DISTRIBUTION TO AUTHORIZED CLAIMANTS. The Claims Administrator, subject to such supervision and direction of Lead Counsel and/or the Court as may be necessary or as circumstances may require, shall administer the Settlement in accordance with the terms of this Stipulation, the Court-approved Plan of Allocation, and subject to the jurisdiction of the Court. Defendants and Defendants’ Counsel shall have no responsibility for (except as stated in ¶¶ 6 and 36 hereof), interest in, or liability whatsoever with respect to the administration of the Settlement or the actions or decisions of the Claims Administrator, and shall have no liability to the Settlement Class in connection with such administration.
DISTRIBUTION TO AUTHORIZED CLAIMANTS. Except as otherwise provided herein, the Settlement Fund shall be held in the Escrow Account until the Effective Date.
DISTRIBUTION TO AUTHORIZED CLAIMANTS. As soon as practicable after the completion of the claims submission and election for review process, the Administrator will bring a motion to the Court for authorization to make Distributions from the Compensation Fund. In support of this motion, the Administrator will file the Distribution List with the Court in a manner that protects the privacy of persons on the Distribution List.
DISTRIBUTION TO AUTHORIZED CLAIMANTS. Lead Counsel will apply to the Court for a Distribution Order, on notice to Defendants’ Counsel, approving the Claims Administrator’s administrative determinations concerning the acceptance and rejection of the claims submitted herein, and, if the Effective Date has occurred, directing the payment of the Net Settlement Fund to Authorized Claimants.
DISTRIBUTION TO AUTHORIZED CLAIMANTS. Following the Claims Bar Deadline, and in accordance with the terms of the Settlement Agreement, the Distribution Protocol, and such further approval or order of the Court as may be necessary, or as circumstances may require, the Administrator shall distribute the Net Settlement Amount to Authorized Claimants.
DISTRIBUTION TO AUTHORIZED CLAIMANTS. Class Counsel will apply to the Court for a Distribution Order, on notice to Defendants’ Counsel, approving the Claims Administrator’s determinations concerning the acceptance and rejection of the claims submitted in the Settlement, and, if the Effective Date has occurred, directing the payment of the Net Settlement Fund to Authorized Claimants.
DISTRIBUTION TO AUTHORIZED CLAIMANTS. The Claims Administrator shall determine each Authorized Claimant’s pro rata share of the Net Settlement Fund based upon each Authorized Claimant’s Recognized Claim as defined in the Plan of Allocation described in the Notice annexed hereto as Exhibit A-1 to Exhibit A, or in such other Plan of Allocation as the Court approves.
DISTRIBUTION TO AUTHORIZED CLAIMANTS. 18. Except as provided herein, each Settlement Class Member must submit a valid Claim Form, prepared in accordance with 28 U.S.C. §1746 with a sworn affidavit and documentary proof of the purchase(s) of one or more Settlement Products during the relevant time periods as described above, to be eligible to be paid any portion of the Net Settlement Fund. Each Settlement Class Member who previously submitted a valid Claim Form pursuant to the Initial Agreement shall be deemed to have submitted a valid Claim Form under the terms of this Agreement if that previously submitted, valid Claim Form was supported by documentary proof of purchase(s) of one or more Settlement Products during the relevant time periods. In addition to those who submit or submitted a valid Claim Form, those Settlement Class Members who have been identified as such from the records of Babies “R” Us provided to the Claims Administrator shall be deemed Authorized Claimants. Any Settlement Class Member who submitted or submits a timely request for exclusion shall not be an Authorized Claimant. The Claims Administrator shall determine each Authorized Claimant’s respective Authorized Claim based upon a review of each Authorized Claimant’s Claim Form or the records of Babies “R” Us (for those Authorized Claimants identified through such records) in the manner described in the Notice or as otherwise approved by the Court.
19. Subject to approval by the Court, the Net Settlement Fund will be allocated to the Settlement Subclasses as set forth in the Allocation Order. In the event the Court disapproves of or modifies the Allocation Order except with respect to the payment of the Final Remaining Amount (as defined in the Allocation Order) to Defendants, such disapproval or modification shall have no effect on the terms of the Settlement or the Effective Date.
20. Each Authorized Claimant shall be paid a share of the Net Settlement Fund based on his or her Authorized Claim as set forth in the Allocation Order. The Payments shall be made by checks valid for 90 days. Thereafter, to the extent there are portions of the Settlement Fund remaining as a result of uncashed checks, unclaimed funds or otherwise, such funds, defined in the Allocation Order as the Final Remaining Amount, shall be paid to Defendants within ten (10) days of the determination of the Final Remaining Amount in such manner as Defendants shall jointly instruct the Settlement Trustees and/or the Claims Administrator. Upon such payment, c...
DISTRIBUTION TO AUTHORIZED CLAIMANTS. No earlier than six (6) months after the Effective Date, Lead Counsel may apply to the Court for a Distribution Order, on notice to Defendants’ Counsel, approving the Claims Administrator’s administrative determinations concerning the acceptance and rejection of the claims submitted herein and approving any fees and expenses not previously paid, including the fees and expenses of the Claims Administrator, and directing the payment and/or distribution of the Net Settlement Fund, less the Tax Reserve, to Authorized Claimants. The Tax Reserve shall remain in the Final Escrow Account and shall not be paid or distributed out of the Final Escrow Account until the later of (a) twelve (12) months following an AAR ruling without a challenge or judicial review of the AAR ruling being sought by any Indian tax authority (including the Indian Department of Revenue) or otherwise, or (b) if such a challenge or judicial review of the AAR ruling is sought, until such judicial review or challenge is finally resolved. For purposes of this paragraph, the Tax Reserve shall be reduced by the amount of any Taxes paid pursuant to an AAR ruling.
DISTRIBUTION TO AUTHORIZED CLAIMANTS. 48. For each Class Member submitting an Accepted Claim Form, the Claims Administrator will pay to that Class Member $4.00 for each jar of Nutella purchased during the Class Period, up to a maximum total of $20.00 for each Class Member, family member of a Class Member, or any person who resides in the same household as such Class Member. Payments to Claimants may be subject to pro rata reduction if the aggregate number of claims exceeds the Net Settlement Fund. Such payment shall be made by check and mailed to the Claimants following, but no later than 45 days after, the Effective Date.
49. If all eligible Claims have been paid and funds remain in the Net Settlement Fund 270 days following the close of the Effective Date, the Parties shall meet and confer regarding, subject to an application to be filed by Class Counsel to the Court and the Court’s approval thereof, the distribution of any remaining funds to an appropriate organization approved by the Court (as a cy pres award) or to Claimants (as a supplemental distribution) or a combination thereof. The remaining funds, if any, shall not revert to Ferrero.
