Distribution of Settlement Funds. If the Settlement Agreements are approved by the Court and become effective, the Settlement Funds (less taxes on the escrow fund interest, Court approved attorneys’ fees, costs and other expenses, including without limitation costs of Notice and Claims Administration), will be distributed to members of the Class pursuant to a Court approved plan of allocation and distribution. By August 18, 2003, Class Counsel will file a detailed plan of allocation, which may include a series of payments to be made over ten years or may include two or more sets of payments to be made over a shorter period of time to be determined by the Court. While the plan of allocation and distribution has not yet been finalized, plaintiffs will ask the Court to approve a distribution pro rata (based on a calculation of the participating Class members’ approximate amount of overcharges paid, as claimed by plaintiffs) to participating Class members. It has not yet determined whether participating Class members will need to provide documentation. Beginning on August 18, 2003, you may visit the Website for details concerning the plan for allocation and distribution.
Distribution of Settlement Funds. (a) Within ten (10) days after the Effective Date, the Settlement Administrator shall send the aggregate amount of the Settlement Class Member Payments, which are to be credited to Current Customers, to Defendant.
(b) Within thirty (30) days after the Effective Date, Defendant shall credit the Accounts of all Current Customers, based on the calculations provided by Class Counsel’s expert. Such payments to Current Customers will be accompanied by a description to be determined by Defendant. Defendant will bear any costs associated with implementing the Account credits to Current Customers discussed in this paragraph.
(c) Within thirty (30) days after the Effective Date, the Settlement Administrator shall send Settlement Class Member Payments to Former Customers by check mailed to the Customer’s last known address.
(d) For Former Customers with jointly held Accounts, Settlement Class Member Payments will be made by check, made payable to all Customers on the Account, and will be mailed to the first/primary Customer listed on the Account.
(e) The Settlement Administrator will make reasonable efforts to locate the proper address for any check returned by the Postal Service as undeliverable and will re-mail it one time to the updated address or, in the case of a jointly held Account, and in the Settlement Administrator’s discretion, to a Customer other than the one listed first.
(f) In the event of any complications arising in connection with the issuance or cashing of a check, the Settlement Administrator shall provide written notice to Class Counsel and Defendant’s Counsel. Absent specific instructions from Class Counsel, the Settlement Administrator shall proceed to resolve the dispute using the best practices and procedures to ensure that the funds are fairly and properly distributed to the Class Member entitled to receive the payment.
Distribution of Settlement Funds.
(1) Members of the Settlement Class shall be eligible for the relief provided in this Settlement Agreement.
(2) Each member of the Settlement Class shall be a “Claimant” for the purposes of receiving compensation from the Settlement Benefits.
Distribution of Settlement Funds to the Direct Group
Distribution of Settlement Funds. 16
7.1 Notice of Settlement Approval 16 7.2 Distribution of Settlement Funds 16
7.3 Class Counsel’s Fees and Disbursements 16 7.4 Final Calculation and Cy-Près Distribution 17 8.1 Reasonable Efforts 18 8.2 Mechanics of Administration 18 8.3 Actions in Abeyance 18 9.1 Release of the Releasees 19 9.2 No Further Claims 19 9.3 Material Term 20
10.1 No Admission of Liability or Concessions 20 10.2 Agreement Not Evidence or Presumption 21 11.1 Right of Termination 21 11.2 Steps Required on Termination 22 11.3 Notice of Termination 23 11.4 Effect of Termination 23 11.5 Disputes Relating to Termination 24 11.6 Handling of Confidential Information in the Event of Termination 24 12.1 Motions for Directions 25 12.2 Headings, etc 25 12.3 Computation of Time 26 12.4 Ongoing Jurisdiction 26 12.5 Governing Law 26 12.6 Severability 26 12.7 Entire Agreement 27 12.8 Amendments 27 12.9 Binding Effect 27 12.10 Counterparts 27 12.11 Survival 27 12.12 Negotiated Agreement 28 12.13 Language 28 12.14 Recitals 28 12.15 Acknowledgements 28 12.16 Authorized Signatures 29 12.17 Notice 29
Distribution of Settlement Funds. (1) Class Members shall be eligible for the relief provided in this Settlement Agreement in accordance with the Distribution Protocol.
(2) The Parties acknowledge that the allocation of compensation pursuant to the Settlement is without any admission of liability by the Defendant, and without any admission by the Defendant that Class Members are entitled, at law, to compensation or payment for any of the losses and damages alleged in the Actions.
Distribution of Settlement Funds. Subject to further order of the Ontario court, the settlement funds will be distributed on a pro rata (proportional) basis, based on the value of a Settlement Class Member’s Eligible Airfreight Shipping Services Purchases as against the value of all claimants’ Eligible Airfreight Shipping Services Purchases. To calculate Eligible Airfreight Shipping Services Purchases, Settlement Class Members will be categorized based on their position in the distribution chain and the following percentages will be applied their Airfreight Shipping Services Purchases. Settlement Class Members may fall into more than one category. Freight Forwarders who provided customer information in the first distribution 35% If a Settlement Class Member purchased $10,000 of Airfreight Shipping Services directly from an air cargo carrier and $20,000 of Airfreight Shipping Services from a Freight Forwarder, its Eligible Airfreight Shipping Services Purchases for the purposes of determining its pro rata share of the Net Settlement Funds would be calculated as follows:
Distribution of Settlement Funds. The Electrolytic Settlement Amounts and Film Settlement Amounts, minus court-approved lawyers’ fees, disbursements and applicable taxes, will be held in separate interest-bearing trust accounts, along with the previous settlement amounts, for the benefit of Electrolytic and Film Settlement Class Members in the Class Actions (the “Settlement Funds”). As the Class Actions remain ongoing and as further recoveries may be achieved, the Settlement Funds will not be distributed to Electrolytic or Film Settlement Class Members at this time. At a future time, the courts will approve a process for the payment of claims to class members. A further notice will be provided at the time of distribution. XXXX and Holy Stone are respectively the fifth and sixth groups of defendants to enter into settlements in the Class Actions. The Class Actions continue against 24 non-settling defendants in the Electrolytic Action and 28 non-settling defendants in the Film Action. In Québec, on March 22, 2019, the Superior Court authorized the electrolytic Class Action, which is now allowed to proceed towards a trial. In Ontario and British Columbia, the electrolytic and film Class Actions are continuing towards the certification stage.
Distribution of Settlement Funds. 1. Prior to the initial distribution, and in no event later than March 1, 2022, the Parties shall negotiate a Settlement Funds Distribution Procedure. The Settlement Funds Distribution Procedure will operate as an extension of this agreement, and shall be interpreted as incorporated within this agreement in whole.
2. For 2022, Settlement Funds shall be distributed as soon as reasonably practicable, and, such funds shall be distributed no later than June 1, 2022.
3. For all years after 2022, Settlement Funds shall be distributed annually no later than April 1 of the respective year.
4. Expenses for the administration of the distribution of settlement funds, pursuant to the Settlement Funds Distribution Procedure, shall be shared proportionally among the Parties.
Distribution of Settlement Funds. Members of the Direct Purchaser Settlement Class who have not validly excluded themselves from the Settlement shall be entitled solely to the Settlement Funds for settlement and satisfaction against the FFP Released Parties for the Released Claims, and shall not be entitled to any other payment or relief from FFP. Except as provided by order of the Court, no Class Member or Releasing Party shall have any interest in the Settlement Funds or any portion thereof. The Direct Purchaser Class and their counsel will be reimbursed and indemnified solely out of the Settlement Funds for all expenses including, but not limited to, the costs of notice of the Settlement to the Direct Purchaser Class. FFP shall not be liable for any costs, fees, or expenses of any of Direct Purchaser Class’ respective attorneys, experts, advisors, or representatives, but all such costs and expenses as approved by the Court shall be paid out of the Settlement Funds.
