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. 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.
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. 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.
Common Fund a. In full consideration for the terms, conditions, and promises in this Agreement, Defendants agree to pay $215,000.00 to establish a common fund, which shall be a Qualified Settlement Fund, to resolve this Action (“the Common Fund Amount”). The Common Fund Amount is the maximum amount that Defendants are obligated to pay under this Agreement, exclusive of Defendants’ share of payroll taxes on the wage-based component of the Common Fund Amount. The Common Fund Amount includes the entire amount Defendants are obligated to pay under this Agreement, including, without limitation, settlement wage payments to Settlement Collective Members, attorneys’ fees, litigation costs, interest, penalties, enhancement payments, and Third-Party Administrator costs (described infra Section VI.A.4), except that Defendants are separately responsible for payment of all employer-side payroll taxes owed on the wage-based component of the Common Fund Amount.
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. 15 124. 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.
Common Fund. This is a common fund settlement to be administered on a claims-made basis. In order to be entitled to participate in the Settlement Fund, a Settlement Class Member must submit a valid Claim on or before 90 days following the Preliminary Approval Order or by the deadline established by the Court. Any Settlement Class Member who does not submit a timely, valid Claim shall not be entitled to share in the Settlement Fund, but nonetheless shall be barred and enjoined from asserting any of the Released Claims described herein.
Common Fund. Except as otherwise provided in this Plan or in the Trust Agreement, the assets of the Trust shall constitute a common fund in which each Participant shall have an undivided interest.
Common Fund. The Parties agree that the total value of this Settlement is Ninety Million Dollars ($90,000,000.00) and is comprised of the cash payments to Former Tenants, the credits to be provided to Current Tenants, the attorneys’ fees and expenses to Class Counsel, the Incentive Award to the Class Representative, payments for notice and claims administration, and the prospective relief to the Settlement Class, all as further described below (the “Common Fund”).
