Distribution of Settlement Payments. The Settlement is designed to exhaust the Settlement Fund. The Settlement Fund shall be used to make payments for the following: (i) Administrative Expenses, (ii) Fee Award and Costs, (iii) Service Award, and (iv) taxes. The remaining amount is the Net Settlement Fund. The Settlement Administrator will first apply the Net Settlement Fund to pay for CMIS claimed by Class Members. If Net Settlement Funds remain after paying for the CMIS, the Settlement Administrator will next use it to pay valid claims for Documented Loss Payments. The amount of the Net Settlement Fund remaining after all Documented Loss Payments are applied and the payments for the CMIS are made shall be referred to as the “Post CM/DL Net Settlement Fund.” The Settlement Administrator shall then utilize the Post CM/DL Net Settlement Fund to make all Cash Fund Payments pursuant to Section 3.2(c) herein. The amount of each Cash Fund Payment shall be calculated by dividing the Post CM/DL Net Settlement Fund by the number of valid claims submitted for Cash Fund Payments. In the event the Net Settlement Fund is insufficient to cover the payment for the CMIS claimed by Class Members, the duration of the CMIS coverage will be reduced to exhaust the fund. In such an event, no Net Settlement Funds will be distributed to Claimants for Approved Claims for Documented Loss Payments or for Cash Fund Payments. In the event that the aggregate amount of all Documented Loss Payments and payments for the CMIS exceeds the total amount of the Net Settlement Fund, then the value of the Documented Loss Payment to be paid to each Class Member shall be reduced, on a pro rata basis, such that the aggregate value of all Documented Loss Payments and payments due for CMIS does not exceed the Net Settlement Fund. In such an event, no Net Settlement Funds will be distributed to Claimants with Approved Claims for Cash Fund Payments. All such determinations shall be performed by the Settlement Administrator.
Distribution of Settlement Payments. Plaintiffs are going to create one or more qualified settlement fund (“QSF”) accounts within the meaning of Treas. Reg. § 1.468B-1, in a form agreed to by parties, following the entry of an Order of the Court creating them. The QSFs will be established at a bank of Plaintiffs’ Counsels’ choosing, and the parties agree that Biomet’s transfer of funds to a QSF does not constitute constructive receipt of a settlement amount by Plaintiffs’ Counsel or Plaintiffs. The Parties also agree that Biomet transfer of funds to the QSF does not constitute a commitment or promise by Biomet to authorize the disbursement of such funds to Plaintiffs’ Counsel or Plaintiffs, prior to satisfying the conditions described in Paragraphs 11 and 12 of this Settlement Agreement. The parties also agree to negotiate a settlement administration agreement described in Paragraph 13 below. One of the provisions to be included in the settlement administration agreement will allow certain contested cases to be paid, with Biomet’s consent, which will not be unreasonably withheld, before the qualifying percentage for mediated cases, as set forth in Paragraph 5 of this Settlement Agreement, is met.
Distribution of Settlement Payments. The Settlement Administrator shall, within fourteen (14) days of receiving payment for the initial damages amount from Defendant, send checks or other cash-equivalent form of payment to each Class Member who submitted a Valid Claim (Settlement Class Member). If after three (3) months a check remains uncashed and money remains of the amount Defendant paid to the Settlement Administrator, the remainder shall be donated to [an agreed-upon charity serving the Normandy area].
Distribution of Settlement Payments. The settlement payments provided for in paragraphs 9.2.1 and 9.2.3 shall be distributed to Class Members no later than ninety (90) days after the Effective Date. CardConnect, Class Counsel, and the Settlement Administrator shall work cooperatively to ensure that payments are accurately calculated and timely distributed.
Distribution of Settlement Payments. The Settlement is designed to exhaust the Settlement Fund. The Settlement Fund shall be used to make payments for the following: (i) Administrative Expenses, (ii) Fee Award and Costs, (iii) Service Award, and (iv) taxes. The remaining amount is the Net Settlement Fund. The Settlement Administrator will first apply the Net Settlement Fund to pay for CMIS claimed by Class Members. If Net Settlement Funds remain after paying for the CMIS, the Settlement Administrator will next use it to pay valid claims for Out-of- Pocket Losses. The amount of the Net Settlement Fund remaining after all Out-of- Pocket Losses are applied and the payments for the CMIS are made shall be referred to as the “Post CM/DL Net Settlement Fund.” The Settlement Administrator shall then utilize the Post CM/DL Net Settlement Fund to make all Cash Fund Payments and California Resident Premium Payments pursuant to Section 3.3(f-h) herein. In the event the Net Settlement Fund is insufficient to cover the payment for the CMIS claimed by Class Members, the duration of the CMIS coverage will be reduced to exhaust the fund. In such an event, no Net Settlement Funds will be distributed to Claimants for approved claims for Out-of-Pocket Losses, Cash Fund Payments, or California Resident Premium Payments. In the event that the aggregate amount of all Out-of-Pocket Losses and payments for the CMIS exceeds the total amount of the Net Settlement Fund, then the value of the Out-of-Pocket Losses to be paid to each Class Member shall be reduced, on a pro rata basis, such that the aggregate value of all Out-of-Pocket Losses and payments due for CMIS does not exceed the Net Settlement Fund. In such an event, no Net Settlement Funds will be distributed to Claimants with approved claims for Cash Fund Payments or California Resident Premium Payments. All such determinations shall be performed by the Settlement Administrator.
Distribution of Settlement Payments. Within thirty (30) days of the Settlement Effective Date, the Settlement Administrator will issue checks for the Settlement Payments of $200.00 to the Named Plaintiffs and the FCRA Class Members. Within ninety (90) days after the Settlement Administrator issued the Participating NYC Class Members who qualified for an Enhanced Payment Form W-9s, or within fourteen (14) days after which every Participating NYC Class Member who qualified for an Enhanced Payment has submitted a Form W-9 to the Settlement Administrator, whichever is earlier, the Settlement Administrator will issue checks for the Settlement Payments to the Participating NYC Class Members who qualified for an Enhanced Payment and timely submitted the required Form W-9
Distribution of Settlement Payments. In coordination with the Settlement Administrator, Uber shall distribute or cause to be distributed the Settlement Payment to each Class Member as follows:
Distribution of Settlement Payments. When and if the Court enters the Final Order and Judgment approving the Settlement, and the Effective Date has passed, the Settlement Administrator shall prepare a final list of all Qualified Claimants. The Settlement Administrator shall provide this list to Pepperidge Farm within 5 days after the Effective Date. For each Qualified Claimant on this list, the Settlement Administrator will calculate the amounts due to each Qualified Claimant and issue checks payable to said Qualified Claimants. All settlement payments to Named Plaintiffs and Qualified Claimants shall be reported on an IRS 1099 without withholdings. Named Plaintiffs and Qualified Claimants must pay their own portion of taxes on the settlement payments. Named Plaintiffs and Qualified Claimants shall be exclusively liable for any and all tax liability, and will indemnify Pepperidge Farm for any and all claims, damages, costs, and expenses (including reasonable attorneys ‘fees) arising from their failure to pay any and all taxes they owe as a result of the settlement payments they receive. The Service Enhancements to the Named Plaintiffs shall be reported on an IRS 1099 without withholdings. Named Plaintiffs must pay their own portion of taxes on the Service Enhancements.
Distribution of Settlement Payments. After the Court grants final approval of 5 the Settlement, and the Effective Date has passed, the Claims Administrator shall prepare a final 7 Member on this list, the Claims Administrator will calculate the amounts due to each Settlement 8 Class Member as directed in Sections 9.7 and 11.1, and provide that calculation to Class Counsel 9 and Defendant’s Counsel within five (5) days after the Effective Date.
Distribution of Settlement Payments. 49. Within two weeks after the issuance of the Court’s Final Approval Order, Defendants must deposit all amounts due into the Qualified Settlement Fund maintained by the Settlement Administrator.
