Distribution of Any Remainder. It is the intent of the Parties that the entire Net Settlement Amount be distributed to the Subscriber Class Members. To that end, the Settlement does not require the filing of any claim forms as a condition of receiving a payment from the Net Settlement Amount. Nevertheless, the Parties recognize that even Subscriber Class Members who receive a payment may not cash or deposit their payment check or that certain checks may be undeliverable due to, inter alia, incorrect addresses. Any remaining funds from the Gross Settlement Amount after the Administrative and Notice Costs, Class Payment, Attorneys’ Fees and Costs, and Service Award are distributed, including those resulting from uncashed checks, will be distributed to the cy pres recipient, except that if, for any reason, the determination of Attorneys’ Fees and Costs occurs after Class Payments are distributed and the Attorneys’ Fees and Costs are less than those requested by Class Counsel’s Motion For Attorneys’ Fees and Costs, the Parties shall determine the extent to which any reduction in Attorneys’ Fees and Costs can be distributed to the Subscriber Class in an administratively and economically feasible manner. If any distribution is not administratively and economically feasible, any reduction will be distributed to the cy pres recipient. In no event shall the remainder be returned to Apple. By the hearing on the motion for preliminary approval, the Parties will publicly file with the Court a proposed cy pres recipient.
Distribution of Any Remainder. The Parties recognize that certain Class Members may not elect to receive Class Payments, and that Class Members who request and receive Class Payments by check may not cash or deposit their checks within the 90 days before which such checks expire. Accordingly, the Parties further recognize that there may be a remainder in the Net Settlement Amount. On or about 120 days after Class Payments have been mailed, the Settlement Administrator will determine the amount of any remainder in the Net Settlement Amount, taking into consideration any further anticipated Administrative and Notice Costs that the Settlement Administrator may incur (the “Net Settlement Amount Remainder”). The Settlement Administrator will then cause the Net Settlement Amount Remainder to be paid to the Consumer Federation of America, or such other equivalent organization agreed to by the Parties and approved by the Court, as the cy pres recipient of the Agreement. The Parties believe that, in light of the Consumer Federation of America’s mission and activities, its receipt of any cy pres award would appropriately advance the Parties’ goal of distributing the Gross Settlement Amount in a manner beneficial to the Class.
Distribution of Any Remainder. If at any time before full distribution of the trust estate the trustors and all of the trustors' descendants are deceased and no other disposition of the trust property is directed by this instrument, the remaining trust assets shall then be divided and distributed one-half to the heirs of XXXXXX XXXXXXXX XXX and one-half to the heirs of XXXXX X.
