Disbursements Prior to Effective Date. (A) Except as provided in Subsection (B) herein or by Court order, no distribution to any Settlement Class Member or disbursement of fees, costs and expenses of any kind may be made from the Settlement Fund until the Effective Date. As of the Effective Date, all fees, costs and expenses and Incentive Awards as approved by the Court may be paid out of the Settlement Fund.
(B) Upon written notice to the Escrow Agent by Interim Co-Lead Counsel with a copy to Deutsche Bank, the following may be disbursed prior to the Effective Date: (i) reasonable costs of Class Notice and Administration may be paid from the Settlement Fund as they become due (up to a maximum of $600,000); (ii) reasonable costs of the Escrow Agent may be paid from the Settlement Fund as they become due; (iii) taxes and tax expenses may be paid from the Settlement Fund as they become due; and (iv) Plaintiffs’ Counsel’s attorneys’ fees and costs and expenses as approved by the Court. In the event the Settlement Agreement does not receive Final Approval or is terminated pursuant to Section 21, Deutsche Bank shall be entitled to the return of all such funds (including any accrued interest thereon), except for the reasonable costs of Class Notice and Administration, costs of the escrow agent or any tax payments or tax expenses that have been actually incurred and/or disbursed prior to the date the Settlement was denied Final Approval or was terminated and provided that such costs shall not exceed $600,000.
(C) Interim Co-Lead Counsel will attempt in good faith to minimize the costs of the Escrow Agent, Class Notice and Administration.
Disbursements Prior to Effective Date. No amount may be disbursed from the Gross Settlement Fund unless and until the Effective Date, except that: (a) Notice, Administrative and Claims Administration Costs may be paid from the Gross Settlement Fund as they become due; (b) Taxes and Tax Expenses (as defined in ¶ 20(b) below) may be paid from the Gross Settlement Fund as they become due, and (c) attorneys’ fees and reimbursement of litigation costs may be paid as ordered by the Court, which may be disbursed during the pendency of any appeals, which may be taken from the judgment to be entered by the Court finally approving this Settlement.
Disbursements Prior to Effective Date. No amount may be disbursed from the
Disbursements Prior to Effective Date. No amount may be disbursed from the Gross Settlement Fund unless and until the Effective Date, except that: (a) Notice and Administrative Costs, which may not exceed two hundred thousand U.S. Dollars ($200,000) prior to entry of the Final Approval Order and may not exceed four hundred thousand U.S. Dollars ($400,000) in total, may be paid from the Gross Settlement Fund as they become due; (b) Taxes and Tax Expenses (as defined in ¶ 17(f) below) may be paid from the Gross Settlement Fund, as they become due; and (c) attorneys’ fees and reimbursement of litigation costs and expenses may be paid, as may be ordered by the Court after Final Approval (and may be disbursed during the pendency of any appeals which may be taken from the Judgment or Final Approval Order).
Disbursements Prior to Effective Date. The Gross Settlement Fund will remain subject to the jurisdiction of the Court until such time as it is fully distributed in compliance with the Settlement Agreement, Escrow Agreement, and any applicable Court order. No amount may be disbursed from the Gross Settlement Fund unless and until the Effective Date,
Disbursements Prior to Effective Date. No amount may be disbursed from the 21 Gross Settlement Fund until the Effective Date, except: (a) Notice and Administrative Costs, to 22 the extent authorized by the Court, may be paid from the Gross Settlement Fund as they become 23 due; (b) Taxes and Tax Expenses (as defined in ¶IV.5.(e) above) may be paid from the Gross
Disbursements Prior to Effective Date. No amount may be disbursed from the Gross Settlement Fund unless and until the Effective Date, except that: (a)
Disbursements Prior to Effective Date. No amount may be disbursed from the Settlement Fund or the Escrow Account unless and until the Effective Date, except that Taxes and Tax Expenses (as defined in paragraph G below) may be paid from the Gross Settlement Fund as they become due. Attorneys’ fees and reimbursement of litigation costs and expenses approved by the Court shall not be paid into the Settlement Fund or Escrow Account and may be paid by Swift directly to Class Counsel at any time before fifteen days following the Final Approval Date.
Disbursements Prior to Effective Date. No amount may be disbursed from the Gross 18 Settlement Fund unless and until the Effective Date, except that: (a) actual Notice, Administrative 19 and Claims Administration Costs, which shall be allocated pro rata from the Settlement Funds of all 20 other settling Defendants and in any event may not exceed $750,000 may be paid from the Gross 21 Settlement Fund as they become due; (b) Taxes and Tax Expenses (as defined in Paragraph 17 below) 22 may be paid from the Gross Settlement Fund as they become due; and (c) attorneys’ fees and 23 reimbursement of litigation costs may be paid as ordered by the Court, which may be disbursed during 24 the pendency of any appeals, which may be taken from the judgment to be entered by the Court finally 25 approving this Settlement.
Disbursements Prior to Effective Date. The Common Benefit Fund will remain subject to the jurisdiction of the Court, until such time as it is fully distributed in compliance with the Agreement and Distribution Plan and any applicable Court order. No amount may be disbursed from the Common Benefit Fund unless and until the Effective Date, except that: (a) Notice and Administrative Costs may be paid as they become due; and (b) Taxes and Tax Expenses (as defined in § IV.F.2.) may be paid from the Common Benefit Fund as they become due.
