Direct Purchaser Fund Clause Samples

Direct Purchaser Fund. (1) Settlement Class Members who are Direct Purchasers or Distributors of Vitamins (other than methionine) may claim compensation from the Direct Purchaser Fund. (2) Direct Purchasers and Distributors of Vitamins (other than methionine) shall apply to the Administrator for compensation in accordance with the process set out at Schedule M. (3) After 90 days from the date fixed by the Courts for persons to opt out of the Settling Proceedings, no Direct Purchaser or Distributor of Vitamins (other than methionine) may apply for compensation from the Direct Purchaser Fund without leave of the Court in the Settling Proceeding in which the Direct Purchaser or Distributor is a Settlement Class Member. (4) A Direct Purchaser or Distributor of Vitamins (other than methionine) may, within 30 days after receiving the Administrator’s rejection of eligibility or the Administrator’s calculation of the Purchase Price of Vitamins (other than methionine), refer that decision for review by the Referee in accordance with the provisions at Schedule H. (5) Subject to section 6.2(6), a Settlement Class Member: (a) who is a Direct Purchaser shall be paid 12% of the Purchase Price of Vitamins (other than methionine) purchased directly from a Defendant; (b) who is a Direct Purchaser shall be paid 10% of the Purchase Price of Vitamins (other than methionine) purchased directly from a Distributor; and (c) who is a Distributor shall be paid 1% of the Purchase Price of Vitamins (other than methionine) purchased directly from a Defendant. (6) If the total amount of valid claims on the Direct Purchaser Fund exceeds the amount available for distribution from the Direct Purchaser Fund, the payments to eligible Direct Purchasers and Distributors shall be reduced pro rata. (7) If there remains a balance in the Direct Purchaser Fund, after payment of Class Counsel Fees, Administration Expenses, Opt Out Refunds and all valid claims in accordance with this section, the balance, less the Administration Expenses Reserve, shall be transferred to and become part of the Consumer Fund to be distributed in accordance with the provisions of this Settlement Agreement.