Common use of DISTRIBUTION OF THE ESCROW SETTLEMENT AMOUNT Clause in Contracts

DISTRIBUTION OF THE ESCROW SETTLEMENT AMOUNT. If the Settlement becomes final as contemplated by section 13, the Administrator shall distribute the Settlement Amount out of the Escrow Account in accordance with the following priorities: (a) to pay all of the costs and expenses reasonably and actually incurred in connection with the provision of notices, locating Class Members for the sole purpose of providing notice to them, soliciting Class Members to submit a Claim Form (including the notice expenses reasonably and actually incurred by TMX Equity Transfer Services and Broadridge Financial Solutions Inc. in connection with the provision of notice of this Settlement to Class Members). For greater certainty, the Defendants are specifically excluded from eligibility for any payment of costs and expenses under this subsection; (b) to pay all of the costs and expenses reasonably and actually incurred by the Administrator and the Referee, relating to determining eligibility, the filing of Claim Forms, processing Opt-Out Forms and Claim Forms, resolving disputes arising from the processing of Claim Forms and administering and distributing the Settlement Amount; (c) to pay any taxes required by law to be paid to any governmental authority; and (d) to pay a pro rata share of the balance of the Escrow Settlement Amount to each Authorized Claimant in proportion to his/her/its claim as recognized in accordance with the Plan of Allocation.

DISTRIBUTION OF THE ESCROW SETTLEMENT AMOUNT. If the Settlement becomes final as contemplated by section 1311, the Administrator shall distribute the Settlement Amount out of monies in the Escrow Account in accordance with the following priorities: (a) to pay all of the costs and expenses reasonably and actually incurred in connection with the provision of notices, locating Class Members for the sole purpose of providing notice to them, soliciting Class Members to submit a Claim Form (including the notice expenses reasonably and actually incurred by TMX Equity Transfer Services and Broadridge Financial Solutions Inc. in connection with the provision of notice of this Settlement to Class Members)Form. For greater certainty, the Settling Defendants are specifically excluded from eligibility for any payment of costs and expenses under this subsection; (b) to pay all of the costs and expenses reasonably and actually incurred by the Administrator and the Referee, relating to determining eligibility, the filing and processing of Claim Forms, processing Opt-Out Forms and Claim Forms, resolving disputes arising from the processing of Claim Forms and administering and distributing the Settlement Amount; (c) to pay any taxes required by law to be paid to any governmental authority; and (d) to pay a pro rata share of the balance of in the Escrow Settlement Amount Account to each Authorized Claimant in proportion to his/her/its claim as recognized in accordance with the Plan of Allocation.

DISTRIBUTION OF THE ESCROW SETTLEMENT AMOUNT. If the Settlement becomes final as contemplated by section 1313 of this Agreement, and provided that the Opt-Out Threshold is not exceeded, the Administrator shall distribute the Escrow Settlement Amount out of the Escrow Account in accordance with the following priorities: (a) to pay Class Counsel Fees; (b) to pay all of the costs and expenses reasonably and actually incurred in connection with the provision of notices, locating Class Members for the sole purpose of providing notice to them, soliciting Class Members to submit a Claim Form (Form, including the notice expenses reasonably and actually incurred by TMX Equity Transfer Services and and/or Computershare, Broadridge Financial Solutions Inc. in connection with the provision of notice of this Settlement to Class Members). For greater certainty, the Defendants are specifically excluded from eligibility for any payment of costs and expenses under this subsection; (bc) to pay all of the costs and expenses reasonably and actually incurred by the Administrator and the Referee, relating to determining eligibility, the filing of Claim Forms, processing Opt-Out Forms and Claim Forms, resolving disputes arising from the processing of Claim Forms and administering and distributing the Settlement Amount; (cd) to pay any taxes required by law to be paid to any governmental authority; and (de) to pay a pro rata share of the balance of the Escrow Settlement Amount to each Authorized Claimant in proportion to his/her/its claim as recognized in accordance with the Plan of Allocation.

DISTRIBUTION OF THE ESCROW SETTLEMENT AMOUNT. If the Settlement becomes final as contemplated by section 1310, the Administrator shall distribute the Settlement Amount out of monies in the Escrow Account in accordance with the following priorities: (a) to pay Class Counsel Fees; (b) to pay all of the costs and expenses reasonably and actually expenses, not otherwise covered by the Advanced Payment, incurred in connection with the provision of notices, not locating Class Members for the sole purpose of providing notice to them, and soliciting Class Members to submit a Claim Form (including the notice expenses reasonably and actually incurred by TMX Equity Transfer Services and Broadridge Financial Solutions Inc. in connection with the provision of notice of this Settlement to Class Members)Form. For greater certainty, the Defendants are specifically excluded from eligibility for any payment of costs and expenses under this subsection; (bc) to pay all of the costs and expenses reasonably and actually incurred by the Administrator and the RefereeAdministrator, relating to determining eligibility, the filing and processing of Claim Forms, processing Opt-Out Forms and Claim Forms, resolving disputes arising from the processing of Claim Forms and administering and distributing the Settlement Amount; (cd) to pay any taxes required by law to be paid to any governmental authority; and (de) to pay a pro rata share of the balance of in the Escrow Settlement Amount Account to each Authorized Claimant in proportion to his/her/its claim as recognized in accordance with the Plan of Allocation.

DISTRIBUTION OF THE ESCROW SETTLEMENT AMOUNT. 7.1 If the Settlement becomes final as contemplated by section 13Section 12, Class Counsel (or the Administrator Court-appointed claims administrator, if one is appointed) shall distribute the Settlement Amount out of the Escrow Account in accordance with the following priorities: (a) a. to pay Class Counsel the Class Counsel Fees approved by the Court; b. to pay all of the costs and expenses reasonably and actually incurred in connection with the provision of notices, locating Class Members for the sole purpose of providing notice to them, or soliciting Class Members to submit a Claim Form (including the notice expenses reasonably and actually incurred by TMX Equity the Transfer Services and Broadridge Financial Solutions Inc. Agent in connection with the provision of notice of this Settlement to Class Members). For greater certainty, the Defendants are specifically excluded from eligibility for any payment of costs and expenses under this subsection; (b) c. to pay all of the costs and expenses reasonably and actually incurred by the Administrator Class Counsel and the Referee, relating to determining eligibility, the filing of Claim Claims Forms, processing Opt-Out Forms and Claim Claims Forms, resolving disputes arising from the processing of Claim Claims Forms and administering and distributing the Settlement Amount; (c) d. to pay any taxes required by law to be paid to any governmental authority; and (d) e. to pay a pro rata share of the balance of the Escrow Settlement Amount to each Authorized Claimant in proportion to his/her/its claim as recognized in accordance with the Plan of Allocation.

DISTRIBUTION OF THE ESCROW SETTLEMENT AMOUNT. If the Settlement becomes final as contemplated by section 1313 of this Agreement, the Administrator shall distribute the Escrow Settlement Amount out of the Escrow Account in accordance with the following priorities: (a) to pay Class Counsel Fees; (b) to pay all of the costs and expenses reasonably and actually incurred in connection with the provision of notices, locating Class Members for the sole purpose of providing notice to them, soliciting Class Members to submit a Claim Form (Form, including the notice expenses reasonably and actually incurred by TMX Equity Transfer Services and and/or Computershare, Broadridge Financial Solutions Inc. in connection with the provision of notice of this Settlement to Class Members). For greater certainty, the Defendants are specifically excluded from eligibility for any payment of costs and expenses under this subsection; (bc) to pay all of the costs and expenses reasonably and actually incurred by the Administrator and the Referee, relating to determining eligibility, the filing of Claim Forms, processing Opt-Out Forms and Claim Forms, resolving disputes arising from the processing of Claim Forms and administering and distributing the Settlement Amount; (cd) to pay any taxes required by law to be paid to any governmental authority; and (de) to pay a pro rata share of the balance of the Escrow Settlement Amount to each Authorized Claimant in proportion to his/her/its claim as recognized in accordance with the Plan of Allocation.

DISTRIBUTION OF THE ESCROW SETTLEMENT AMOUNT. ‌ (1) If the Settlement Agreement becomes final as contemplated by section 1313 of the Agreement, Class Counsel shall pay the amount in the Escrow Account, less Class Counsel Fees, to the Administrator. (2) The Administrator shall then distribute the Settlement Amount out of the Escrow Account in accordance with the following priorities: (a) to pay all of the costs and expenses reasonably and actually incurred in connection with the provision of notices, locating Class Members for the sole purpose of providing notice to them, and soliciting Class Members to submit a Claim Form (including the notice expenses reasonably and actually incurred by TMX Equity Transfer Services and Broadridge Financial Solutions Inc. the Administrator in connection with the provision of notice of this Settlement Agreement to Class Members). For greater certainty, the Defendants are specifically excluded from eligibility for any payment of costs and expenses under this subsection; (b) to pay all of the costs and expenses reasonably and actually incurred by the Administrator and the Referee, relating to determining eligibility, the filing of Claim Forms, processing Opt-Out Forms and Claim Forms, resolving disputes arising from the processing of Claim Forms and administering and distributing the Settlement Amount; (c) to pay any taxes required by law to be paid to any governmental authority; and (d) to pay a pro rata share of the balance of the Escrow Settlement Amount to each Authorized Claimant in proportion to his/her/its claim as recognized in accordance with the Plan of Allocation.