Common use of Disbursements Prior to Effective Date Clause in Contracts

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. (A) No distribution to any Settlement Class Member may be made from the Settlement Fund until the Effective Date. Except as provided in Subsection (B) herein or by Court order, no distribution to any Settlement Class Member or disbursement of fees, costs 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 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 CoExchange-Lead Based Plaintiffs’ Counsel with a copy to Deutsche Bankcounsel for Settling Defendants, the following may be disbursed prior to the Effective Date: (i) reasonable costs of Class Notice and Administration administration may be paid from the Settlement Fund as they become due (up to a maximum of $600,000)200,000) and such costs incurred or paid shall be non-refundable; (ii) reasonable costs of the Escrow Agent may be paid from the Settlement Fund as they become due; (iii) taxes Taxes and tax expenses Tax Expenses may be paid from the Settlement Fund as they become due, as set forth in Section 10 below; and (iv) Exchange-Based Plaintiffs’ Counsel’s attorneys’ fees and costs and expenses as approved by the CourtCourt and as set forth in Section 4(E), above. In the event the Settlement Agreement does not receive Final Approval or is terminated pursuant to Section 21become Final, Deutsche Bank Settling Defendants shall be entitled to the return of all such funds (including any accrued interest thereonas set forth in Section 4(E) above), except for the reasonable costs of Class Notice and Administration, costs of the escrow agent or any tax payments or tax expenses Administration that have been actually incurred and/or disbursed prior to the date the Settlement was denied Final Approval or Agreement was terminated and provided that such costs shall not exceed $600,000any Taxes paid in respect of accrued interest or other income earned on the funds in the escrow account. (C) Interim CoExchange-Lead Based Plaintiffs’ Counsel will shall attempt in good faith to minimize the costs of the Escrow Agent, Class Notice Notice, and Administrationadministration.

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 BankTower, the following may be disbursed prior to the Effective Date: (i) reasonable costs of Class Notice and Administration administration may be paid from the Settlement Fund as they become due (up to a maximum of $600,000)375,000) without prior order of the Court; (ii) reasonable costs of the Escrow Agent may be paid from the Settlement Fund as they become duedue without prior order of the Court; (iii) taxes and tax expenses may be paid from the Settlement Fund as they become duedue without prior order of the Court; and (iv) Plaintiffs’ Counsel’s attorneys’ fees and costs and expenses as approved by the CourtCourt (in accordance with Section 4(F)). In the event the Settlement Agreement is terminated or does not receive Final Approval or is terminated pursuant to Section 21become final for any reason, Deutsche Bank Tower shall be entitled to the return of all such funds funds, plus all interest accrued thereon, within ten (including any accrued interest thereon)10) Business Days, except for the up to $375,000 for reasonable costs of Class Notice and Administration, costs of the escrow agent or any tax payments or tax expenses administration that have been actually incurred and/or disbursed prior to the date the Settlement was denied Final Approval terminated or was terminated and provided that such costs shall otherwise does not exceed $600,000become final for any reason, on the terms specified in Section 20. (C) Interim Co-Lead Counsel will attempt in good faith to minimize the costs of the Escrow Agent, Class Notice and Administrationadministration.