Custody of Settlement Fund. The Settlement Fund shall be deemed to be in the custody of the Court and shall remain subject to the jurisdiction of the Court until such time as the entirety of the Settlement Fund is distributed pursuant to this Settlement Agreement or the balance returned to those who paid the Settlement Fund in the event this Settlement Agreement is terminated in accordance with this Agreement.
Custody of Settlement Fund. The Settlement Fund shall be deposited into the Escrow Account but shall remain subject to the jurisdiction of the Court until such time as the entirety of the Settlement Fund is distributed pursuant to this Settlement Agreement or returned to those who paid the Settlement Fund in the event this Settlement Agreement is voided, terminated, or cancelled. In the event this Settlement Agreement is voided, terminated, or cancelled due to lack of approval from the Court or any other reason, any amounts remaining in the Settlement Fund after payment of all Administrative Expenses incurred in accordance with the terms and conditions of this Agreement, including all interest earned on the Settlement Fund net of any Taxes, shall be returned to ReproSource and/or its insurer, and no other person or entity shall have any further claim whatsoever to such amounts.
Custody of Settlement Fund. The Settlement Fund held in the Escrow Account will be deemed to be in the custody of the Court and will remain subject to the jurisdiction of the Court and will be administered in accordance with the terms of this Settlement Agreement and the Orders of the Court. Except as provided herein, the Settlement Fund will not be paid to the Class Members pursuant to the Plan of Allocation until the Final Order becomes Non-Appealable.
Custody of Settlement Fund. Funds shall be held by the Settlement Administrator in an interest-bearing account. The Settlement Administrator shall provide a detailed accounting of any and all funds in the Settlement Fund, including any interest accrued thereon and payments made pursuant to this Agreement, upon request of any of the Parties. The Settlement Fund shall be deemed to be in the custody of the Court and shall remain subject to the jurisdiction of the Court until such time as the entirety of the Settlement Fund is distributed pursuant to this Settlement Agreement or the balance returned to those who paid the Settlement Fund in the event this Settlement Agreement is terminated in accordance with this Agreement.
Custody of Settlement Fund. The Settlement Fund shall be deemed to be in the custody of the Court and shall remain subject to the jurisdiction of the Court until such time as the entirety of the Settlement Fund is distributed pursuant to this Settlement Agreement or returned to Defendant in the event this Settlement Agreement is voided, terminated or cancelled.
(i) In the event this Settlement Agreement is voided, terminated or cancelled for any reason: (i) the Settlement Administrator, Class Representatives, Class Counsel, and Plaintiffs’ Counsel shall have no obligation to repay any of the Settlement Administration Expenses that have been paid or incurred in accordance with any term or condition of this Agreement or any costs or expenses incurred by Defendant in the furtherance of or related to this Agreement; (ii) any amounts remaining in the Settlement Fund, after payment of Administration Expenses paid or incurred in accordance with any term or condition of this Agreement, including all interest earned on the Settlement Fund net of any Taxes, shall be returned to Defendant; and (iii) no other person or entity shall have any further claim whatsoever to such amounts.
Custody of Settlement Fund. The amount paid by Defendant to advance notice and claims administration costs, as well as the Settlement Fund, upon final approval, shall be deemed to be in the custody of the Court and shall remain subject to the jurisdiction of the Court until such time as the entirety of the Settlement Fund is distributed pursuant to this Settlement Agreement or the balance returned to those who paid the Settlement Fund in the event this Settlement Agreement is terminated in accordance with Paragraphs 88-90.
Custody of Settlement Fund. The Settlement Fund shall be deemed to 15 be in the custody of the Court and shall remain subject to the jurisdiction of the Court 16 until such time as the entirety of the Settlement Fund is distributed pursuant to this 17 Settlement Agreement or returned to those who paid the Settlement Fund in the event 18 this Settlement Agreement is voided, terminated, or cancelled.
19 a. In the event this Settlement Agreement is voided, 20 terminated, or cancelled for any reason: (i) the Class Representatives and Class 21 Counsel shall have no obligation to repay any of the Administrative Expenses that 22 have been paid or incurred in accordance with Section IV.F; (ii) any amounts 23 remaining in the Settlement Fund after payment of Administrative Expenses paid or 24 incurred in accordance with Section IV.F of this Agreement, including all interest 25 earned on the Settlement Fund net of any Taxes, shall be returned to the Defendants 26 who made payment into the Settlement Fund; and (iii) no other person or entity shall 27 have any further claim whatsoever to such amounts.
Custody of Settlement Fund. The Settlement Fund shall be deemed to be in the custody of the Court and shall remain subject to the jurisdiction of the Court until such time as the entirety of the Settlement Fund is distributed pursuant to this Settlement Agreement or returned to Defendants (and/or their insurers, pursuant to written instructions from Defendants’ counsel) in the event this Settlement Agreement is voided, terminated or cancelled.
(i) In the event this Settlement Agreement is voided, terminated or cancelled, or the Effective Date otherwise fails to occur for any reason:
(i) the Settlement Administrator, Plaintiffs, and Class Counsel, shall have no obligation to repay any of the Settlement Administration Expenses that have been paid or incurred in accordance with any term or condition of this Settlement Agreement or any costs or expenses incurred by Defendants in the furtherance of or related to this Settlement Agreement; (ii) any amounts remaining in the Settlement Fund, after payment of Administration Expenses paid or incurred in accordance with any term or condition of this Settlement Agreement, including all interest earned on the Settlement Fund net of any Taxes, shall be returned to Defendants (and/or their insurers, pursuant to written instructions from Defendants’ counsel); and (iii) no other person or entity shall have any further claim whatsoever to such amounts.
Custody of Settlement Fund. The Settlement Fund shall be deposited in an 2 appropriate trust established by the Settlement Administrator but shall remain subject to the 3 jurisdiction of the Court until such time as the entirety of the Settlement Fund is distributed pursuant 4 to this Settlement Agreement or returned to those who paid the Settlement Fund in the event this 5 Settlement Agreement is voided, terminated, or cancelled.
6 a. In the event this Settlement Agreement is voided, terminated or 7 cancelled due to lack of approval from the Court or any other reason: (i) the Class Representatives 8 and Class Counsel shall have no obligation to repay any of the Administrative Expenses that have 9 been paid or incurred in accordance with the terms and conditions of this Agreement; (ii) any 10 amounts remaining in the Settlement Fund after payment of Administrative Expenses paid or 11 incurred in accordance with the terms and conditions of this Agreement, including all interest 12 earned on the Settlement Fund net of any Taxes, shall be returned to Defendant Kroger and (iii) no 13 other person or entity shall have any further claim whatsoever to such amounts.
