Common use of Disbursement of the Settlement Fund Clause in Contracts

Disbursement of the Settlement Fund. If this Settlement Agreement becomes final pursuant to the provisions of paragraph 9 herein, the Settlement Fund shall be distributed to Direct Purchaser Class members as ordered by the Court. Prior to the Settlement becoming final pursuant to the provisions of paragraph 9, disbursements for the costs and expenses of the notice to the Direct Purchaser Class and for administration of the Settlement Fund, up to $10,000.00, may be made from the Settlement Fund only upon written notice from Co-Lead Counsel to the Escrow Agent in the manner provided in the Escrow Agreement, with a copy provided to counsel for Defendants. Defendants shall have no liability or responsibility with respect to disbursements from or administration of the Settlement Fund. To the extent that there is any ambiguity or inconsistency concerning disbursements when this Settlement Agreement and the Escrow Agreement are read together, the terms of this Settlement Agreement shall control.

Disbursement of the Settlement Fund. If this Settlement Agreement becomes final pursuant to the provisions of paragraph 9 4 herein, the Settlement Fund shall be distributed to Direct Purchaser Class members as ordered by the Court. Prior to the Settlement becoming final pursuant to the provisions of paragraph 94, disbursements for the costs and expenses of the Class notice to the Direct Purchaser Class and for administration of the Settlement Fund, up to $10,000.0050,000.00, may be made from the Settlement Fund only upon written notice from the Plaintiffs’ Co-Lead Counsel to the Escrow Agent in the manner provided in the Escrow Agreement, with a copy provided to counsel for Defendants. Defendants shall have no liability or (except as otherwise provided in this paragraph 8 and in the Escrow Agreement) responsibility with respect to disbursements from or administration of the Settlement Fund. To the extent that there is any ambiguity or inconsistency concerning disbursements when this Settlement Agreement and the Escrow Agreement are read together, the terms of this Settlement Agreement shall control.

Disbursement of the Settlement Fund. If this Settlement Agreement becomes final pursuant to the provisions of paragraph 9 7 herein, the Settlement Fund shall be distributed to Direct Purchaser Class members as ordered by the Court. Prior to the Settlement becoming final pursuant to the provisions of paragraph 97, disbursements for the costs and expenses of the notice to the Direct Purchaser Class and for administration of the Settlement Fund, up to $10,000.00, may be made from the Settlement Fund only upon written notice from Co-the Lead Counsel for the Direct Purchaser Class Plaintiffs to the Escrow Agent in the manner provided in the Escrow Agreement, with a copy provided to counsel for the Cephalon Defendants. The Cephalon Defendants shall have no liability or responsibility with respect to disbursements from or administration of the Settlement Fund. To the extent that there is any ambiguity or inconsistency concerning disbursements when this Settlement Agreement and the Escrow Agreement are read together, the terms of this Settlement Agreement shall control.

Disbursement of the Settlement Fund. If this Settlement Agreement becomes final pursuant to the provisions of paragraph 9 7 herein, the Settlement Fund shall be distributed to Direct Indirect Purchaser Class members as ordered by the Court. Prior to the Settlement becoming final pursuant to the provisions of paragraph 97, disbursements for the costs and expenses of the notice to the Direct Indirect Purchaser Class and for administration of the Settlement Fund, up to $10,000.001,000,000.00, including implementation of the methodology to determine the amount of Draw Down, if any (except that this may not include any fees charged by the Indirect Purchaser Class’s experts), may be made from the Settlement Fund only upon written notice from Co-the Lead Counsel for the Indirect Purchaser Class Plaintiffs to the Escrow Agent in the manner provided in the Escrow Agreement, with a copy provided to counsel for Defendants. Defendants shall have no liability or responsibility with respect to disbursements from or administration of the Settlement Fund. To the extent that there is any ambiguity or inconsistency concerning disbursements when this Settlement Agreement and the Escrow Agreement are read together, the terms of this Settlement Agreement shall control.