Distribution of Cash Awards Sample Clauses

Distribution of Cash Awards. No later than ten (10) days after the resolution of any disputes regarding rejected claims in accordance with the process identified in Section VII.D.5-6., the Settlement Administrator will provide Class Counsel and TASC’s Counsel with a report identifying the total of the Cash Awards and the amount of money in the Settlement Fund available to pay such Cash Awards (Available Cash Award Total). 1. If the Available Cash Award Total exceeds the Cash Awards: a. First, the payment to each Settlement Class Member who submits a Valid Claim under Section VII.C. shall be increased pro rata up to a maximum of four times of the total amount they would otherwise be entitled to under Section VI.C. above (for example, if the Available Cash Award Total exceeds the total of the Cash Awards by a factor of four, then a person who was to receive a Cash Award of two-thousand five-hundred dollars ($2,500) prior to any increase under this subsection would have the amount received as a result of this Settlement Agreement increased by a factor of four times their Cash Award, to ten thousand dollars ($10,000)). b. If, after the increase identified in Section VI.D.1.a. above is made, the Available Cash Award Total still exceeds the amount paid to Settlement Class Members, then any Additional Attorneys’ Fees Award (as defined in section VIII.A.2.) will be paid to the extent approved by the Court. c. If thereafter any additional funds remain in the Settlement Account, they shall be donated in equal parts to the following cy pres organizations no later than 60 days after the resolution of all other payment obligations, including any petition for an Additional Attorneys’ Fees Award: Shot in the Dark and Mass Liberation Arizona. 2. If, however, the total Cash Awards exceed the Available Cash Award Total, the Cash Awards to the Settlement Class Members who have submitted Valid Claims will be reduced on a pro rata basis until the Cash Awards equal the Available Cash Award Total. 3. Except as otherwise provided herein, all payments to eligible Settlement Class Members who submit Valid Claims will be made within 90 days after the Final Approval Order. All checks issued to the Settlement Class Members in accordance with this paragraph shall indicate on their face that they are void after 90 calendar days from the date issued. Payment may also be made electronically.
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Distribution of Cash Awards. As soon as practicable, but no later than sixty (60) days following the Effective Date, Cash Awards shall be mailed by the Claims Administrator to Eligible Settlement Class Members. The Claims Administrator shall mail, by first class mail, a check to each Eligible Settlement Class Member. Checks will be valid for 120 days from the date on the check. The amounts of any checks that remain uncashed more than 120 days after the date on the check will be reissued to Eligible Settlement Class Members, if practical, or paid as Cy Pres Distribution pursuant to Section III.E.
Sample 1
Distribution of Cash Awards. As soon as practicable, but no later than sixty (60) days following the Effective Date, Cash Awards shall be mailed by the Settlement Administrator to Eligible Settlement Class Members. The Settlement Administrator shall mail, by first class mail, a check to each Eligible Settlement Class Member. No skip tracing or re-mailing of returned mail will be required. Checks will be valid for ninety (90) days from the date on the check. The funds backing any checks that remain uncashed more than ninety (90) days after the date on the check will be returned to Defendants.
Sample 1
Distribution of Cash Awards. No later than ten (10) Days after the Parties have resolved any disputes regarding rejected claims in accordance with the process identified in Section V, Paragraphs B and C, the Settlement Administrator will provide Class Counsel and FoodState’s Counsel with a report identifying the total of the Cash Awards that would be payable if all Valid Claims were paid, and the Available Cash Award Total. 1. If the Available Cash Award Total exceeds the total amount that would be payable if all Valid Claims were paid, then, after the Effective Date and after all Valid Claims are paid, the excess shall be split equally between the Cy Pres Recipients. 2. If the Available Cash Award Total is less than the total amount that would be payable if all Valid Claims by Settlement Class Members who submitted Valid Claims accompanied by Adequate Proof of Purchase were paid, the Cash Awards to such Settlement Class Members will be reduced on a pro rata basis (based on the dollar value of such Valid Claims) until the Cash Awards to those Settlement Class Members equal the Available Cash Award Total. 3. If the Available Cash Award Total exceeds the total amount that would be payable if all Valid Claims by Settlement Class Members who submitted Valid Claims accompanied by Adequate Proof of Purchase were paid, but is less than the sum of (a) the dollar amount of all Valid Claims by Settlement Class Members who submitted Valid Claims accompanied by Adequate Proof of Purchase, and (b) the dollar amount of all Valid Claims by Settlement Class Members unaccompanied by Adequate Proof of Purchase, then the Cash Awards to all Settlement Class Members who submitted Valid Claims accompanied by Adequate Proof of Purchase shall be made in full, and the Cash Awards to the Settlement Class Members who have submitted Valid Claims unaccompanied by Adequate Proof of Purchase, will be reduced on a pro rata basis (based on the dollar value of such Valid Claims) until the Cash Awards to be paid to Settlement Class Members equals the Available Cash Award Total. 4. Any Cash Awards as provided in this Settlement Agreement will be made within one hundred twenty (120) Days after the Effective Date.
Sample 1
Distribution of Cash Awards. 1. No later than ten (10) Days after the Parties have resolved any disputes regarding rejected claims, in accordance with the process identified in Section V, Paragraphs B and C, the Settlement Administrator will provide Class Counsel and SRC’s Counsel with a report identifying the total of the Cash Awards that would be payable if all Valid Claims were paid. 2. Payment of Valid Claims shall commence within thirty (30) Days after the Effective Date, to be completed no later than one hundred twenty (120) Days after the Effective Date. 3. The checks for the cash portion of the Settlement shall have a notation on them stating that they will be void after ninety (90) Days. After the ninety (90) Day period expires, the Settlement Administrator shall void any uncashed checks and distribute any remainder to the Cy Pres Recipient within sixty (60) Days of voiding all uncashed checks, or as otherwise ordered by the Court.
Sample 1
Distribution of Cash Awards. (i) If money reverts to the Settlement Fund after the deadline to cash the initial checks has passed, the Settlement Administrator will make a second payment to each Settlement Class Member who cashed a check or accepted payment from the Settlement Administrator through another means. Settlement Class Members in Class B who cashed their initial checks or otherwise accepted their initial payment will be entitled to a Cash Award equal to 80% of the reverted settlement funds divided by the total number of people in Class B who cashed their initial checks, except that the Settlement Administrator shall not issue payments equal to less than $25.00. Settlement Class Members in Class C who cashed their initial checks or otherwise accepted their initial payment will be entitled to a Cash Award equal to 20% of the reverted settlement funds divided by the total number of people in Class C who cashed their initial checks or otherwise accepted their initial payment, except that the Settlement Administrator shall not issue payments equal to less than $25.00. (ii) If thereafter any additional funds remain in the Settlement Account, they shall be donated to Free Hearts in Nashville, Tennessee.
Sample 1
Distribution of Cash Awards. After calculating the pro-rata Cash Award due each Settlement Class Member who submitted a timely and valid Claim Form pursuant to this Section and Section 5, the Claims Administrator shall promptly distribute those payments electronically or by check after the Funding Date as specified in Section 5.05.
Sample 1
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Related to Distribution of Cash Awards

  • Distribution of Cash (a) Subject to Sections 5.02(c), (d) and (e), the Partnership shall distribute cash at such times and in such amounts as are determined by the General Partner in its sole and absolute discretion, to the Partners who are Partners on the Partnership Record Date with respect to such quarter (or other distribution period) in proportion with their respective Percentage Interests on the Partnership Record Date. (b) In accordance with Section 4.04(a)(ii), the LTIP Unitholders shall be entitled to receive distributions in an amount per LTIP Unit equal to the Common Partnership Unit Distribution. (c) If a new or existing Partner acquires additional Partnership Units in exchange for a Capital Contribution on any date other than a Partnership Record Date, the cash distribution attributable to such additional Partnership Units relating to the Partnership Record Date next following the issuance of such additional Partnership Units shall be reduced in the proportion to (i) the number of days that such additional Partnership Units are held by such Partner bears to (ii) the number of days between such Partnership Record Date and the immediately preceding Partnership Record Date. (d) Notwithstanding any other provision of this Agreement, the General Partner is authorized to take any action that it determines to be necessary or appropriate to cause the Partnership to comply with any withholding requirements established under the Code or any other federal, state or local law including, without limitation, pursuant to Sections 1441, 1442, 1445 and 1446 of the Code. To the extent that the Partnership is required to withhold and pay over to any taxing authority any amount resulting from the allocation or distribution of income to a Partner or assignee (including by reason of Section 1446 of the Code), either (i) if the actual amount to be distributed to the Partner (the “Distributable Amount”) equals or exceeds the Withheld Amount, the entire Distributable Amount shall be treated as a distribution of cash to such Partner, or (ii) if the Distributable Amount is less than the Withheld Amount, the excess of the Withheld Amount over the Distributable Amount shall be treated as a Partnership Loan from the Partnership to the Partner on the day the Partnership pays over such amount to a taxing authority. A Partnership Loan shall be repaid upon the demand of the Partnership or, alternatively, through withholding by the Partnership with respect to subsequent distributions to the applicable Partner or assignee. In the event that a Limited Partner fails to pay any amount owed to the Partnership with respect to the Partnership Loan within 15 days after demand for payment thereof is made by the Partnership on the Limited Partner, the General Partner, in its sole and absolute discretion, may elect to make the payment to the Partnership on behalf of such Defaulting Limited Partner. In such event, on the date of payment, the General Partner shall be deemed to have extended a General Partner Loan to the Defaulting Limited Partner in the amount of the payment made by the General Partner and shall succeed to all rights and remedies of the Partnership against the Defaulting Limited Partner as to that amount. Without limitation, the General Partner shall have the right to receive any distributions that otherwise would be made by the Partnership to the Defaulting Limited Partner until such time as the General Partner Loan has been paid in full, and any such distributions so received by the General Partner shall be treated as having been received by the Defaulting Limited Partner and immediately paid to the General Partner. Any amounts treated as a Partnership Loan or a General Partner Loan pursuant to this Section 5.02(d) shall bear interest at the lesser of (i) 300 basis points above the base rate on corporate loans at large United States money center commercial banks, as published from time to time in The Wall Street Journal, Eastern Edition, or (ii) the maximum lawful rate of interest on such obligation, such interest to accrue from the date the Partnership or the General Partner, as applicable, is deemed to extend the loan until such loan is repaid in full. (e) In no event may a Partner receive a distribution of cash with respect to a Partnership Unit if such Partner is entitled to receive a cash dividend as the holder of record of a REIT Common Share for which all or part of such Partnership Unit has been or will be redeemed.

  • Distributions of Cash Flow Cash flow for each taxable year of the Company shall be distributed to the Member at such times and in such amounts as the Member shall determine.

  • Distributions, Etc Upon the dissolution, winding up, liquidation or reorganization of the Tenant, whether in bankruptcy, insolvency or receivership proceedings or upon an assignment for the benefit of creditors or any other marshalling of the assets and liabilities of the Tenant, if any sum shall be paid or any property shall be distributed upon or with respect to any of the Pledged Collateral, such sum shall be paid over to the Secured Parties, to be held as collateral security for the Secured Obligations. If any dividend shall be declared on any of the Pledged Collateral (excluding cash dividends), or any share of beneficial interest or fraction thereof shall be issued pursuant to any split of beneficial interests involving any of the Pledged Collateral, or any distribution of capital shall be made on any of the Pledged Collateral, or any property shall be distributed upon or with respect to the Pledged Collateral pursuant to recapitalization or reclassification of the capital of the Tenant, the shares or other property so distributed shall be delivered to the Secured Parties to be held as collateral security for the Secured Obligations.

  • Distribution of Shares (a) Subject to the provisions of Paragraphs 6, 7, 10, 11, 12, 13 and 14 hereof, and to such minimum purchase and other requirements as may from time to time be indicated in the Fund's Prospectus, Distributor, acting as principal for its own account and not as agent for the Fund, shall have the right to purchase Shares from the Fund. Distributor shall sell Shares only in accordance with the Fund's Prospectus, on a "best efforts" basis. Distributor shall purchase Shares from the Fund at a price equal to the net asset value, shall sell Shares at the public offering price as defined in Paragraph 8, and shall retain all sales charges. (b) The Fund shall pay all expenses associated with notices, proxy solicitation material, the preparation of annual or more frequent revisions to the Fund's Prospectus and SAI and of printing and supplying the currently effective Prospectus and SAI to shareholders, other than those necessitated by Distributor's activities or rules and regulations related to Distributor's activities where such amendments or supplements result in expenses which the Fund would not otherwise have incurred. (c) The Distributor (or its affiliates) shall pay the costs of printing and supplying all copies of the Prospectus and SAI that it may reasonably request for use in connection with the distribution of Shares. The Distributor will also pay the expenses of the preparation, excluding legal fees, and printing of all amendments and supplements to the Fund's Prospectus and SAI if the amendment or supplement arises from Distributor's activities or rules and regulations related to Distributor's activities and those expenses would not otherwise have been incurred by the Fund. Distributor will pay all expenses incurred by Distributor in advertising, promoting and selling Fund Shares. (d) Prior to the continuous offering of any Fund Shares, commencing on a date agreed upon by the Fund and the Distributor, it is contemplated that the Distributor may solicit subscriptions for such Shares during a subscription period which shall last for such period as may be agreed upon by the parties hereto. The subscriptions will be payable within three business days after the termination of the subscription period, at which time the Fund will commence operations.

  • Liquidating Distributions Notwithstanding anything to the contrary in this Article VII or in Section 8.3 of the Master Agreement, upon the sale of the Property or the dissolution and liquidation of the Series in accordance with the provisions of this Agreement and of Section 8.3 of the Master Agreement, the proceeds of liquidation of the Series or the sale of the Property will be distributed within ninety (90) days of the date of sale of the Property or the dissolution and liquidation in the following order and priority: (i) First, to creditors of the Series, including the Members who are creditors, to the extent otherwise permitted by law, in satisfaction (whether by payment or the making of reasonable provision for payment thereof) of all debts, liabilities, obligations and expenses of the Series, including, without limitation, the expenses incurred in connection with the liquidation of the Series; and (ii) Second, to the Members pro rata in proportion to their holdings of Shares, with such Distributions to be made by the end of the Fiscal Year during which the liquidation occurs (or, if later, ninety (90) days after the date of the liquidation).

  • Other Distributions In case the Company shall fix a record date for the making of a distribution to all holders of shares of its Common Stock of securities, evidences of indebtedness, assets, cash, rights or warrants (excluding Ordinary Cash Dividends, dividends of its Common Stock and other dividends or distributions referred to in Section 13(A)), in each such case, the Exercise Price in effect prior to such record date shall be reduced immediately thereafter to the price determined by multiplying the Exercise Price in effect immediately prior to the reduction by the quotient of (x) the Market Price of the Common Stock on the last trading day preceding the first date on which the Common Stock trades regular way on the principal national securities exchange on which the Common Stock is listed or admitted to trading without the right to receive such distribution, minus the amount of cash and/or the Fair Market Value of the securities, evidences of indebtedness, assets, rights or warrants to be so distributed in respect of one share of Common Stock (such amount and/or Fair Market Value, the “Per Share Fair Market Value”) divided by (y) such Market Price on such date specified in clause (x); such adjustment shall be made successively whenever such a record date is fixed. In such event, the number of Shares issuable upon the exercise of this Warrant shall be increased to the number obtained by dividing (x) the product of (1) the number of Shares issuable upon the exercise of this Warrant before such adjustment, and (2) the Exercise Price in effect immediately prior to the distribution giving rise to this adjustment by (y) the new Exercise Price determined in accordance with the immediately preceding sentence. In the case of adjustment for a cash dividend that is, or is coincident with, a regular quarterly cash dividend, the Per Share Fair Market Value would be reduced by the per share amount of the portion of the cash dividend that would constitute an Ordinary Cash Dividend. In the event that such distribution is not so made, the Exercise Price and the number of Shares issuable upon exercise of this Warrant then in effect shall be readjusted, effective as of the date when the Board of Directors determines not to distribute such shares, evidences of indebtedness, assets, rights, cash or warrants, as the case may be, to the Exercise Price that would then be in effect and the number of Shares that would then be issuable upon exercise of this Warrant if such record date had not been fixed.

  • Distributions; Upstream Payments Declare or make any Distributions, except Upstream Payments and Permitted Distributions; or create or suffer to exist any encumbrance or restriction on the ability of a Subsidiary of Parent to make any Upstream Payment, except for restrictions under the Loan Documents, under Applicable Law or in effect on the Closing Date as shown on Schedule 9.1.15.

  • Distributions Generally (a) Subject to Section 7.01 respecting the final distribution on the Certificates, on each Distribution Date the Trustee or the Paying Agent shall make distributions in accordance with this Article V. Such distributions shall be made by check mailed to each Certificateholder's address as it appears on the Certificate Register of the Certificate Registrar or, upon written request made to the Securities Administrator at least five Business Days prior to the related Record Date by any Certificateholder owning an aggregate initial Certificate Principal Amount of at least $1,000,000, or in the case of a Class of Interest-Only Certificates or Residual Certificate, a Percentage Interest of not less than 100%, by wire transfer in immediately available funds to an account specified in the request and at the expense of such Certificateholder; provided, however, that the final distribution in respect of any Certificate shall be made only upon presentation and surrender of such Certificate at the Certificate Registrar's Corporate Trust Office; provided, further, that the foregoing provisions shall not apply to any Class of Certificates as long as such Certificate remains a Book-Entry Certificate in which case all payments made shall be made through the Clearing Agency and its Clearing Agency Participants. Wire transfers will be made at the expense of the Holder requesting such wire transfer by deducting a wire transfer fee from the related distribution. Notwithstanding such final payment of principal of any of the Certificates, each Residual Certificate will remain outstanding until the termination of each REMIC and the payment in full of all other amounts due with respect to the Residual Certificates and at such time such final payment in retirement of any Residual Certificate will be made only upon presentation and surrender of such Certificate at the Certificate Registrar's Corporate Trust Office. If any payment required to be made on the Certificates is to be made on a day that is not a Business Day, then such payment will be made on the next succeeding Business Day. (b) All distributions or allocations made with respect to the Certificateholders within each Class on each Distribution Date shall be allocated among the outstanding Certificates in such Class equally in proportion to their respective initial Class Principal Amounts or initial Class Notional Amounts (or Percentage Interests).

  • DISTRIBUTIONS AFTER DISSOLUTION Upon dissolution, the Company must pay its debts before distributing cash, assets, or capital to the Member or the Member’s interests. The Member agrees that any distributions occurring after the dissolution of the Company will follow the process outlined in this Agreement and Section 00-00-000 of the Act.

  • No Distribution Except with respect to any Shares that may be offered and sold pursuant to the Registration Statement, Counterparty is not entering into the Transaction to facilitate a distribution of the Shares (or any security that may be converted into or exercised or exchanged for Shares, or whose value under its terms may in whole or in significant part be determined by the value of the Shares) or in connection with any future issuance of securities.

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