Claims Process. We have appointed the senior trustee as the authorized representative to take action on behalf of holders of the notes under the guarantee. The authorized representative has agreed to make a demand of the FDIC upon our failure to pay interest or principal on the notes when due. As provided in the FDIC’s regulations, a holder will also have the option to elect not to be represented by the authorized representative. Upon our failure to pay interest or principal, the authorized representative and a holder that has elected not to be so represented must follow the FDIC’s required procedures for making a demand under the guarantee. In addition to the procedures described below, the authorized representative will be required when making a demand, to the extent not previously provided in the master agreement, to provide the FDIC with information regarding its authority, including: its financial and organizational capacity to act as representative, its exclusive authority to act on behalf of each noteholder and its fiduciary responsibility to the noteholders when acting as such, as established by the senior indenture, and its authority to make the assignment of each noteholder’s right, title, and interest in the notes to the FDIC. Any demand under the guarantee must be accompanied by a proof of claim, satisfactory in form and content to the FDIC, which includes evidence of the occurrence of a payment default and the claimant’s ownership of the applicable notes. The claimant must provide to the FDIC an assignment, satisfactory in form and content to the FDIC, of the noteholder’s right, title and interest in the notes to the FDIC and the transfer to the FDIC of any claim in any insolvency proceeding against us. The assignment must also grant to the FDIC the right to receive any and all distributions on the note from the proceeds of any bankruptcy. If a holder receives a payment on a note from a bankruptcy, any obligation of the FDIC under the guarantee would be reduced proportionally. Demands must be made by the authorized representative or by a holder that elects not to be represented by the authorized representative within 60 days of the occurrence of the payment default. Upon payment by the FDIC of any amount under the guarantee, the FDIC will be subrogated to the rights of the recipient noteholder against us, including in respect of any insolvency proceeding, to the extent of such payment.
Claims Process. Following receipt of Notice of a Claim from the Claiming Party, the Recipient Party shall have 20 Business Days to make such investigation of the Claim as is considered necessary or desirable. For the purpose of such investigation, the Claiming Party shall make available to the Recipient Party the information relied upon by the Claiming Party to substantiate the Claim, together with all such other information as the Recipient Party may reasonably request. If both Parties agree at or prior to the expiration of such 20 Business Day period (or any mutually agreed upon extension thereof) to the validity and amount of such Claim, the Recipient Party shall immediately pay to the Claiming Party, or expressly agree with the Claiming Party to be responsible for, the full agreed upon amount of the Claim, failing which the matter will constitute a Dispute and be resolved in accordance with the Dispute Resolution Procedure.
Claims Process. 1. The Notice of Class Action Settlement to be mailed to Settlement Class Members upon preliminary approval by the Court will include a Claim Form (attached as Exhibit D).
2. The Claim Form will explain that the deadline for submitting claims for payment from the Settlement Fund is 90 days from the date the Forms are mailed (the “Claims Period”).
3. The method for a putative Settlement Class Member to submit a claim is by returning a signed Claim Form to Class Counsel within the Claims Period.
4. All Settlement Class Members whose claims are postmarked or received at any time before the close of the Claims Period shall be considered “Claiming Class Members” and shall be entitled to receive their share of the Settlement Funds as outlined below. Claim Forms postmarked after the close of the Claims Period shall be accepted if received before the Final Approval Hearing and submitted in good faith within twenty (20) days after the 90th day from the Notice Date.
5. The Named Plaintiffs will not be required to submit a Claim Form and are automatically considered “Claiming Class Members.”
6. If Class Counsel receives a Claim Form from a person not currently recognized as a member of the Settlement Class, Class Counsel will send a copy of the form received to Defendants’ counsel. Defendants’ counsel will produce any record of court events, arrests, and/or jailings in the possession of the Alexander City Police Department or Municipal Court for that individual within the last 5 years. If the Parties agree that these documents show that the individual had an arrest and jailing for failure to pay fines and costs assessed by the Municipal Court within the period from September 8, 2013, to September 8, 2015, the Parties will agree to amend Exhibit A accordingly and add the individual as a Settlement Class Member. Class Counsel will inform the individual whether or not she has been added as a Settlement Class Member.
7. Class Counsel shall update Defendants’ counsel at least every 14 days as to Claims Forms that are received during the Claims Period. Either Class Counsel or Defendants shall have the right to challenge any Claim Form if they believe it does not represent a valid claim from a Settlement Class Member. In the event of a dispute over a Claim Form, including but not limited to situations arising under the preceding paragraph, the Court shall retain jurisdiction to adjudicate the dispute raised by a Party or a putative Settlement Class Member.
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Claims Process. As soon as is reasonably practicable after any party entitled to indemnification pursuant to Section 6.1 above (the "Indemnified Party") becomes aware of any Claim that it has and which is covered under Section 6.1 above, such Indemnified Party shall notify the party obligated to provide indemnification under such sections (the "Indemnifying Party") in writing, which notice shall describe the Claim in reasonable detail, and shall indicate the amount (estimated, if necessary to the extent feasible) of the Claim. The failure of any Indemnified Party to promptly give any Indemnifying Party such notice shall not preclude such Indemnified Party from obtaining indemnification under Section 6.1 above, except to the extent that such Indemnified Party's failure has prejudiced the Indemnifying Party's rights or increased its liabilities and obligations hereunder. In the event of a third party Claim which is subject to indemnification under Section 6.1 above, the Indemnifying Party shall promptly defend such Claim by counsel of its own choosing, subject to the approval of the Indemnified Party, which approval shall not unreasonably be withheld, and the Indemnified Party shall cooperate with the Indemnifying Party in the defense of such Claim including the settlement of the matter on the basis stipulated by the Indemnifying Party (with the Indemnifying Party being responsible for all costs and expenses of such settlement). Any such settlement shall include a complete and unconditional release of the Indemnified Party from the Claim. If the Indemnifying Party within a reasonable time after notice of a Claim fails to defend the Indemnified Party, or if the Indemnifying Party is, or at any time during the Term of this Agreement was, an Impermissible Investor, the Indemnified Party shall be entitled to undertake the defense, compromise, or settlement of such Claim at the expense of and for the account and risk of the Indemnifying Party.
Claims Process. The State and the Union agree that behaviors that contribute to a hostile, humiliating, or intimidating environment are unacceptable and shall not be tolerated. Providers who believe they are subject to such behavior by any agent of the State should first attempt resolution through the AFH Provider Complaint Resolution Process. The Provider should initiate the process as soon as possible, but no later than ninety (90) days from the occurrence of any incident. If resolution is not reached through the Complaint Process within thirty (30) days, the Provider may report their concerns directly to the OHA/DHS Director or designee. The OHA/DHS Director or designee shall provide a written response within thirty (30) days. No Provider shall be subject to retaliation for filing a complaint, giving a statement or otherwise participating in the administration of this process. The written response/decision of the DHS/OHA Director under this Section is not grievable under this Agreement.
Claims Process. A. Settlement Class Members who are Former AdvancePay Accountholders are entitled to recover the Claim Amount if they timely submit a complete and Valid Claim Form to the Settlement Administrator (either electronically or in paper form) that sets forth the phone number(s) associated with their account(s) and their current address. Claim Forms shall be submitted by and signed by the Settlement Class Member, under penalty of perjury, by mailing the form to the Settlement Administrator, emailing a scanned copy of the signed Claim Form to the Settlement Administrator, or by uploading the signed Claim Form to the Settlement Website. Claims for recovery in accordance with Sections IV.C.i and XI.A shall be submitted to the Settlement Administrator, which will validate and administer claims and benefits.
B. Claims may be submitted beginning on the Notice Date and for a period of 120 days thereafter. Claims submitted outside that period will not be valid. Any Settlement Class Member who files a Claim Form that is not substantially complete or in compliance with the Claim Form instructions shall be notified of the deficiency by the Settlement Administrator and shall have twenty-one (21) days to resolve any defects and submit a corrected, complete Claim Form. Any Settlement Class Member who fails to resolve such defects to the Settlement Administrator’s satisfaction shall be deemed not to have submitted a Valid Claim Form. The Settlement Administrator shall have the authority to make a final determination regarding the validity and amount of any such claim, which shall be final, binding, and not subject to further review.
C. The Settlement Administrator will provide the Parties’ counsel with monthly reports during the Class Notice Period that set forth the number of claims filed, the number of claims determined to be valid, the approximate value of the valid claims, and the number of claims determined to be invalid.
Claims Process. (1) In order to seek payment from the Settlement Amount, a Class Member must submit a completed Claim Form to the Administrator, in accordance with the provisions of the Plan of Allocation, on or before the Claims Bar Deadline and any Class Member who fails to do so shall not share in any distribution made in accordance with the Plan of Allocation unless the relevant court orders otherwise as provided in section 18.4.
(2) In order to remedy any deficiency in the completion of a Claim Form, the Administrator may require and request that additional information be submitted by a Class Member who submits a Claim Form. Such Class Members shall have until the later of thirty (30) days from the date of the request from the Administrator or the Claims Bar Deadline to rectify the deficiency. Any person who does not respond to such a request for information within the thirty
Claims Process. All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board of a claim for benefits under this Agreement shall be delivered to the Executive in writing and shall set forth the specific reasons for the denial and the specific provisions of this Agreement relied upon. The Board shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s claim has been denied. Notwithstanding the above, in the event of any dispute, any decision by the Board hereunder shall be subject to a de novo review by the arbitrator.
Claims Process. Settlement Class Counsel and Defendants have created a process for Settlement Class Members to claim benefits under the Settlement. The Court preliminarily approves this process and directs the Claims Administrator to make the Claim Form or its substantial equivalent available to Settlement Class Members in the manner specified in the Notice Plan. The Claims Administrator will be responsible for effectuating the claims process. Settlement Class Members who qualify for and wish to submit a Claim Form shall do so in accordance with the requirement and procedures specified in the Long Form Notice and the Claim Form. If the Final Order and Judgment is entered, all Settlement Class Members who qualify for any benefit under the Settlement but fail to submit a claim in accordance with the requirements and procedures specified in the Long Form Notice and the Claim Form shall be forever barred from receiving any such benefit, but will in all other respects be subject to and bound by the provisions in the Final Order and Judgment, including the releases contained therein.
Claims Process. Subject to the provisions of this Settlement Agreement pertaining to Sub-Fund A, each Settling State shall determine the procedures to provide notice and distribute restitution to its eligible Borrowers.
