Claim Settlement Payments to Settlement Class. In consideration for the Releases set forth in this Agreement, Rack Room shall provide the following relief: Settlement Class Members must submit a timely, valid, and verified Claim Form, by the Claim Deadline in the manner required by this Agreement, to receive a Claim Settlement Payment from the Settlement Fund. Defendant will make available up to $25,969,965.00 (the “Settlement Fund”) plus a $10.00 voucher to each Settlement Class Claimant. Each Settlement Class Member who submits a timely, valid, correct and verified Claim Form by the Claim Deadline in the manner required by this Agreement, making all the required affirmations and representations, shall be sent a Claim Settlement Check by the Administrator in the amount of Five Dollars and Zero Cents ($5.00), less any Notice and Administration Costs, Attorneys’ Fees and Expenses, and Service Award, and will receive a Ten Dollar and Zero Cents ($10.00) voucher loaded onto that Settlement Class Claimant’s rewards account. Within sixty (60) days after the Settlement Fund is funded, the Administrator shall send, by first-class mail, a Claim Settlement Check to each Settlement Class Member who submits a timely, valid, correct, and verified Claim Form. Checks will be valid for one hundred and eighty (180) days from the date on the check. Any money that has not been distributed because of uncashed checks shall be used to defray Notice and Administrative Costs. Except as provided in this Section and any Service Award that the Court awards to Plaintiff, Rack Room shall have no obligation to make any other or further payments to Plaintiff or to any Settlement Class Member.
Claim Settlement Payments to Settlement Class. Settlement Class Members must submit a timely, valid, and verified Claim Form, by the Claim Deadline in the manner required by this Agreement, to receive a Claim Settlement Payment from the Settlement Fund. Each Settlement Class Member who submits a timely, valid, correct and verified Claim Form by the Claim Deadline in the manner required by this Agreement, making all the required affirmations and representations, shall be sent a Claim Settlement Check by the Administrator in an amount not to exceed Ten Dollars and Fifty Cents ($10.50), less each Settlement Class Member’s share of any Notice and Administration Costs, Service Award, and Attorney’s Fees and Expenses. Within sixty (60) days after the Effective Date, the Administrator shall send, by first-class mail, a Claim Settlement Check to each Settlement Class Member who submits a timely, valid, correct, and verified Claim Form. Checks will be valid for one hundred and eighty (180) days from the date on the check. All unclaimed checks will be reissued and remailed. If after reissuance and remailing the Claim Settlement Check remains unclaimed, it shall be escheated to the appropriate state authority. Except as provided in this Section and any Service Award that the Court awards to Plaintiff, the Defendants shall have no obligation to make any other or further payments to Plaintiff or to any Settlement Class Member.
Claim Settlement Payments to Settlement Class. In consideration for the Releases set forth in this Agreement, Defendant shall provide the following relief:
(a) Plaintiffs and Defendant will seek court approval of a class settlement to resolve all claims and potential claims of the Settlement Class during the Class Period.
(i) Within fourteen (14) days after Preliminary Approval, Defendant will make a deposit of $303,450 (the “Settlement Fund”) with the Settlement Administrator. Under no circumstances shall Defendant be required to provide any additional monetary or non-monetary consideration to the Class Members or Class Counsel.
(ii) All Class Members who do not opt-out or object to the Settlement in the time and manner outlined below (“Valid Class Members”) shall be sent a Claim Settlement Check by the Settlement Administrator on a pro rata basis not to exceed the gross amount of $1,050.00 (with an estimated net amount of $550) within 30 days after the Effective Date. Uncashed checks after 120 days will be void, and settlement funds from checks not cashed by Settlement Class Members in 120 days will revert back to Defendant. Any Settlement Class Member who fails to cash the check by the deadline shall be forever barred from receiving any distribution from the Settlement Fund or any other payment pursuant to this Agreement but shall in all other respects be bound by all of the terms of this Agreement, including any order entered by the Court, and will be permanently barred and enjoined from bringing any action, claim, or other proceeding of any kind against any person concerning any of the Released Claims.
(b) The Settlement Fund will be distributed as follows; in the event a Court first approves this settlement:
Claim Settlement Payments to Settlement Class. In consideration for the Releases set forth in Section V of this Agreement, YouFit shall provide the following relief:
Claim Settlement Payments to Settlement Class. In consideration for the Releases set forth in this Agreement, Colourpop shall provide the following relief, on the occurrence of the following conditions: Settlement Class Members must submit a timely, valid, and verified Claim Form, by the Claim Deadline in the manner required by this Agreement, to receive a Claim Settlement Payment from the Settlement Fund. Defendant will make available up to $2,862,191.25 (the “Settlement Fund”). Each Settlement Class Member who submits a timely, valid, correct and verified Claim Form by the Claim Deadline in the manner required by this Agreement, making all the required affirmations and representations, shall be sent a Claim Settlement Check by the Administrator in the amount of Eleven Dollars and Twenty Five Cents ($11.25), less any Notice and Administration Costs, Attorneys’ Fees and Expenses, and Service Award. On February 1, 2021, provided this date is after the Effective Date, the Administrator shall send, by first-class mail, a Claim Settlement Check to each Settlement Class Member who submits a timely, valid, correct, and verified Claim Form. In the event the Effective Date takes place after February 1, 2021, within sixty (60) days of the post-February 1, 2021 Effective Date the Administrator shall send, by first-class mail, a Claim Settlement Check to each Settlement Class Member who submits a timely, valid, correct, and verified Claim Form. Colourpop shall not be required to fund the Settlement Fund or provide any funds to the Administrator ahead of the deadlines set forth herein, so long as the Administrator has sufficient time to make payments as set forth herein. Checks will be valid for one hundred and eighty (180) days from the date on the check. Any money that has not been distributed because of uncashed checks shall be returned to Colourpop. Colourpop shall have no obligation to make any other or further payments beyond the maximum $2,862,191.25, the amount of the Settlement Fund.
Claim Settlement Payments to Settlement Class. In consideration for the Releases set forth in this Agreement, Defendant shall provide the following relief:
1. Plaintiffs and Xxxxxx’x will seek court approval of a class settlement to resolve all claims and potential claims of the Settlement Class during the Class Period.
Claim Settlement Payments to Settlement Class. In consideration for the Releases set forth in this Agreement, Defendant shall provide the following relief:
A. Defendant shall make available up to $590,000.00 in cash (the “Settlement Fund”) for payment of claims submitted by Class Members.
B. Settlement Class Members must submit a timely, valid, and verified Claim Form, by the Claim Deadline in the manner required by this Agreement, to receive a Claim Settlement Payment from the Settlement Fund.
C. Each Settlement Class Member who submits a timely, valid, correct and verified Claim Form by the Claim Deadline in the manner required by this Agreement, making all the required affirmations and representations, shall be sent a Claim Settlement Check by the Administrator in the amount of $87.45.
D. Within sixty (60) days after the Effective Date of receiving a timely, valid, correct, and verified Claim Form, the Administrator shall send, by first-class mail, a Claim Settlement Check to each Settlement Class Member who submits a timely, valid, correct, and verified Claim Form. Checks will be valid for one hundred and eighty (180) days from the date on the check.
E. Except as provided in this Section that the Court awards to Plaintiff, Defendant shall have no obligation to make any other or further payments to Plaintiff or to any Settlement Class Member.
Claim Settlement Payments to Settlement Class. In consideration for the Releases set forth in this Agreement, Defendant shall provide the following relief: Defendant will make available up to $1,864,260 for the Settlement Fund. Each Settlement Class Member who submits an Approved Claim shall receive a Claim Settlement Payment from the Settlement Fund. Within sixty (60) days of the Final Approval Order becoming Final, the Administrator will send, by first-class mail, a Claim Settlement Check to each Settlement Class Member with an Approved Claim. Checks will be valid for one hundred and eighty (180) days from the date on the check. Any undistributed funds will remain with Defendant. Except as provided in this Section and any Incentive Award that the Court awards to Plaintiff, Defendant shall have no obligation to make any other or further payments to Plaintiff or to any Settlement Class Member.
Claim Settlement Payments to Settlement Class. In consideration for the releases set forth in this Agreement, Defendant shall provide the following relief:
A. Defendant shall pay $1,000,000.00 in cash (the “Settlement Fund”) for payment of claims by Class Members. All Valid Class Members shall be sent a Claim Settlement Check by the Administrator on a pro rata basis not to exceed $1,321.00 per claimant (prior to the subtraction of a pro rata portion of any and all approved Notice and Administrative Costs, the Service Awards and any Attorneys’ Fees and Expenses, which is estimated to result in a total net payment of $700.00-$800.00 for each Settlement Class Member). Within thirty (30) days after the Effective Date, the Administrator shall send, by first-class mail, a Claim Settlement Check to each Valid Class Member. Checks will be valid for ninety (90) days from the date on the check. Except as provided in this Section and any Service Award that the Court awards to Plaintiffs, all monies for which will be paid from the Settlement Fund, Defendant shall have no obligation to make any other or further payments to Plaintiffs or to any Settlement Class Member.
Claim Settlement Payments to Settlement Class. Settlement Class Members must submit a timely, valid and complete Claim Form, by the Claim Deadline in the manner required by this Agreement, to receive a Claim Settlement Payment from the Settlement Fund. Each Settlement Class Member who submits a timely, valid and complete Claim Form by the Claim Deadline in the manner required by this Agreement, making all the required affirmations and representations, shall be sent a Claim Settlement Check for a pro rata portion of the Settlement Fund, after deducting all Notice and Administration Costs, any approved Attorneys’ Fees and Expenses and any approved Service Award. Within thirty (30) days after the Effective Date, the Claims Administrator shall send, by first-class mail, a Claim Settlement Check to each Settlement Class Member who submits a timely, valid and complete Claim Form. The amount of each payment shall be the amount of funds available for distribution (i.e., the Settlement Fund less any Notice and Administration Costs, approved Attorneys’ Fees and Expenses and approved Service Award) divided by the number of eligible Settlement Class Members to whom payments are being directed. The payments shall be made by checks, valid for one hundred twenty (120) days from the date on the check. Each Settlement Class Member shall be paid only once per telephone number; duplicative Claims per telephone number are not allowed. Within ten (10) days after the Effective Date the Claims Administrator shall make payment to Class Counsel for any approved Attorneys’ Fees and Expenses awarded by the Court. Within ten (10) days after the Effective Date the Claims Administrator shall make payment to Plaintiff for any Service Award awarded by the Court.
