On or before ten (10) business days after the Settlement Date, Grande shall provide the remainder of the Cash Settlement Fund Amount to the Settlement Administrator that was not already provided to pay estimated Settlement Administration Costs.
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Cash Settlement Fund. Elixir will establish a non-reversionary Cash Settlement Fund of TWO MILLION THREE HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($2,300,000.00). (a) The Cash Settlement Fund shall be used to pay all Cash Benefits, all Cash Repeat Purchase Benefits, the Class Representative Service Payment, and Plaintiff’s Counsel’s Fees and Expenses. (b) On or before thirty (30) calendar days after entry of the Preliminary Approval Order, Elixir shall deposit 25% of the Cash Settlement Fund Amount ($575,000.00) with the Settlement Administrator to be held in escrow by the Settlement Administrator as a qualified settlement fund as defined in Treasury Regulation § 1.468X-x, et seq. (c) On or before thirty (30) calendar days prior to the Final Approval Hearing, Elixir shall deposit another 25% of the Cash Settlement Fund Amount ($575,000.00) with the Settlement Administrator. (d) On or before seven (7) calendar days after the Final Approval Hearing, Elixir shall deposit the remaining 50% of the Cash Settlement Fund Amount ($1,150,000.00) with the Settlement Administrator. (e) In the event that that Settlement does not become final as described in Section 4.5, the Settlement Administrator shall return all amounts deposited in the Cash Settlement Fund to Elixir within seven (7) calendar days.
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Cash Settlement Fund. R+F will establish a non-reversionary Cash Settlement Fund of THIRTY MILLION DOLLARS AND ZERO CENTS ($30,000,000.00). The Cash Settlement Fund shall be used to pay all Cash Benefits, Settlement Administration Costs, Class Representative Service Payments, and Plaintiffs’ Counsel’s Fees and Expenses and will be deposited into the Escrow Account as set forth in Section 2.4.
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Cash Settlement Fund. Defendant must pay the Settlement Fund, less the total amount that will be credited to Current Account Holders who are Class Members by Defendant as provided below in Section 5.3.2, into the Escrow Account no later than the Settlement Funding Deadline. The Settlement Fund shall be held by the Settlement Administrator in the Escrow Account for the benefit of the Class Members and to provide for the payments set forth in this Settlement Agreement, subject to Court approval.
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Cash Settlement Fund. Viega will pay a total of US $10,000,000 (ten million dollars) into an escrow account established in agreement with the Settlement Administrator (“Cash Settlement Fund”). The Cash Settlement Fund will be used to pay notice and claims administration expenses, to pay any service award amount as may be awarded to the Plaintiffs by the Court, to pay Class Plaintiffs’ attorneys’ fees and costs as may be awarded by the Court, to pay Cash Settlement Payments to Multi-State Settlement Subclass Members, and to pay any other expenses or amounts approved by the Court. The balance of the Cash Settlement Fund amount after costs, fees and as otherwise awarded by the Court have been deducted (the “Net Cash Settlement Fund”), will be distributed, in full, to eligible Multi-State Subclass Members, in accordance with the Cash Settlement Payment Plan of Allocation attached as Exhibit D hereto. Viega will pay the US $10,000,000 to the Settlement Fund as follows: 4.1.1 Xxxxx agrees that, within fourteen (14) days of preliminary approval of the settlement and receipt of the pertinent W-9 from the Settlement Administrator, it will advance into escrow the first $500,000 of the $10,000,000 Cash Settlement Fund “Notice Advance Payment”). The Notice Advance Payment will be used solely to pay the Settlement Administrator’s fees and expenses (i.e., for issuing notice to putative class members and related fees and costs). Class Counsel agree to advance any Settlement Administrator’s fees and expenses in excess of $500,000 incurred prior to Final Approval. All such Settlement Administrator fees and expenses paid by Class Counsel will be reimbursed from the Settlement Fund as provided in the Final Approval Order. 4.1.2 Viega will pay into escrow the remaining US$ 9,500,000 of the US$ 10,000,000 Cash Settlement Fund within 14 days of the entry of the Final Approval Order.
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Cash Settlement Fund. Defendant shall establish a Cash Settlement Fund of One Million Four Hundred and Fifty Thousand Dollars ($1,450,000 USD). Defendant shall pay the Cash Settlement Fund on the following schedule and subject to the following provisions: a. Within fourteen (14) calendar days of Preliminary Approval, the Parties shall consult with the Claims Administrator and determine an estimate for costs associated with the Claims Administrator administrating the Settlement (“Administration Costs”). Defendant shall deposit 50% of the estimated Administration Costs into the Cash Settlement Fund, maintained DocuSign Envelope ID: 6E3CCFD2-B3F3-4E95-AE7C-F5E417312631 as an Escrow Account established by the Class Action Settlement Administrator (“Initial Administration Payment”). b. Within thirty (30) calendar days of the Effective Date, Defendant shall pay the remainder of the $1,450,000 into the Escrow Account established by the Class Action Settlement Administrator (“Remaining Fund Payment”). The Remaining Fund Payment shall be used to pay the remaining Administration Costs, all other Settlements Costs (including any fees and cost award awarded by the Court to Class Counsel), all Service Awards and all Cash Settlement Awards to Settlement Class Members who elect to receive a Cash Settlement Award as opposed to a Gift Card Settlement Award. Subject to Court approval and oversight, the account receiving the Cash Settlement Fund shall be an interest-bearing account mutually agreed to by the Parties and controlled by the Class Action Settlement Administrator. Any interest earned on any amounts in the account shall be allocated to pay Settlement Costs. In no event shall Defendant be responsible for any payment, fees, or costs other than the Settlement Cash Fund of $1,450,000 and the gift cards issued in accordance with the terms of this Agreement. c. All funds held by the Class Action Settlement Administrator shall be deemed and considered to be in custodia legis of the Court and shall remain subject to the jurisdiction of the Court, until distributed pursuant to this Agreement. All funds held by the Class Action Settlement Administrator shall be deemed a “qualified settlement fund” within the meaning of the DocuSign Envelope ID: 6E3CCFD2-B3F3-4E95-AE7C-F5E417312631 United States Treasury Reg. § 1.46B-1 at all times since creation of the Escrow Account. All taxes (including any estimated taxes and any interest or penalties relating to them) arising with respect to the income earned...
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Related to Cash Settlement Fund

  • The Settlement Fund 28. Releasors’ sole recourse for settlement and satisfaction against the Releasees of all Released Claims is against the Settlement Fund, and Releasors shall have no other recovery against Fujikura or any other Releasee. 29. After this Agreement becomes final within the meaning of Paragraph 20, the Settlement Fund shall be distributed in accordance with a plan to be submitted to the Court at the appropriate time by Settlement Class Counsel, subject to approval by the Court. In no event shall any Releasee have any responsibility, financial obligation, or liability whatsoever with respect to the investment, distribution, or administration of the Settlement Fund, including, but not limited to, the costs and expenses of such distribution and administration except as expressly otherwise provided in Paragraph 27 of this Agreement. 30. End-Payor Plaintiffs and Settlement Class Counsel shall be reimbursed and indemnified solely out of the Settlement Fund for all expenses and costs, as provided by Court Order. Fujikura and the other Releasees shall not be liable for any costs, fees, or expenses of any of End-Payor Plaintiffs or the Settlement Class’s respective attorneys, experts, advisors, agents, or representatives, but all such costs, fees, and expenses as approved by the Court shall be paid out of the Settlement Fund. 31. Settlement Class Counsel’s Attorneys’ Fees, Reimbursement of Expenses, and Incentive Awards for Class Representatives (a) Settlement Class Counsel may submit an application or applications to the Court (the “Fee and Expense Application”) for: (i) an award of attorneys’ fees not in excess of one-third of the settlement fund; plus (ii) reimbursement of expenses and costs incurred in connection with prosecuting the Action and incentive awards, plus interest on such attorneys’ fees, costs and expenses at the same rate and for the same period as earned by the Settlement Fund (until paid) as may be awarded by the Court (the “Fee and Expense Award”). Settlement Class Counsel reserve the right to make additional applications for Court approval of fees and expenses incurred and reasonable incentive awards, but in no event shall Fujikura or any other Releasees be responsible to pay any such additional fees and expenses except to the extent they are paid out of the Settlement Fund. (b) Subject to Court approval, End-Payor Plaintiffs and Settlement Class Counsel shall be reimbursed and paid solely out of the Settlement Fund for all expenses including, but not limited to, attorneys’ fees and past, current, or future litigation expenses. Attorneys’ fees and expenses awarded by the Court shall be payable from the Settlement Fund upon award, notwithstanding the existence of any timely filed objections thereto, or potential appeal therefrom, or collateral attack on the settlement or any part thereof, subject to Settlement Class Counsel’s obligation to make appropriate refunds or repayments to the Settlement Fund with interest, if and when, as a result of any appeal and/or further proceedings on remand, or successful collateral attack, the fee or award of expenses is reduced or reversed, or in the event the Agreement is rescinded or terminated pursuant to Paragraph 25(h) or Paragraph 41. (c) The procedure for and the allowance or disallowance by the Court of the application by Settlement Class Counsel for attorneys’ fees, costs and expenses, and incentive awards for class representatives to be paid out of the Settlement Fund are not part of this Agreement, and are to be considered by the Court separately from the Court’s consideration of the fairness, reasonableness and adequacy of the Settlement, and any order or proceeding relating to the Fee and Expense Application, or any appeal from any such order shall not operate to terminate or cancel this Agreement, or affect or delay the finality of the judgment approving the settlement. (d) Neither Fujikura nor any other Releasee under this Agreement shall have any responsibility for, or interest in, or liability whatsoever with respect to any payment to Settlement Class Counsel of any Fee and Expense Award in the Action. (e) Neither Fujikura nor any other Releasee under this Agreement shall have any responsibility for, or interest in, or liability whatsoever with respect to the allocation among Settlement Class Counsel, and/or any other person who may assert some claim thereto, of any Fee and Expense Award that the Court may make in the Action.

  • Cash Settlement If Cash Settlement is applicable to any Option exercised or deemed exercised hereunder, in lieu of Section 8.1 of the Equity Definitions, Dealer will pay to Counterparty, on the relevant Settlement Date for each such Option, an amount of cash (the “Cash Settlement Amount”) equal to the sum, for each Valid Day during the Settlement Averaging Period for such Option, of (i) the Daily Option Value for such Valid Day, divided by (ii) the number of Valid Days in the Settlement Averaging Period.

  • CASH SETTLEMENT OPTION The undersigned Existing Tranche B Term Lender hereby irrevocably and unconditionally approves of, and consents to, the Amendment and having 100% of the outstanding principal amount of the Tranche B Term Loans held by such Existing Tranche B Term Lender repaid on the Fifth Amendment Effective Date and to purchase by assignment Tranche C Term Loans in a like principal amount. By choosing this option, each undersigned Existing Tranche B Term Lender hereby acknowledges and agrees that the Administrative Agent may, in its sole discretion, elect not to allocate Tranche C Term Loans to such Existing Tranche B Term Lender or to allocate less than 100% of the principal amount of such Existing Tranche B Term Lender’s Tranche B Term Loans in Tranche C Term Loans. SENIOR SECURED FLOATING RATE LOAN FUND By: By: Credit Suisse Asset Management, LLC, the Portfolio Manager for Propel Capital Corporation, the manager for Senior Secured Floating Rate Loan Fund By: /s/ Xxxxx Xxxxxx Name: Xxxxx Xxxxxx Title: Managing Director If a second signature is necessary: By: Name: Title: Name of Fund Manager (if any): Credit Suisse Asset Management, LLC The undersigned, a Lender holding Tranche B Term Loans (“you”), hereby consents to the Fifth Amendment to that certain First Lien Credit Agreement, dated as of August 20, 2015 (as amended, amended and restated, supplemented or otherwise modified prior to the date hereof, including by an Increase Supplement dated as of November 30, 2015, by the First Amendment to First Lien Credit Agreement dated as of November 30, 2015, by an Increase Supplement dated as of October 5, 2016, by the Second Amendment to First Lien Credit Agreement dated as of October 5, 2016, by an Increase Supplement dated as of January 31, 2017, by the Third Amendment to First Lien Credit Agreement dated as of January 31, 2017 and by the Fourth Amendment to the First Lien Credit Agreement dated as of August 14, 2017, the “Existing First Lien Credit Agreement”), among LBM BORROWER, LLC, a Delaware limited liability company (the “Borrower”), LBM MIDCO, LLC, a Delaware limited liability company (“Holding”), the Lenders party hereto and CREDIT SUISSE AG, CAYMAN ISLANDS BRANCH, as Administrative Agent (in such capacity, the “Administrative Agent”) and as Collateral Agent (in such capacity, the “Collateral Agent”) and the Lenders party thereto, which is proposed to be dated on or around February 15, 2018 and to be entered into among the Borrower, Holding, the several banks and financial institutions parties thereto as Lenders and the Administrative Agent (the “Amendment”) and to the attachment of this Existing Tranche B Term Lender Signature Page to the Amendment. Capitalized terms used and not otherwise defined herein shall have the respective meanings given to such terms in the Amendment or the Existing First Lien Credit Agreement, as applicable. [Check ONLY ONE of the two boxes below] x CASHLESS ROLLOVER OPTION Each undersigned Existing Tranche B Term Lender hereby irrevocably and unconditionally approves of, and consents to, the Amendment and the exchange (on a cashless basis) of 100% of the outstanding principal amount of the Tranche B Term Loans held by such Existing Tranche B Term Lender for a Tranche C Term Loan in a like principal amount. By choosing this option, each undersigned Existing Tranche B Term Lender hereby (i) acknowledges and agrees that the Administrative Agent may, in its sole discretion, elect not to exchange any amount of such Existing Tranche B Term Lender’s Tranche B Term Loans for Tranche C Term Loans or to exchange (on a cashless basis) less than 100% of the principal amount of such Existing Tranche B Term Lender’s Tranche B Term Loans for Tranche C Term Loans, in which case the difference between the current principal amount of such Existing Tranche B Term Lender’s Tranche B Term Loans and the allocated principal amount of Tranche C Term Loans will be prepaid on, and subject to the occurrence of, the Fifth Amendment Effective Date and (ii) agrees to the terms of the “Cashless Roll Letter” posted on or around the date hereof to each Existing Tranche B Term Lender and shall be a party to such “Cashless Roll Letter”, and be bound thereby, for all purposes hereof and thereof.

  • Qualified Settlement Fund The Administrator shall establish a settlement fund that meets the requirements of a Qualified Settlement Fund (“QSF”) under US Treasury Regulation section 468B-1.

  • Settlement Fund All payments under this Section IV shall be made into the Settlement Fund, except that, where specified, they shall be made into the Settlement Fund Escrow. The Settlement Fund shall be allocated and used only as specified in Section V.

  • Settlement Funds The Servicer shall be named as a payee on all insurance loss drafts and upon receipt thereof, the funds shall be credited to the Borrower's Insurance Proceeds balance and deposited into (a) where such funds will be applied to the repair and restoration of the related Mortgaged Property and where required by applicable state law, one or more separate escrow accounts, so that the balance on deposit in such accounts is fully insured at all times by the FDIC through either the BIF or SAIF or (b) where such funds will not be applied to the repair and restoration of the related Mortgaged Property, the respective Custodial P&I Account.

  • Gross Settlement Amount Except as otherwise provided by Paragraph 9 below, Defendant promises to pay $633,000.00 and no more as the Gross Settlement Amount and to separately pay any and all employer payroll taxes owed on the Wage Portions of the Individual Class Payments. Defendant has no obligation to pay the Gross Settlement Amount (or any payroll taxes) prior to the deadline stated in Section 5 of this Agreement. The Administrator will disburse the entire Gross Settlement Amount without asking or requiring Participating Class Members or Aggrieved Employees to submit any claim as a condition of payment. None of the Gross Settlement Amount will revert to Defendant.

  • Cashless Settlement Option ☐ to convert 100% of the outstanding principal amount of the Original Term Loans held by such Original Term Loan Lender (or such lesser amount allocated to such Lender by the First Refinancing Amendment Arranger) into Term B Loans in a like principal amount. ☒ to have 100% of the outstanding principal amount of the Original Term Loans held by such Original Term Loan Lender prepaid on the First Refinancing Amendment Effective Date and purchase by assignment the principal amount of Term B Loans committed to separately by the undersigned (or such lesser amount allocated to such Lender by the First Refinancing Amendment Arranger).

  • Payment Fund “Payment Fund” is defined in Section 2.6(a) of the Agreement.

  • Settlement Amount If the Non-Defaulting Party has declared an Early Termination Date pursuant to Section 7.2(b), the Non-Defaulting Party shall have the right to (i) accelerate all amounts owing between the Defaulting Party and the Non-Defaulting Party and to liquidate and terminate the undertakings set forth in this Agreement as between the Defaulting Party and the Non-Defaulting Party; and (ii) withhold any payments due to the Defaulting Party under this Agreement pending payment of the Termination Payment. The Non-Defaulting Party will calculate, in a commercially reasonable manner, the Settlement Amount with respect to the Defaulting Party’s obligations under the Agreement and shall net the Settlement Amount in the manner provided for in Section 7.3(c).

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