Distribution Process. The Distribution Agent shall make all distributions required under the Plan, except that distributions to holders of Allowed Claims or Interests governed by a separate agreement and administered by a Servicer shall be deposited with the appropriate Servicer, at which time such distributions shall be deemed complete, and the Servicer shall deliver such distributions in accordance with the Plan and the terms of the governing agreement. Except as otherwise provided in the Plan, and notwithstanding any authority to the contrary, distributions to holders of Allowed Claims and Interests, including Claims and Interests that become Allowed after the Distribution Record Date, shall be made to holders of record as of the Distribution Record Date by the Distribution Agent or a Servicer, as appropriate: (1) to the address of such holder as set forth in the books and records of the applicable Debtor (or if the Debtors have been notified in writing, on or before the date that is 14 days before the Effective Date, of a change of address, to the changed address); (2) in accordance with Federal Rule of Civil Procedure 4, as modified and made applicable by Bankruptcy Rule 7004, if no address exists in the Debtors books and records, no Proof of Claim has been filed and the Distribution Agent has not received a written notice of a change of address on or before the date that is 14 days before the Effective Date; or (3) on any counsel that has appeared in the Chapter 11 Cases on the holder’s behalf. Notwithstanding anything to the contrary in the Plan, including this Section 6.3(b), distributions under the Plan to holders of Dex East Secured Credit Facility Claims, Dex West Secured Credit Facility Claims and RHDI Secured Credit Facility Claims shall be made to, or to Entities at the direction of, the Dex East Administrative Agent, Dex West Administrative Agent and the RHDI Administrative Agent, respectively, in accordance with the terms of the Plan and the Dex East Secured Credit Agreement, Dex West Secured Credit Agreement and the RHDI Secured Credit Agreement, respectively. The Debtors, the Reorganized Debtors, and the Distribution Agent, as applicable, shall not incur any liability whatsoever on account of any distributions under the Plan.
Distribution Process. 11.1 The Class Settlement Amount shall be funded through a QSF in accordance with this Agreement. The timing of the payments by Walmart to the QSF is:
11.1.1. Within 14 business days following the date on which the Court enters an order granting preliminary approval of the Settlement, or within 14 business days of the date on which the District Court enters an order approving the QSF, whichever is later, Walmart shall transfer the estimated amount of Notice and Administration Costs to the QSF, who shall distribute that amount to the Claims Administrator. In the event that the Settlement Effective Date does not occur, any amounts actually used by the Claims Administrator for notice and administration shall not be refundable to Walmart. If, however, Walmart has paid into the QSF monies for Notice and Administration Costs which have not been used by the Claims Administrator, those amounts not used by the Claims Administrator shall be refunded to Walmart.
11.1.2. Within 14 business days following the Settlement Effective Date, Walmart shall transfer to the QSF amounts sufficient to cover the remainder of the Class Settlement Amount, to include the Settlement Class Member Payments (subject to any pro rata increase or decrease pursuant to Section 6.2.4), Attorneys’ Fees, Costs, and Expenses awarded by the Court, and Service Award awarded by the Court. The QSF shall distribute these amounts as awarded by the Court. Settlement Class Counsel shall provide the QSF with the information as to whom the Attorneys’ Fees, Costs, and Expenses and the Settlement Class Representative Award should be distributed.
Distribution Process. 7.1.1. The Individual Settlement Payment under this Agreement shall be determined in accordance with the formula set forth in Section 5.1.1.
7.1.2. Zillow will provide the Claims Administrator with the funds for the Class Settlement Amount within seven (7) days after the Settlement Effective Date. Under no circumstances shall Zillow or any Released Party be required to pay more than $6,000,000 for any reason under the Agreement. Upon transfer to the Claims Administrator, the Class Settlement Amount shall be referred to as the “Settlement Fund.”
7.1.3. The Settlement Fund, including accrued interest paid to or earned by it, deposited into an interest-bearing account (the “Account”) created by order of the Court is intended to constitute a “qualified settlement fund” (“QSF”) within the meaning of Section 1.46B-1 of the Treasury Regulations (“Treasury Regulations”) promulgated under the U.S. Internal Revenue Code of 1986, as amended (“Code”). Zillow shall be the “transferor” to the QSF within the meaning of Section 1.468B-1(d)(1) of the Treasury Regulations with respect to the Settlement Fund or any other amount transferred to the QSF pursuant to this Settlement Agreement. The Claims Administrator shall be the “administrator” of the QSF within the meaning of Section 1.46B-2(k)(3) of the Treasury Regulations, responsible for causing the filing of all tax returns required to be filed by or with respect to the QSF, paying from the QSF any taxes owed by or with respect to the QSF, and complying with any applicable information reporting or tax withholding requirements imposed by Section 1.4688-2(l)(2) of the Treasury Regulations or any other applicable law on or with respect to the QSF. Zillow and the Claims Administrator shall reasonably cooperate in providing any statements or making any elections or filings necessary or required by applicable law for satisfying the requirements for qualification as a QSF, including any relation-back election within the meaning of Section 1.468B-1(j) of the Treasury Regulations. All funds held in the Account, and all earnings thereon, shall be deemed to be in custodia legis of the Court and shall remain subject to the jurisdiction of the Court until such time as the funds shall have been disbursed or returned pursuant to the terms of this Agreement or further order of the Court.
7.1.4. The Settling Parties, their counsel, and any Released Party shall have no liability, obligation, or responsibility with respect to the investment...
Distribution Process. Distribution of the investigator’s share shall be made annually from the amount of net royalties if any, received during the previous fiscal year.
5.5.1 Prior to the determination of the distribution of net income, the investigator shall receive a statement of direct expenses charged against the gross income derived from an agreement.
5.5.2 Investigators shall have 30 working days to challenge the statement of direct expenses.
5.5.3 After resolution of such challenge, if any, the distribution of funds will occur.
5.5.4 Distributions to investigators are final and shall not be affected by unanticipated expenses 90 days after distribution.
5.5.5 Adjustments may be made to correct a clerical error.
5.5.6 In the case of the death of the investigator, any unpaid royalties shall be paid to the investigator’s estate unless otherwise specified.
5.5.7 In the event of any litigation, actual or imminent, or any other action to protect patent rights, distribution of royalties will be withheld until resolution of the dispute.
Distribution Process. To receive a fully subsidized home electrification installation (which may include one or more appliances), participants must progress through the program via the following steps:
1. Sign up for and attend a program workshop.
2. Submit a program application and specify that the household is interested in receiving a subsidized installation.
3. Program staff will verify site eligibility and request income eligibility information.
4. Program staff will provide the participant with a status update and notify the installer that the participant is ready to schedule a site assessment.
5. Participants will schedule and receive HEAR-eligible installation(s) from the installer.
6. The Installer will submit the customer invoice from the installation to program staff verifying the HEAR-eligible equipment installed, and request reimbursement.
Distribution Process. 72. The timing of Defendant’s payment of the Settlement Fund is:
A. Within seven (7) days after the Court enters the Preliminary Approval Order, the Settlement Administrator shall provide Defendant with an estimate of the anticipated Notice and Administrative Costs.
B. Within 30 (thirty) days after the Settlement Effective Date and receipt of Settlement Administrator instructions and the applicable Form W-9s from the Settlement Administrator, Defendant or its insurer shall deposit the Settlement Fund into a qualified settlement account established by the Settlement Administrator. The Settlement Fund shall be maintained by the Settlement Administrator as a Qualified Settlement Fund pursuant to Section 1.468B-1, et seq., of the Treasury Regulations promulgated under Section 468B of the Internal Revenue Code of 1986, as amended, and shall be deposited in an FDIC insured account created and controlled by the Settlement Administrator. Class Counsel shall instruct the Settlement Administrator as to whom the Attorneys’ Fees and Litigation Expenses and any Settlement Class Representative Incentive Payment should be distributed. Defendant shall not, under any circumstances or for any reason, be obligated to pay any amounts in addition to the Settlement Fund in connection with the Settlement.
Distribution Process. (1) Credit Eligible Class Members will be able to obtain a Redeemable Credit through a claim process as further described in this Section 7.
(2) Within 30 days of the Effective Date, the Claims Administrator shall deliver to each Credit Eligible Class Member an electronic gift card for use on Xxxxxxxxxxxx.xx or Xxxxxxxxxxxx.xxx of CAD$5 for each Eligible Ticket purchased by that Settlement Class Member.
(3) In the event the Claims Administrator receives notification of undeliverable emails in delivering the Credit(s) to Credit Eligible Class Members, the Claims Administrator shall maintain a list with the names and email addresses of Credit Eligible Class Members to whom emails were not delivered, and when asked by Class Counsel shall confirm whether any particular individual is on that list. The Claims Administrator shall provide a copy of the list to the Settling Defendants or Counsel for the Settling Defendants.
(4) The Settling Defendants agree to directly deliver Credits to such Credit Eligible Class Members if such Credit Eligible Class Members subsequently provide Class Counsel or Settling Defendants with an updated email address.
(5) It is understood that the electronic gift cards may be used to purchase primary-sale tickets, parking, VIP packages, and certain merchandise on xxx.xxxxxxxxxxxx.xxx, xxx.xxxxxxxxxxxx.xx and xxx.xxxxxxxxxx.xxx. They can be used only for events in Canada and the United States, and may not be used for resale tickets. The gift cards shall have no expiry date. If the gift cards are used for events in the United States, the amount available for use will be subject to the then- prevailing exchange rate between Canadian and United States dollars.
(6) It is expressly agreed and understood by the Parties that unused, unredeemed or unclaimed Redeemable Credits shall not constitute, nor may they under any circumstances give rise to, a remaining balance for any purpose, including for a claim for reparation or compensation by Settlement Class Members or for the payment of a charge, levy or toll by any third party, including a charge, xxxx or toll contemplated by any regulation. For greater certainty and without limitation, the Settling Defendants may terminate this Settlement Agreement in the event any court recognizes the existence of a remaining balance.
Distribution Process. (a) United Therapeutics will purchase Product from Lilly and Lilly, acting as agent for United Therapeutics, will distribute such Product to Wholesalers, on behalf of United Therapeutics, in accordance with the terms of this Agreement. A schematic description of the distribution of Product under this Agreement, solely for purposes of clarification and not limitation, is set forth in Exhibit 6.2. In particular, based on a standing Purchase Order from United Therapeutics, Lilly will manufacture and ship Product to a Lilly distribution center, using shipment arrangements consistent with those Lilly uses for products Lilly distributes and sells directly for Lilly’s own benefit, as further described in Section 7.5(a). The Parties will establish a joint committee through the Supply Lead Contacts to facilitate the use by United Therapeutics of Lilly’s distribution processes as contemplated by this Agreement. The Parties will agree on a minimum inventory level of Product to be maintained in Lilly distribution centers in the MRD. Lilly shall use Commercially Reasonable Efforts to maintain a quantity of Product in inventory in Lilly’s distribution center equal to or greater than the agreed-upon minimum inventory level; provided that the minimum replenishment quantity will be one (1) then-standard Lilly manufacturing lot of Product; provided further that, if a batch is split, United Therapeutics shall be responsible only for the portion of such a split batch that is allocated to United Therapeutics’ Domain and no portion of such a split batch that is allocated to Lilly’s Domain. As of the Effective Date, one (1) standard manufacturing lot of Product is equal to [***] ([***]) tablets. Lilly will invoice United Therapeutics in accordance with Section 6.4 for Product shipped by Lilly to Lilly distribution centers at the time of shipment to distribution center, and United Therapeutics will make payment to Lilly against such invoices in accordance with Sections 6.3, 6.4, 6.5, 6.6, 6.7 and 6.8.
(b) As an agent for United Therapeutics, Lilly will (i) store Product in its distribution centers, (ii) receive, through its distribution centers, orders for Product from Wholesalers, (iii) ship ordered Product to Wholesalers, (iv) xxxx/invoice Wholesalers, (v) process invoice remittances from Wholesalers, and (vi) receive payments from Wholesalers. Upon shipment of Product to a Wholesaler, Lilly shall invoice the Wholesaler for the selling price at Lilly’s then-current standard ter...
Distribution Process. 1. The Settlement Fund shall be funded in accordance with this Agreement. The timing of the payments by Defendants to the Settlement Fund is:
A. Within 30 business days following the date on which the Court enters an order granting Preliminary Approval of the Settlement, Defendants shall transfer the Notice and Administration Costs to the Claims Administrator. In the event that the Settlement Effective Date does not occur, any amounts actually used by the Claims Administrator for notice and administration shall not be refundable to Defendants. Any unused funds Defendants paid to Claims Administrator shall be refunded to Defendants’ insurers.
B. Within 14 business days following the Settlement Effective Date, Defendants shall transfer to the Claims Administrator the remainder of the Settlement Fund. Class Counsel shall provide the Claims Administrator with the information as to whom the Attorneys’ Fees and Litigation Expenses and Settlement Class Representative Incentive Payment should be distributed. Defendants shall not, under any circumstances or for any reason, be obligated to pay any amounts in addition to the Settlement Fund in connection with the Settlement.
Distribution Process. 1. The Settlement Fund shall be funded through a QSF in accordance with this Agreement. The timing of the payments by Walmart to the QSF is:
A. Within 30 business days following the date on which the Court enters an order granting Preliminary Approval of the Settlement, or within 30 business days of the date on which the Court enters an order approving the QSF, whichever is later, Walmart shall transfer the Notice and Administration Costs to the QSF, who shall distribute that amount to the Claims Administrator. In the event that the Settlement Effective Date does not occur, any amounts actually used by the Claims Administrator for notice and administration shall not be refundable to Walmart. If, however, Walmart has paid into the QSF monies for Notice and Administration Costs which have not been used by the Claims Administrator, those amounts not used by the Claims Administrator shall be refunded to Walmart.
B. Subject to Section XI.1.C., within 14 business days following the Settlement Effective Date, Walmart shall transfer to the QSF the remainder of the Settlement Fund (or such lesser amount as awarded by the Court). Class Counsel shall provide the QSF with the information as to whom the Attorneys’ Fees and Litigation Expenses and Settlement Class Representative Incentive Payment should be distributed. Walmart shall not, under any circumstances or for any reason, be obligated to pay any amounts in addition to the Settlement Fund in connection with the Settlement.
