Common Fund. Defendant will make a one-time payment of the Gross Settlement Amount of $5,200,000 into a Common Fund. Class Members wishing to file a claim can make a claim against the Common Fund for personal injury claims, failure to warn claims, out-of-pocket expenses and past purchases of the Products of up to $19,000. All payments of claims, costs of administration of the Settlement, Attorneys’ Fees and Costs and Service Awards shall be paid only from this Common Fund. In no event will Defendant pay more than the amount of the Common Fund. All Claimants must submit a Claim Form, and Claimants must provide evidence in support of their claims. Claims will be evaluated based on criteria as generally set forth herein with discretion being placed with the Settlement Administrator and Special Master to implement the agreed-upon criteria and award a recovery within the range set forth in Section VII. For less significant claims or claims with undocumented proof of purchase or damages, the amount will be up to $20 per Claimant.
Common Fund. This is a common fund settlement to be administered on a claims-made basis.
Common Fund. In consideration of a full, complete, and final settlement of this Action, dismissal of the Action with prejudice, and the releases below, and subject to the Court’s approval, the Parties agree to the following relief: If no appeal of the Court’s Final Approval Order is timely filed, within 5 days of the Effective Date or within 35 days of the date of entry of the Final Judgment (whichever is later), Plains shall pay the Xxxxxx Class Settlement Amount into the Xxxxxx Class Common Fund, and shall pay the Property Class Settlement Amount into the Property Class Common Fund. Both the Xxxxxx Class Common Fund and the Property Class Common Fund shall be administered by the Settlement Administrator. If an appeal of the Court’s Final Approval Order is timely filed, the Parties will establish an escrow account into which Plains will pay the Xxxxxx Class Settlement Amount and the Property Class Settlement Amount within 35 days of the entry of the Final Judgment. The costs and fees of the escrow shall be paid from the amounts in the escrow account. The escrowed funds shall be invested in short-term U.S. Treasuries. If the appeal results in termination of this Settlement Agreement under Article VI.5, the escrowed funds, including any interest earned, shall be returned to Plains. If the appeal does not result in termination of the Settlement Agreement under Article VI.5, the escrowed funds, including any interest earned, shall be paid into the Xxxxxx Class Common Fund and the Property Class Common Fund within 10 days of the Effective Date. The Settlement Administrator shall disburse funds from the Xxxxxx Class Common Fund and the Property Class Common Fund pursuant to the terms of this Settlement Agreement and in accordance with the orders of the Court. In no event shall Defendants’ monetary liability under this Settlement Agreement exceed the sum of the Xxxxxx Class Settlement Amount and the Property Class Settlement Amount, i.e., U.S. $230 million ($230,000,000.00), as described in this Article.
Common Fund. 1. Defendants shall make a payment to a Common Fund that will be established to make payments to Class members who submit approved claims as detailed in Section II.D. The total size of the Common Fund will depend on the number of approved claims but will be a minimum of $80,000,000 and a maximum of $145,000,000 established for all Defendants combined.
2. Each Class member who submits a Claim within 180 Days of Final Approval and Judgment and can establish a Qualifying Loss with Proof of a Qualifying Loss, or a Software Upgrade Related Expense, shall be eligible for reimbursement as specified in Section II.D.3 & 5.
Common Fund. 2.1 The Parties have agreed to a Common Fund settlement with a maximum payment by Merck of up to $23 million (the "Settlement Amount") for claims made for out-of-pocket expenditures by members of the Class ("Settlement Class") and certain other payment obligations set forth below.
2.2 All of Merck's payment obligations under the Settlement Agreement will be made from the Common Fund and counted against the Settlement Amount. Under no circumstances shall Merck be required to pay into the Common Fund an amount greater than $23 million pursuant to this Agreement.
2.3 Subject to all of the terms of this Agreement, each member of the Settlement Class may obtain recovery of his/her out-of-pocket expenditures for the purchase of Vioxx for personal or family use and up to seventy-five dollars ($75.00) in the aggregate for his/her out-of-pocket costs and losses in connection with any and all Post-Withdrawal Medical Consultations (i.e., costs and losses due to such medical consultation and Vioxx-related diagnostic testing) by submitting a valid claim pursuant to the provisions of Section 11 below.
2.4 Payment will be made only for amounts for which proof of expenditures are presented to the Claims Administrator in accordance with Section 11 below. The Claims Administrator will determine the adequacy of the proof submitted in support of a claim. Only amounts paid by the Class Member submitting a claim (and not any amounts paid or reimbursed by third-party payors or others) will be reimbursed to a Class Member under the Settlement. Because class members will be entitled to payments on the basis of actual out-of-pocket expenditures or costs and losses about which they must submit proof under the terms of this Agreement, there is no minimum payment, except as otherwise provided in Section 11.2.1.
2.5 All reasonable attorneys' fees and expenses incurred in connection with the litigation of the consumer claims and related putative consumer class action cases involving Vioxx, the expenses incurred in providing the Court-approved notice to the Class of the proposed settlement, and the reasonable administrative expenses of the Claims Administrator incurred in connection with the operation of the Settlement, including providing notice to the class, creating and maintaining a class settlement website, processing requests for exclusion from the Class, and the processing of claims and other administration expenses of the Settlement, as approved by the Court, will be paid from th...
Common Fund. 2 Upon entry of the Preliminary Approval Order, the Town shall establish a Common Fund in the 3 amount of Three Million One Hundred Fifty Thousand Dollars ($3,150,000) for purposes of 4 effectuating this Settlement. Within three (3) court days of the Effective Date, the Town shall 5 distribute the Common Fund as follows:
6 6.1.1.1. First, to the Claims Administrator for services rendered in connection with 7 its duties herein;
Common Fund. All monies paid to the Treasurer by the individual participants shall be commingled and administered as a common fund. Except as above provided, no refunds shall be made to a Participant and no assessments shall be charged a Participant other than the annual assessment. However, if it appears to the Board of Directors that the liabilities of the Plan will exceed its cash assets, after taking into account any "excess insurance", the Board shall determine the amount needed to meet such deficiency and shall assess such amount against all participants pro-rata per enrollee. Such special assessment shall be paid by each participant within sixty (60) days after written notification of such assessment from the Chairman of the Board of Directors.
Common Fund. A common fund shall be established and maintained by the Executive Committee for the Exchange, for the purpose of funding the obligations of the Operating Agent under Article 3(a)(1), (4), (5), (7), (8) and (9) hereof. The maximum level of expenditure which may be incurred by the operation of the Exchange for each fiscal year is set by the Executive Committee, acting by unanimity, at its last meeting prior to the beginning of the next fiscal year. The Operating Agent shall provide the Executive Committee at that meeting with projections for the next three years to assist the Executive Committee in setting the level of expenditure for the upcoming fiscal year and for longer term budgetary planning. The Operating Agent's projections shall be based on the then current exchange rates and price levels. The Operating Agent may provide projections which allow for variations of up to 5% in exchange rates and price levels, and with variations of more than 5% if so requested by the Executive Committee. The Executive Committee, acting by unanimity, may at any time adjust the maximum level of expenditure, or modify the Programme of Work, to take account of any change of circumstances which would significantly affect the real value of resources available to the Operating Agent to operate the Exchange.
Common Fund. The Common Fund shall include 4 million dollars ($4,000,000.00) in cash. On or before January 8, 2016, Verizon shall transfer $4 million in cash to the Settlement Administrator. The Settlement Administrator shall deposit the Common Fund into segregated interest-bearing account(s) at one or more FDIC-insured institutions. The Settlement Administrator shall hold such funds for the benefit of the Settlement Classes, Class Counsel, and Xxxxxx, and shall disburse the funds only in accordance with the orders of the Court, except that the Settlement Administrator may disburse amounts to effectuate the CAFA Notice prior to the entry of the Preliminary Approval Order, if necessary to comply with CAFA.
Common Fund. The Common Fund in this Action is the value of the PERS pension benefits 16 conferred upon Class Members as a result of Class Counsel’s efforts, which Class Counsel 17 calculate, using actuarial methods, to be about $130 million. The Transferred Class Members 18 will become King County employees with full benefits for their positions as a result of Class 19 Counsel’s efforts. This is also very valuable relief, but is not part of the Common Fund as 20 defined in this Agreement. As part of the settlement, King County will also pay to DRS the 21 PERS contributions on behalf of the Class Members which will allow the Class Members to 22 obtain PERS pension benefits and to retire if they wish. This is also very valuable relief.
