Cy Pres Distribution. The following procedures shall govern the distribution of proceeds, if any, from the Net Settlement Fund to the Cy Pres Recipients.
Cy Pres Distribution. Pursuant to the Settlement Agreement, any unpaid portion of the Settlement Fund shall be paid to the National Consumer Law Center.
Cy Pres Distribution. Any funds remaining in the Settlement Fund after the second payment pursuant to Section 3.6 (if any), will be paid to the Cy Pres Recipient within thirty
Cy Pres Distribution. Any remaining funds will be paid to the Cy Pres Recipients under this Agreement within thirty (30) days following the Second Eligible Payment.
Cy Pres Distribution. If there are funds remaining in the Escrow Account after the distributions are completed pursuant to Paragraphs 33-36 of this Settlement, the Settlement Administrator shall distribute all such remaining funds through the cy pres distribution. All funds resulting from returned or un-cashed checks shall remain in an account maintained by the Settlement Administrator for six months, at which time the money will be distributed through the cy pres distribution. In the event that all funds remitted from Escrow Account to the Settlement Administrator are paid to Class Members, no cy pres distribution will be made.
Cy Pres Distribution. If there is any money remaining in the Settlement Fund after payment of the Settlement Costs (including costs of notice and claims administration), awards to Settlement Class Members and any Redistributions, such monies will be distributed to non-profit charitable organizations (the “Cy Pres Distribution”). The Cy Pres Distribution shall be made 60 days after completion of the distribution of settlement award payments or, if necessary, after all Redistributions have been exhausted, whichever is later. Plaintiff and Synchrony shall agree to up to four proposed recipients of the Cy Pres Distribution and the Parties shall submit a filing to the Court identifying such proposed recipients. The Cy Pres Distribution shall be made equally among the recipients designated by the Parties, subject to approval by the Court. If, for any reason, the Parties and/or the Court determine that one or more proposed recipients are not or are no longer appropriate recipients, the Parties shall agree on replacement recipient(s) of such monies, subject to approval by the Court.
Cy Pres Distribution. Any check to a Settlement Class Member that is not cashed within one hundred and twenty (120) days of its mailing by the Class Action Settlement Administrator will be void (the “Void Date”). Any funds remaining in the Settlement Fund as of the Void Date, less any funds necessary for remaining Settlement Costs, will be awarded cy pres no later than forty-five (45) days after the Void Date. In advance of the preliminary approval hearing, the parties will file a notice with the court identifying their agreed upon cy pres recipient.
Cy Pres Distribution. To the extent monies remain in the Fund after 120 calendar days have passed from the date on the checks mailed to Settlement Class Members, and the remaining monies in the Fund would not allow for a second distribution of at least $5 to each Settlement Class Member after deducting the costs associated with such a distribution, such money remaining in the Fund will comprise the Cy Pres Distribution. The Cy Pres Distribution shall be made 60 calendar days after the last day for Settlement Class Members to cash their Settlement Awards, subject to the terms above. To the extent a second distribution is made to Settlement Class Members, any remaining monies in the Fund after 120 calendar days have passed from the date on the checks will constitute the Cy Pres Distribution.
Cy Pres Distribution. 90. Any funds in the Net Settlement Fund following a Second Cash Award Distribution, or any Residual Funds in the Net Settlement Fund held in the Escrow Account if a Second Cash Award Distribution is not feasible (“Cy Pres Funds”), shall be paid through cy pres to non-profit charities that assist low-income consumers and/or provide consumer financial education in the geographic area of the Settlement Class Members, subject to Court approval. The Parties shall confer in good faith about appropriate cy pres beneficiaries after the stale date on checks to Settlement Class Members passes, and shall each propose beneficiaries for Court approval. Plaintiff will propose a beneficiary for 50% of the Cy Pres Funds, and Provident will propose a beneficiary for 50% of the Cy Pres Funds.
91. The Court may revise this cy pres provision as necessary without terminating or otherwise impacting this settlement, provided the Court’s revision does not increase the amount that Defendant would otherwise pay under this Agreement.
Cy Pres Distribution. (a) Any portion of the Class Member payment referenced in paragraph 3.1(a)(iv) that is not claimed by or distributed to Eligible Class Members may be paid out on a cy-pres basis to a qualified donee selected by the Plaintiffs and approved by the Ontario Court.
