Common use of Distribution Protocol Clause in Contracts

Distribution Protocol. (1) At a time wholly within the discretion of Class Counsel, but on notice to the Settling Defendants, Class Counsel will bring motions seeking orders from the Courts approving the Distribution Protocol. The motions can be brought before the Effective Date, but the orders approving the Distribution Protocol shall be conditional on the Effective Date occurring. (2) The Distribution Protocol shall require Settlement Class Members seeking compensation to give credit for any compensation received through other proceedings or in private out-of-class settlements, unless by such proceedings or private out-of-class settlements the Settlement Class Member’s claim was released in its entirety, in which case the Settlement Class Member shall be deemed ineligible for any further compensation. (3) In addition, the Distribution Protocol shall treat residents of Quebec in the equivalent manner to residents elsewhere in Canada and must comply with the requirements of Quebec law, including in respect of remittances to the Fonds d’Aide aux actions collectives and in case of any remaining balance to be allocated cy pres to one or more recipients to be approved by the Ontario Court, The Act Respecting the Fonds d'aide aux actions collectives, CQLR c F-3. 2.0.1.1 will apply to the portion of any remaining balance, if any, attributable to Quebec Class Members. (4) The notice advising Settlement Class Members of the hearing to approve the Distribution Protocol must provide that Quebec residents wishing to object to the Distribution Protocol will be permitted to present submissions on the Distribution Protocol before the competent Court(s) and inform them of the procedure to do so.

Appears in 5 contracts

Samples: National Settlement Agreement, Settlement Agreement, Settlement Agreement

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Distribution Protocol. (1) At a time wholly within the discretion of Class Counsel, but on notice to the Settling DefendantsDefendant, Class Counsel will bring motions seeking orders from the Courts approving the Distribution Protocol. The motions can be brought before the Effective Date, but the orders approving the Distribution Protocol shall be conditional on the Effective Date occurring. (2) The Distribution Protocol shall require Settlement Class Members seeking compensation to give credit for any compensation received through other proceedings or in private out-of-class settlements, unless by such proceedings or private out-of-class settlements the Settlement Class Member’s claim was released in its entirety, in which case the Settlement Class Member shall be deemed ineligible for any further compensation. (3) In addition, the Distribution Protocol shall treat residents of Quebec in the equivalent manner to residents elsewhere in Canada and must comply with the requirements of Quebec law, including in respect of remittances to the Fonds d’Aide aux actions collectives and in case of any remaining balance to be allocated cy pres to one or more recipients to be approved by the Ontario Court, The Act Respecting the Fonds d'aide aux actions collectives, CQLR c F-3.Ontario 2.0.1.1 will apply to the portion of any remaining balance, if any, attributable to Quebec Class Members. (4) The notice advising Settlement Class Members of the hearing to approve the Distribution Protocol must provide that Quebec residents wishing to object to the Distribution Protocol will be permitted to present submissions on the Distribution Protocol before the competent Court(s) and inform them of the procedure to do so.

Appears in 1 contract

Samples: Settlement Agreement

Distribution Protocol. (1) At a time wholly within the discretion of Class Counsel, but on notice to the Settling Defendants, Class Counsel will bring motions seeking orders from the Courts Ontario Court and the BC Court approving the Distribution Protocol. The motions can be brought before the Effective Date, but the orders approving the Distribution Protocol shall be conditional on the Effective Date occurring. (2) The Distribution Protocol shall require Settlement Class Members seeking compensation to give credit for any compensation received through other proceedings or in private out-of-class settlements, unless by such proceedings or private out-of-class settlements the Settlement Class Member’s claim was released in its entirety, in which case the Settlement Class Member shall be deemed ineligible for any further compensation. (3) In addition, the The Distribution Protocol shall treat residents of Quebec in the equivalent manner to residents elsewhere in Canada and must comply with the requirements of Quebec law, including in respect of remittances to the Fonds d’Aide aux actions collectives and and, in case of any remaining balance to be allocated cy pres to one or more recipients to be approved by the Ontario Court, The Act Respecting the Fonds d'aide aux actions collectives, CQLR c F-3. 2.0.1.1 will apply to the portion of any remaining balance, if any, attributable to Quebec Class Members. (4) The notice advising Settlement Class Members of the hearing to approve the Distribution Protocol must provide that Quebec residents wishing to object to the Distribution Protocol will be permitted to present submissions on the Distribution Protocol before the competent Court(s) and inform them of the procedure to do so.

Appears in 1 contract

Samples: Settlement Agreement

Distribution Protocol. (1) At a time wholly within the discretion of Class Counsel, but on notice to the Settling Defendants, Class Counsel will bring motions seeking orders from the Courts approving the Distribution Protocol. The motions can be brought before the Effective Date, but the orders approving the Distribution Protocol shall be conditional on the Effective Date occurring. (2) The Distribution Protocol shall require Settlement Class Members seeking compensation to give credit for any compensation received through other proceedings or in private out-of-class settlements, unless by such proceedings or private out-of-class settlements the Settlement Class Member’s claim was released in its entirety, in which case the Settlement Class Member shall be deemed ineligible for any further compensation. (3) In addition, the Distribution Protocol shall treat residents of Quebec in the equivalent manner to residents elsewhere in Canada and must comply with the requirements of Quebec law, including in respect of remittances to the Fonds d’Aide d’aide aux actions collectives and in case of any remaining balance to be allocated cy pres to one or more recipients to be approved by the Ontario Court, The Act Respecting the Fonds d'aide aux actions collectives, CQLR c F-3. 2.0.1.1 will apply to the portion of any remaining balance, if any, attributable to Quebec Class Members. (4) The notice advising Settlement Class Members of the hearing to approve the Distribution Protocol must provide that Quebec residents wishing to object to the Distribution Protocol will be permitted to present submissions on the Distribution Protocol before the competent Court(s) and inform them of the procedure to do so.

Appears in 1 contract

Samples: Settlement Agreement

Distribution Protocol. (1) At a time wholly within the discretion of Class Counsel, but on notice to the Settling Defendants, Class Counsel will bring motions seeking orders from the Ontario and Quebec Courts approving the Distribution Protocol. The motions can be brought before the Effective Date, but the orders approving the Distribution Protocol shall be conditional on the Effective Date occurring. (2) The Distribution Protocol shall require Settlement Class Members seeking compensation to give credit for any compensation received through other proceedings or in private out-of-class settlements, unless by such proceedings or private out-of-class settlements the Settlement Class Member’s 's claim was released in its entirety, in which case the Settlement Class Member shall be deemed ineligible for any further compensation. (3) In addition, the Distribution Protocol shall treat residents of Quebec in the equivalent manner to residents elsewhere in Canada and must comply with the requirements of Quebec law, including in respect of remittances to the Fonds d’Aide d' Aide aux actions collectives and in case of any remaining balance to be allocated cy pres to one or more recipients to be approved by the Ontario Court, The Act Respecting the Fonds d'aide aux actions collectives, CQLR c F-3. 2.0.1.1 will apply to the portion of any remaining balance, if any, attributable to Quebec Class Members. (4) The notice advising Settlement Class Members of the hearing to approve the Distribution Protocol must provide that Quebec residents wishing to object to the Distribution Protocol will be permitted to present submissions on the Distribution Protocol before the competent Court(s) and inform them of the procedure to do so.

Appears in 1 contract

Samples: Settlement Agreement

Distribution Protocol. (1) At a time wholly within the discretion of Class Counsel, but on notice to the Settling Defendants, Class Counsel will bring motions seeking orders from the Ontario and Quebec Courts approving the Distribution Protocol. The motions can be brought before the Effective Date, but the orders approving the Distribution Protocol shall be conditional on the Effective Date occurring. (2) The Distribution Protocol shall require Settlement Class Members seeking compensation to give credit for any compensation received through other proceedings or in private out-of-class settlements, unless by such proceedings or private out-of-class settlements the Settlement Class Member’s claim was released in its entirety, in which case the Settlement Class Member shall be deemed ineligible for any further compensation. (3) In addition, the Distribution Protocol shall treat residents of Quebec in the equivalent manner to residents elsewhere in Canada and must comply with the requirements of Quebec law, including in respect of remittances to the Fonds d’Aide aux actions collectives and in case of any remaining balance to be allocated cy pres to one or more recipients to be approved by the Ontario Court, The Act Respecting the Fonds d'aide aux actions collectives, CQLR c F-3. 2.0.1.1 will apply to the portion of any remaining balance, if any, attributable to Quebec Class Members. (4) The notice advising Settlement Class Members of the hearing to approve the Distribution Protocol must provide that Quebec residents wishing to object to the Distribution Protocol will be permitted to present submissions on the Distribution Protocol before the competent Court(s) and inform them of the procedure to do so.

Appears in 1 contract

Samples: National Settlement Agreement

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Distribution Protocol. (1) At a time wholly within the discretion of Class Counsel, but on notice to the Settling Defendants, Class Counsel will bring motions seeking orders from the Courts approving the Distribution Protocol. The motions can be brought before the Effective Date, but the orders approving the Distribution Protocol shall be conditional on the Effective Date occurring. (2) The Distribution Protocol shall require Settlement Class Members seeking compensation to give credit for any compensation received through other proceedings or in private out-of-class settlements, unless by such proceedings or private out-of-class settlements the Settlement Class Member’s claim was released in its entirety, in which case the Settlement Class Member shall be deemed ineligible for any further compensation. (3) In addition, the Distribution Protocol shall treat residents of Quebec in the equivalent manner to residents elsewhere in Canada and must comply with the requirements of Quebec law, including in respect of remittances to the Fonds d’Aide aux actions collectives and in case of any remaining balance to be allocated cy pres to one or more recipients to be approved by the Ontario Court, The Act Respecting the Fonds d'aide aux actions collectives, CQLR c F-3. 2.0.1.1 will apply to the portion of any remaining balance, if any, attributable to Quebec Class Members. (4) The notice advising Settlement Class Members of the hearing to approve the Distribution Protocol must provide that Quebec residents wishing to object to the Distribution Protocol will be permitted to present submissions on the Distribution Protocol before the competent Court(s) and inform them of the procedure to do so.

Appears in 1 contract

Samples: Class Action Settlement Agreement

Distribution Protocol. (1) At a time wholly within the discretion of Class Counsel, but on notice to the Settling Defendants, Class Counsel will bring motions seeking orders from the Courts Court approving the Distribution Protocol. The motions can be brought before the Effective Date, but the orders approving the Distribution Protocol shall be conditional on the Effective Date occurring. (2) The Distribution Protocol shall require Settlement Class Members seeking compensation to give credit for any compensation received through other proceedings or in private out-of-class settlements, unless by such proceedings or private out-of-class settlements the Settlement Class Member’s claim was released in its entirety, in which case the Settlement Class Member shall be deemed ineligible for any further compensation. (3) In addition, the Distribution Protocol shall treat residents of Quebec in the equivalent manner to residents elsewhere in Canada and must comply with the requirements of Quebec law, including in respect of remittances to the Fonds d’Aide aux actions collectives and in case of any remaining balance to be allocated cy pres to one or more recipients to be approved by the Ontario Court, The Act Respecting the Fonds d'aide aux actions collectives, CQLR c F-3. 2.0.1.1 will apply to the portion of any remaining balance, if any, attributable to Quebec Settlement Class MembersMembers who are residents of Quebec. (4) The notice advising Settlement Class Members of the hearing to approve the Distribution Protocol must provide that Quebec residents wishing to object to the Distribution Protocol will be permitted to present submissions on the Distribution Protocol before the competent Court(s) and inform them of the procedure to do so.

Appears in 1 contract

Samples: Settlement Agreement

Distribution Protocol. (1) At a time wholly within the discretion of Class Counsel, but on notice to the Settling Defendants, Class Counsel will bring motions seeking orders from the Courts approving the Distribution Protocol. The motions can be brought before the Effective Date, but the orders approving the Distribution Protocol shall be conditional on the Effective Date occurring. (2) The Distribution Protocol shall require Settlement Class Members seeking compensation to give credit for any compensation received through other proceedings or in private out-of-class settlements, unless by such proceedings or private out-of-class settlements the Settlement Class Member’s claim was released in its entirety, in which case the Settlement Class Member shall be deemed ineligible for any further compensation. (3) In addition, the Distribution Protocol shall treat residents of Quebec in the equivalent manner to residents elsewhere in Canada and must comply with the requirements of Quebec law, including in respect of remittances to the Fonds d’Aide aux actions collectives and in case of any remaining balance to be allocated cy pres to one or more recipients to be approved by the Ontario Court, The Act Respecting the Fonds d'aide aux actions collectives, CQLR c F-3. 2.0.1.1 will apply to the portion of any remaining balance, if any, attributable to Quebec Settlement Class MembersMembers who are residents of Quebec. (4) The notice advising Settlement Class Members of the hearing to approve the Distribution Protocol must provide that Quebec residents wishing to object to the Distribution Protocol will be permitted to present submissions on the Distribution Protocol before the competent Court(s) and inform them of the procedure to do so.

Appears in 1 contract

Samples: Settlement Agreement

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