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. 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. 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. 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 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. If there is any money remaining in the Debt Collection Settlement Fund after payment of the Settlement Costs, awards to Debt Collection Settlement Class Members and any Redistributions, such monies will be distributed to non-profit charitable organizations. The Cy Pres Distribution shall be made 240 days after completion of the distribution of Settlement Awards or, if necessary, after all Redistributions have been exhausted, whichever is later. The Parties shall agree upon the proposed recipient(s) of the Cy Pres Distribution and shall submit a filing to the Court identifying such proposed recipient(s). 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 Court approval. The Parties shall agree that the designated Cy Pres recipient(s) shall confirm in writing that funds will not be used for litigation or political advocacy, and that American Express’s or WAMS’s name will not be used without their consent.
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. The Parties propose National Consumer Law Center as the cy pes recipient, subject to approval by the Court.
Cy Pres Distribution. To the extent any money remains in the Fund after payment of the Settlement Awards to Settlement Class Members (e.g., Settlement Awards remain uncashed as of the First Settlement Award Deadline or, if applicable, the Second Settlement Award Deadline or are returned as “addressee unknown”) such monies shall be paid cy pres to National Endowment For Financial Education, a national charitable organization that provides consumer financial education to adults. The Cy Pres Distribution shall be made sixty (60) days after the last day for Settlement Class Members to cash their Settlement Awards set forth in Section III.G.1 and III.G.2 above.
