DISTRIBUTION OF THE SETTLEMENT AMOUNT. (1) On or after the Effective Date, the Administrator shall distribute the remainder of the Settlement Amount in accordance with the following priorities: (a) to pay Class Counsel Fees as approved by the Courts; (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, including the notice expenses reasonably and actually incurred by the Administrator and brokerage firms in connection with the provision of notice of this Settlement to Class Members (provided, however, that the Administrator shall not pay in excess of ten thousand Canadian dollars ($10,000.00) in the aggregate to all brokerage firms and, if the aggregate amount claimed by such brokerage firms exceeds ten thousand Canadian dollars ($10,000.00), then the Administrator shall distribute the sum of ten thousand Canadian dollars ($10,000.00) to such brokerage firms on a pro rata basis). The Releasees are specifically excluded from eligibility for any payment of notice expenses under this subsection; (c) to pay all of the Administration Expenses. For greater certainty, the Releasees are specifically excluded from eligibility for any payment of costs and expenses under this subsection; (d) to pay any taxes required by law to be paid to any governmental authority; (e) to pay any amounts due to Fonds d’aide aux recours collectif in Québec; (f) to pay a pro rata share of the balance of the Escrow Settlement Amount to each Authorized Claimant in accordance with the Plan of Allocation; and (g) if necessary, to make any cy près distribution as contemplated herein.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
DISTRIBUTION OF THE SETTLEMENT AMOUNT. (1) On or after the Effective Date, the Administrator shall distribute the remainder of the Settlement Amount in accordance with the following priorities:
(a) to pay Class Counsel Fees as approved by the CourtsCourt;
(b) to pay all of the costs and expenses reasonably and actually incurred in connection with the provision of noticesthe Second Notice, 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 the Administrator and brokerage firms in connection with the provision of notice of this Settlement the Second Notice to Class Members (provided, however, that the Administrator shall not pay in excess of ten fifteen thousand Canadian dollars ($10,000.00CAD$15,000.00) in the aggregate to all brokerage firms and, if the aggregate amount claimed by such brokerage firms exceeds ten fifteen thousand Canadian dollars ($10,000.00CAD$15,000.00), then the Administrator shall distribute the sum of ten fifteen thousand Canadian dollars ($10,000.00CAD$15,000.00) to such brokerage firms on a pro rata basis). The Releasees Settling Defendants are specifically excluded from eligibility for any payment of notice expenses under this subsection;
(c) to pay all of the Administration ExpensesExpenses except that part paid by Class Counsel pursuant to Section 3.1(3). For greater certainty, the Releasees Settling Defendants and the Class are specifically excluded from eligibility for any payment of costs and expenses under this subsection;
(d) to pay any taxes required by law to be paid to any governmental authority;; and
(e) to pay any amounts due to Fonds d’aide aux recours collectif in Québec;
(f) to pay a pro rata share of the balance of the Escrow Settlement Amount to each Authorized Claimant in proportion to his, her or its claim as recognized by the Administrator in accordance with the Plan of Allocation; and
(g) if necessary, to make any cy près distribution as contemplated herein.
Appears in 1 contract
Samples: Settlement Agreement
DISTRIBUTION OF THE SETTLEMENT AMOUNT. (1) On or after the Effective Date, the Administrator shall distribute the remainder of the Settlement Amount in accordance with the following priorities:
(a) to pay Class Counsel Fees as approved by the CourtsFees;
(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, including the notice expenses reasonably and actually incurred by the Administrator and brokerage firms in connection with the provision of notice of this Settlement to Class Members (provided, however, that the Administrator shall not pay in excess of ten five thousand Canadian dollars ($10,000.00CAD$5,000.00) in the aggregate to all brokerage firms and, if the aggregate amount claimed by such brokerage firms exceeds ten five thousand Canadian dollars ($10,000.00CAD$5,000.00), then the Administrator shall distribute the sum of ten five thousand Canadian dollars ($10,000.00CAD$5,000.00) to such brokerage firms on a pro rata basis). The Releasees Defendants are specifically excluded from eligibility for any payment of notice expenses under this subsection;
(c) to pay all of the Administration Expenses. For greater certainty, the Releasees Defendants are specifically excluded from eligibility for any payment of costs and expenses under this subsection;
(d) to pay any taxes required by law to be paid to any governmental authority;
(e) to pay any amounts due to Fonds d’aide aux recours collectif in Québec;
(f) to pay a pro rata share of the balance of the Escrow Settlement Amount to each Authorized Claimant in proportion to his, her or its claim as recognized in accordance with the Plan of Allocation; and
(gf) if necessary, to make any cy près pres distribution as contemplated herein.
Appears in 1 contract
Samples: Settlement Agreement
DISTRIBUTION OF THE SETTLEMENT AMOUNT. (1) On or after the Effective Date, the Administrator shall distribute the remainder of the Settlement Amount in accordance with the following priorities:
(a) to pay Class Counsel Fees as approved by the CourtsFees;
(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, including the notice expenses reasonably and actually incurred by the Administrator and brokerage firms in connection with the provision of notice of this Settlement to Class Members (provided, however, that the Administrator shall not pay in excess of ten five thousand Canadian dollars ($10,000.00CAD$5,000.00) in the aggregate to all brokerage firms and, if the aggregate amount claimed by such brokerage firms exceeds ten five thousand Canadian dollars ($10,000.00CAD$5,000.00), then the Administrator shall distribute the sum of ten five thousand Canadian dollars ($10,000.00CAD$5,000.00) to such brokerage firms on a pro rata basis). The Releasees Defendants are specifically excluded from eligibility for any payment of notice expenses under this subsection;
(c) to pay all of the Administration Expenses. For greater certainty, the Releasees Defendants are specifically excluded from eligibility for any payment of costs and expenses under this subsection;
(d) to pay any taxes required by law to be paid to any governmental authority;; and
(e) to pay any amounts due to Fonds d’aide aux recours collectif in Québec;
(f) to pay a pro rata share of the balance of the Escrow Settlement Amount to each Authorized Claimant in proportion to his, her or its claim as recognized in accordance with the Plan of Allocation; and
(g) if necessary, to make any cy près distribution as contemplated herein.
Appears in 1 contract
Samples: Settlement Agreement
DISTRIBUTION OF THE SETTLEMENT AMOUNT. (1) On or after the Effective Date, the Administrator shall distribute the remainder of the Settlement Amount in accordance with the following priorities:
(a) to pay Class Counsel Fees as approved by the CourtsFees;
(b) to pay all of the costs and expenses reasonably and actually incurred in connection with the provision of notices, locating Settlement Class Members for the sole purpose of providing notice to them, soliciting Settlement Class Members to submit a Claim Form, including the notice expenses reasonably and actually incurred by the Administrator and brokerage firms in connection with the provision of notice of this Settlement to Settlement Class Members (provided, however, that the Administrator shall not pay in excess of ten five thousand Canadian dollars ($10,000.00CAN$5,000.00) in the aggregate to all brokerage firms and, if the aggregate amount claimed by such brokerage firms exceeds ten five thousand Canadian dollars ($10,000.00CAN$5,000.00), then the Administrator shall distribute the sum of ten five thousand Canadian dollars ($10,000.00CAN$5,000.00) to such brokerage firms on a pro rata basis). The Releasees Settling Defendants are specifically excluded from eligibility for any payment of notice expenses under this subsection;
(c) to pay all of the Administration Expenses. For greater certainty, the Releasees Defendants are specifically excluded from eligibility for any payment of costs and expenses under this subsection;
(d) to pay any taxes required by law to be paid to any governmental authority;; and
(e) to pay any amounts due to Fonds d’aide aux recours collectif in Québec;
(f) to pay a pro rata share of the balance of the Escrow Settlement Amount to each Authorized Claimant in proportion to his, her or its claim as recognized in accordance with the Plan of Allocation; and
(g) if necessary, to make any cy près distribution as contemplated herein.
Appears in 1 contract
Samples: Settlement Agreement