Claim Settlement Payments to Settlement Class. In consideration for the Releases set forth in Section V of this Agreement, as well as other consideration set forth herein, Off Lease Only shall provide the following relief: Settlement Class Members must submit a timely, valid, correct, and verified Claim Form, in the form of Exhibit A or A-1, 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, in the form of Exhibit A or A-1, 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 up to Fifty Dollars ($50.00). If after deduction from the Settlement Fund of court approved attorney fees, Incentive Payment, and Notice and Administrative Costs, the net Settlement Fund is insufficient to pay $50.00 for each valid Claim, then the Claim Settlement Payment shall be determined on a pro rata basis. 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 twenty (120) days from the date on the check. Any money that has not been distributed due to uncashed checks shall be returned to the Settlement Fund. Except as provided in this Section and any Class Representative Incentive Payment that the Court awards to Named Plaintiff, Off Lease Only shall have no obligation to make any other or further payments to Named Plaintiff or any Settlement Class Members.
Appears in 1 contract
Samples: Settlement Agreement
Claim Settlement Payments to Settlement Class. In consideration for the Releases set forth in Section V of this Agreement, as well as other consideration set forth herein, Off Lease Only Rack Room shall provide the following relief: Settlement Class Members must submit a timely, valid, correct, and verified Claim Form, in the form of Exhibit A or A-1, 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, in the form of Exhibit A or A-1, 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 up to Fifty of Five Dollars and Zero Cents ($50.005.00). If after deduction from the Settlement Fund of court approved attorney fees, Incentive Paymentless any Notice and Administration Costs, Attorneys’ Fees and Expenses, and Notice Service Award, and Administrative Costs, the net will receive a Ten Dollar and Zero Cents ($10.00) voucher loaded onto that Settlement Fund is insufficient to pay $50.00 for each valid Claim, then the Claim Settlement Payment shall be determined on a pro rata basisClass Claimant’s rewards account. Within sixty (60) days after the Effective DateSettlement 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 correct, and verified Claim Form. Checks will be valid for one hundred twenty and eighty (120180) days from the date on the check. Any money that has not been distributed due to because of uncashed checks shall be returned used to the Settlement Funddefray Notice and Administrative Costs. Except as provided in this Section and any Class Representative Incentive Payment Service Award that the Court awards to Named Plaintiff, Off Lease Only Rack Room shall have no obligation to make any other or further payments to Named Plaintiff or to any Settlement Class MembersMember.
Appears in 1 contract
Samples: Settlement Agreement
Claim Settlement Payments to Settlement Class. In consideration for the Releases set forth in Section V of this Agreement, as well as other consideration set forth hereinXxXxxxxx Ford, Off Lease Only Inc. shall provide the following relief: Settlement Class Members must submit a timely, valid, correct, and verified Claim Form, in the form of Exhibit A or A-1, 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 $1,856,000.00 (the “Settlement Fund”) in funds. Each Settlement Class Member who submits a timely, valid, correct and verified Claim Form, in the form of Exhibit A or A-1, 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 an amount up not to Fifty Dollars (exceed $50.00). If after deduction from the 32.00 per prerecorded message received by each Settlement Fund of court approved attorney feesClass Member, Incentive Paymentless notice and administration costs, incentive award, and Notice and Administrative Costs, the net Settlement Fund is insufficient to pay $50.00 for each valid Claim, then the Claim Settlement Payment shall be determined on a pro rata basisclass counsel’s fees. Within sixty (60) days after the Effective DateDate 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 correct, and verified Claim Form. Checks will be valid for one hundred twenty and eighty (120180) days from the date on the check. Any money that The Administrator will invoice XxXxxxxx Ford, Inc. for claims once a claim has not been distributed determined as valid. XxXxxxxx Ford, Inc. will transfer said funds due to uncashed checks shall be returned to the Settlement FundAdministrator for payment of only verified and valid claims. Except as provided in this Section and any Class Representative Incentive Payment Service Award that the Court awards to Named Plaintiff, Off Lease Only XxXxxxxx Ford, Inc. shall have no obligation to make any other or further payments to Named Plaintiff or to any Settlement Class Members.Member. Any funds remaining in the available Settlement Fund after payment of all Claims made, the Service Award to the Name Plaintiff, Notice and Administrative Costs, and Plaintiff’s Attorneys Fees, will remain with or be returned to Defendant XxXxxxxx Ford, Inc.
Appears in 1 contract
Samples: Settlement Agreement
Claim Settlement Payments to Settlement Class. In consideration for the Releases set forth in Section V of this Agreement, as well as other consideration set forth herein, Off Lease Only Checkers shall provide the following relief: Settlement Class Members must submit a timely, valid, correct, and verified Claim Form, substantially in the form of Exhibit A or A-1A, 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, substantially in the form of Exhibit A or A-1A, 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 up to of Four Hundred Fifty Dollars ($50.00450.00). If after deduction from , subject to a pro rata reduction in the event the amount of the Settlement Fund Funds available after payment of court approved attorney feesclass administration, Incentive Payment, attorneys’ fees and Notice costs and Administrative Costs, the net Settlement Fund an incentive award to Xxxx Xxxxxxxx is insufficient to pay every Settlement Class Member who submits a timely, valid, correct and verified Claim Form $50.00 for each valid Claim, then the Claim Settlement Payment shall be determined on a pro rata basis450. Within sixty twenty-eight (6028) 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 twenty (120) days from the date on the check. Any money that has not been distributed due to uncashed checks or unclaimed funds shall be returned to the Settlement Fundremain with Checkers. Except as provided in this Section and any Class Representative Incentive Payment Service Award that the Court awards to Named Plaintiff, Off Lease Only Checkers shall have no obligation to make any other or further payments to Named Plaintiff or any Settlement Class Members.
Appears in 1 contract
Samples: Settlement Agreement