Distribution of the Settlement Fund. The Claims Administrator shall distribute the funds in the Settlement Fund in the following order and within the time period set forth with respect to each such payment:
(a) first, no later than five (5) business days after the Funding Date, the Claims Administrator shall pay taxes and tax-related expenses, if any, or, at the Claims Administrator’s discretion, it shall reserve an amount of the Settlement Fund sufficient to pay taxes and tax- related expenses as described in Section 20;
(b) next, no later than five (5) business Days after the Funding Date, the Claims Administrator shall pay to the Class Representatives any incentive award ordered by the Court, as described in Section 6.02.;
(c) next, no later than five (5) Business Days after the Funding Date, the Claims Administrator shall pay to Class Counsel any award of attorneys’ fees, costs, or expenses ordered by the Court, as described in Section 6.01.;
(d) next, no later than twenty (20) days after the Funding Date, the Claims Administrator shall be paid for any unreimbursed costs of administration;
(e) next, no later than thirty (30) days after the Funding Date, the Claims Administrator shall pay the Settlement Awards to Qualified Class Members pursuant to Section 10.;
(f) finally, on the Final Distribution Date, which is the earlier of (i) the date as of which all the checks for Settlement Awards have been cashed or (ii) 210 days after the date on which the last check for a Settlement Award was issued, the Claims Administrator shall pay any amount remaining in the Settlement Fund Account from uncashed settlement checks to one or more cy pres recipients which are agreed upon by the Parties and approved by the Court.
Distribution of the Settlement Fund. After the Settlement becomes Final, the Settlement Fund (net of Court-approved fees, expenses, and any other Court-approved deductions) will be distributed to the extent possible according to an allocation plan that will permit members of the Class to be paid out on a weighted pro rata basis based on the damages analysis completed by Plaintiffs’ experts, Xx. Xxxxx Xxxx and Xxxxxxxxx Xxxxxx X. Hall, Ph.D., which based the amount of damages on the vehicle make and model, and the month and year of purchase. Each purchase or lease made by a Class Member who makes a valid claim (“Authorized Claimant”) will be assigned a Recognized Claim Amount based on the vehicle’s make, model, and month of purchase. The Recognized Claim Amount equates to the estimated damages assigned to that particular vehicle by Plaintiffs’ experts resulting from the alleged unlawful conduct at issue in the Action. The claims administrator will sum up the total Recognized Claim Amounts for all purchases or leases made by an Authorized Claimant, which will be the Authorized Claimant’s Total Recognized Claim Amount. The Authorized Claimant’s share of the settlement proceeds will be calculated by multiplying the Settlement Fund (net of Court-approved fees, expenses, or any other Court-approved deductions) by the ratio of the Authorized Claimant’s Total Recognized Claim Amount to the sum of all Authorized Claimants’ Total Recognized Claim Amounts. Plaintiffs will create a proposed plan of allocation, in consultation with Ford Canada, and it shall to the extent possible provide payments to Authorized Claimants, and any residual amount shall be handled subject to approval by the Court, with all reasonable efforts made to distribute any residual to Authorized Claimants until further distributions to Authorized Claimants are not economically feasible. Under no circumstance will any residual be paid back to Ford Canada. Should the number of vehicle purchases or leases claimed by all Authorized Claimants by the Court-ordered claims filing deadline be less than 45,000 vehicles in the aggregate, Plaintiffs, in consultation with Ford Canada, will petition the Court to approve an acceptable plan to make a supplemental distribution to Class Members. Plaintiffs will move for the plan of allocation’s approval at the appropriate time in the Court, subject to any award of attorneys’ fees and costs, service awards to named Plaintiffs, and any notice and administration costs as approved by the Court.
Distribution of the Settlement Fund. The Claims Administrator shall distribute the funds in the Settlement Fund in the following order and within the time period set forth with respect to each such payment:
a. first, no later than five (5) days after the Funding Date, the Claims Administrator shall pay to Class Counsel the attorneys’ fees, costs, and expenses ordered by the Court as set forth in Section 5.02;
b. next, no later than five (5) days after the Funding Date, the Claims Administrator shall pay to the Class Representative any incentive award ordered by the Court, as described in Section 5.03;
c. next, no later than twenty (20) days after the Funding Date, the Claims Administrator shall be paid for any unreimbursed costs of administration incurred;
d. next, no later than thirty (30) days after the Funding Date, the Claims Administrator shall pay the Cash Awards to eligible Settlement Class Members pursuant to Section 9; e. next, if checks that remain uncashed after 210 days of the first pro rata distribution yield an amount that, after administration costs, would allow a second pro rata distribution to the qualifying claimants equal to or greater than $1.00 per qualifying claimant, the Claims Administrator shall distribute any such funds on a pro rata basis to Settlement Class Members who cashed settlement checks.
Distribution of the Settlement Fund a. All Settlement Class Members shall receive their share of the Net Settlement Fund, contingent upon a determination by the Settlement Administrator that the Settlement Class Member has submitted an Approved Claim, as follows:
i. Employment at a Facility AFTER May 9, 2014: Each Settlement Class Member employed by a Facility after May 9, 2014, who submits an Approved Claim will receive up to $1,000.00, in cash.
ii. Employment at a Facility BEFORE May 10, 2014: Each Settlement Class Member whose employment by a Facility ended before May 10, 2014, who submits an Approved Claim will receive up to $500.00, in cash.
b. If the total dollar amount of the Net Settlement Fund is greater than the total value of all Approved Claims, then each Settlement Class Member will receive the maximum amount stated in paragraph (a).
c. If the total dollar amount of the Net Settlement Fund is less than the total value of all Approved Claims, each Settlement Class Members shall be entitled to a payment of a pro rata share of the amount remaining in the Net Settlement Fund consistent with paragraph (a) of this Settlement Agreement.
d. All residual funds remaining in the Net Settlement Fund after payments and expenses have been paid per the terms of the Settlement Agreement shall revert to the Facility Defendants (or their insurers, as appropriate) no later than 180 days after the Effective Date (or such other date as may be set with Facility Defendants’ consent to allow sufficient time for processing of claims and payments from the Net Settlement Fund) and may thereafter be retained by the Facility Defendants (or their insurers) as the Facility Defendants’ (or their insurers’) money.
e. Within ten (10) days of the Effective Date, the Settlement Administrator shall send a check by First Class U.S. Mail to each Settlement Class Member that submitted an Approved Claim. These checks shall expire ninety (90) days after issuance. Any funds associated with expired checks are residual funds within the meaning of the preceding paragraph.
f. Facility Defendants’ Counsel and Class Counsel will provide their best information to and cooperate with the Settlement Administrator to respond to any reasonable inquiries from the Settlement Administrator necessary to complete its responsibilities under this Agreement. Any and all information provided for the purpose of locating Settlement Class Members whose individual settlement check is returned as undeliverable provided by the Facility Defendants ...
Distribution of the Settlement Fund. The Claims Administrator will distribute the funds in the Settlement Fund in the following order and within the time period set forth with respect to each such payment:
a. first, the Claims Administrator will pay to Class Counsel the attorneys’ fees, costs, and expenses ordered by the Court as set forth in Section 5.01;
b. next, no later than five (5) business days after the Funding Date, the Claims Administrator will pay to the Class Representatives any incentive award ordered by the Court, as described in Section 5.02;
c. next, no later than fifteen (15) calendar days after the Funding Date, the Claims Administrator will be paid for any unreimbursed costs of administration;
d. next, no later than twenty-five (25) calendar days after the Funding Date, the Claims Administrator will pay the Cash Awards to eligible Settlement Class Members pursuant to Section 9; e. next, if checks that remain uncashed after 210 calendar days after the first pro rata distribution yield an amount that, after administration costs, would allow a second pro rata distribution to the qualifying Settlement Class Members equal to or greater than $1.00 per Settlement Class Member, the Claims Administrator will distribute any such funds on a pro rata basis to Settlement Class Members who cashed settlement checks.
Distribution of the Settlement Fund. (1) On or after the Effective Date, the Administrator shall distribute the Settlement Amount in accordance with the following priorities:
(a) to pay Class Counsel Fees, Class Counsel Disbursements, interest and taxes thereon to Class Counsel as awarded by the Ontario Court;
(b) to pay all of the costs and expenses reasonably incurred in connection with the provision of the Approved Settlement Notices;
(c) to pay all of the Administration Expenses. For greater certainty, the Defendant and the Class or Class Counsel are specifically excluded from being required to pay any costs and expenses under this subsection. All such costs and expenses shall be paid from the Settlement Amount;
(d) to pay any taxes required by law to any governmental authority;
(e) to pay the Class Proceedings Fund levy as prescribed by Section 10 of the Class Proceedings regulation under the Law Society Act;
(f) to pay a share of the Net Settlement Amount to each Eligible Claimant in proportion to their claim as recognized in accordance with the Distribution Protocol, including payment of the Remittances; and
(g) to pay any amounts to which the Fonds d’aide aux actions collectives in Quebec may be entitled.
(2) Class Counsel shall propose for approval by the Court (or Courts, if settlement approval is required in Quebec) a Distribution Protocol in the form attached as Schedule “E” or such other form as may be directed by the Courts.
(3) The approval or denial by the Courts of the Distribution Protocol is not part of the settlement provided for herein, except as to the priorities of distribution expressly provided in section 5(1) and is to be considered by the Courts separately from its consideration of the fairness, reasonableness, and adequacy of the settlement provided for herein.
Distribution of the Settlement Fund. (a) The Settlement Fund shall be used for the payment of Administration Expenses; a Settlement Share to each of the Settlement Class Members; any Service Award to the Plaintiff as approved by the Court; any Fee and Expense Award as approved by the Court; and, any taxes owed by the qualified settlement fund (but not any taxes owed by individual Settlement Class Members). The Parties must approve any payment of costs or expenses under this paragraph, and such approval shall not be unreasonably withheld.
Distribution of the Settlement Fund. 10 6.2.1 After this Amended Settlement Agreement becomes final with the meaning 11 of Section 1.10 (the Effective Date), the Net Settlement Fund shall be distributed as set forth in 12 Sections 6.2.2 through 6.2.4, subject to approval by the Court:
Distribution of the Settlement Fund. The Claims Administrator shall distribute the funds in the Settlement Fund in the following order and within the time period set forth with respect to each such payment:
A. No later than thirty (30) days after the Funding Date, the Claims Administrator shall pay monetary benefits to Qualified Class Members pursuant to Section 5.02 to Class Counsel, who shall disburse such funds to the Qualified Class Members.
B. On the Final Distribution Date, which is the earlier of (i) the date as of which all the checks to Qualified Class Members for monetary benefits have been cashed or (ii) one hundred and eighty (180) days after the date on which the last check to a Qualified Class Member for monetary benefits was issued, the Claims Administrator shall pay any amount remaining in the Settlement Fund Account from uncashed settlement checks to one or more cy pres recipients that are agreed upon by the Parties and approved by the Court.
Distribution of the Settlement Fund a. Reimbursement for Out-of-Pocket Losses. All Settlement Class Members may submit a claim for up to $2,500.00 for reimbursement of Out-of-Pocket Losses. To receive reimbursement for Out-of- Pocket Losses, Settlement Class Members must submit a valid Claim Form that includes the following: (i) third-party documentation supporting the loss; and (ii) a brief description of the nature of the loss, if the nature of the loss is not apparent from the documentation alone. Third-party documentation can include receipts or other documentation not “self-prepared” by the Settlement Class Member that documents the costs incurred. Self- prepared documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity or support other submitted documentation. A claim for reimbursement for Out-of-Pocket Losses may be combined with a claim for Lost Time and Transaction Loss.
