Distribution of Settlement Fund Shares. 1. Within five (5) business days after the close of the Claims Period, Class Counsel will provide the Settlement Administrator the list of Named Plaintiffs and Settlement Class Members entitled to receive payment from the Settlement Fund (i.e., the Claiming Class Members) and the amounts they are to receive, as well as instructions on how the money will be disbursed and provided to the Named Plaintiffs and Settlement Class Members. The Settlement Administrator will make disbursal of funds from the Settlement Fund in accordance with the terms of this Settlement and only after entry of Judgment that becomes Final (as defined below). Any settlement payment not collected by any Claiming Class Member within 90 days of Class Counsel’s or their agents’ first attempts to contact the individual Claiming Class Member to advise him or her of the availability of his or her settlement payment shall revert back to the Settlement Fund and will be considered “Residual Funds.” The reversion of a Claiming Class Member’s settlement payment under this Section shall not impact the terms of this Settlement, and each such Claiming Class Member will continue to be bound by this Settlement, including its release provisions.
Distribution of Settlement Fund Shares. Class Counsel will provide the Settlement Administrator the list of named Plaintiffs, FLSA opt-in Plaintiffs, and Class Members entitled to receive payment from the Settlement Fund and the amounts they are to receive, as well as instructions on how the money will be disbursed and provided to the named Plaintiffs, FLSA opt-in Plaintiffs, and Class Members, most of whom reside in Mexico and are, therefore, unable to cash checks issued from a United States bank. The Settlement Administrator will make disbursal of funds from the Settlement Fund Account as directed by Class Counsel. Class Counsel will work with third parties to facilitate the coordination and delivery of the Settlement Funds to the named Plaintiffs, FLSA opt-in Plaintiffs, and Class Members, primarily through notifying them that funds are available for their retrieval at a designated bank in Mexico, or at a Western Union location. Any Settlement Funds not collected by the named Plaintiffs, FLSA opt-in Plaintiffs, and/or the Class Members within 150 days of Class Counsel or their agents’ first attempts to contact the individual named Plaintiff, FLSA opt-in Plaintiff, and/or Class Member to advise them of the availability of their Settlement Share shall revert back to the Settlement Fund Account for inclusion in the funds available and be considered “Residual Funds.”
