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. 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. 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. Upon entry of the Preliminary Approval Order, the District shall establish a Common Fund in the amount of Two Million Five Thousand Dollars $2,005,000 for purposes of effectuating this Settlement. Within three (3) court days of the Effective Date, the District shall distribute the Common Fund as follows:
6.1.1.1. First, to the Claims Administrator for services rendered in connection with its duties herein;
Common Fund. 1. Within seven (7) calendar days after the notice to putative class members commences following the Court’s Preliminary Approval Order, Monsanto shall pay $21.5 million into a “Qualified Settlement Fund” created and maintained by the Claims Administrator, with a separate tax identification number for purposes of this Agreement only (the “Common Fund”).
2. The Common Fund shall cover all expenses associated with the Agreement as approved by the Court, including without limitation, Class Notice, Claims Administration Expenses, Class Member Claims, the Settlement Payment, Class Representative Incentive awards and Class Counsel’s legal expenses and attorneys’ fees. Interest on the Settlement Fund shall inure to the benefit of the Class.
3. All taxes on the income of the Settlement Fund, and any costs or expenses incurred in connection with the taxation of the Settlement Fund shall be paid out of the Settlement Fund, shall be considered to be a cost of administration, and shall be timely paid by the Claims Administrator without prior order of the Court. The Parties shall have no liability or responsibility for the payment of any such taxes.
4. In the event that requests for payment per unit (as set forth herein) are made in excess of the amounts available in the Common Fund after deducting all other expenses, then the payment per Claimant shall be reduced on a pro rata basis.
5. In no case shall Monsanto be required to contribute or pay additional funds to the Common Fund and/or the Settlement set forth herein, beyond the payments agreed hereto, including but not limited to any payments for attorneys’ fees, or fees associated with notice and/or administration.
Common Fund. 1. Within ten business days of the entry of the Approval Order, Defendants will deposit the $215,000.00 Common Fund in an account designated by the Third-Party Administrator.
Common Fund. 5.1.1 When the group consisting of I-xxx, KEK and other participating institutes of MNPP-xx (hereinafter referred to as “Project Group”) deems necessary to share common expenses of MNPP-xx among the Project Group, I-xxx shall bear its share of the common expenses.
5.1.2 The Project Group will decide the implementing measures of estimation, allotment and execution of the fund set out in 5.1.1.
5.1.3 The Project Group may request KEK to create a dedicated budget code to manage the fund (hereinafter referred to as “Common Fund”).
5.1.4 I-xxx will pay the administrative fees to KEK, which is five percent (5%) of the allotted amount for the management of the Common Fund.
Common Fund. 7.1. The financial year of the Association shall be from 1 January to 31 December unless otherwise agreed at a general meeting.
7.2. The Common Fund will be saved in a bank account opened for that purpose, such fund not to exceed the sum of estimated expenses for two years.
7.3. Owners will make contributions to the Common Fund on a monthly basis, due on or before the 25th day of each month.
7.4. If any expenses are incurred or liable to be incurred that will exceed the sums available in the Common Fund, the treasurer shall make a call on Owners in proportion to their ownership for additional payments to cover such expenses. Such calls shall be in the form of an invoice to each Owner.
7.5. If any Owner shall fail to pay a contribution under Clause 7.3 by the due date, or within 30 days of receipt of an invoice from the Treasurer under clause 7.4, he shall not be entitled to occupy the Boat until such deficiency has been made good, and shall be liable to pay any additional costs reasonably incurred by the Association in recovering the debt or in implementing this clause.
7.6. If any Owner shall fail to pay money on account of expenses or future expenses for a period of six months, the owner may be required by unanimous decision of the other Owners to sell their share, the proceeds from which shall first be used to pay arrears plus interest. In the event that the defaulting owner fails to sell their share within 60 days of notice of such decision by the other Owners, the Association may purchase and resell the share from the defaulting owner at a market price determined by the valuation of a reputable narrow boat broker, from which price the Association may deduct the arrears plus interest, and the Association’s costs in purchasing and reselling the share.
