Distribution to Consumers Sample Clauses

Distribution to Consumers. 1. Class Counsel will strive to devise a Distribution Plan that will maximize direct Consumer recovery, minimize any residue, and minimize administrative expenses consistent with the provision of fair, adequate and reasonable notice to Consumers. The Distribution Plan shall be devised by Class Counsel, after consultation with the Settling Defendants and Liaison States, and shall, at a minimum and to the extent practicable, provide Consumers with the option of receiving payment in the form of a check or a credit for the purchase of either print books or E-books. The Distribution Plan shall provide that credits may be used for any print book or E-book purchase, regardless of publisher. Unless otherwise ordered by the Court, credits may be applied to purchases for a period of one (1) year from the date they are made available to Consumers. The Distribution Plan may also contain provisions for multiple distributions, or a single, later distribution to Consumers if appropriate. 2. Any amount remaining in the Settlement Account after redemption of all cash and credits within the time period approved by the Court shall be distributed pursuant to subsequent consumer distributions, if feasible or, if approved by the Court will be distributed by Class Counsel for cy pres purposes to one or more charitable organizations whose purposes relate to reading, literacy, or access by the public to electronic books. 3. The Settling Parties agree and understand that any proposed Distribution Plan is to be considered by the Court separately from the Court’s consideration of the fairness, reasonableness and adequacy of the settlement set forth in the Settlement Agreement, and any order or proceedings relating to the Distribution Plan shall not operate to terminate or cancel this Settlement Agreement or affect the finality of the Court’s Final Judgment approving the Settlement Agreement and the settlement set forth herein, or any other orders entered pursuant to the Settlement Agreement. 4. The Distribution Plan shall be submitted to the Court for approval in connection with Class Counsel’s Motion for Preliminary Approval of the Settlement and Preliminary Certification of a Class for Purposes of Settlement (“Motion for Preliminary Approval”).

Distribution to Consumers. All funds remaining in the Settlement Account after payment of the costs and fees set forth in Section VI.A. above shall be distributed for the benefit of injured consumers. Due to the impracticability of identifying particular injured purchasers of Nine West Products during the Relevant Period, and the high costs of administering an ad hoc refund program relative to the average award to individual consumers, all remaining monies in the Settlement Account will be used for distribution in lieu of consumer restitution (hereinafter “the Distribution”) as follows: 1. Each participating State’s share of the Distribution will be allocated according to its percentage of the cumulative population of the Plaintiff States. 2. Each Plaintiff State, through its Attorney General or as otherwise authorized by state law, shall direct that its pro rata share of the Distribution be distributed to that State, a political subdivision(s) thereof, a not-for-profit corporation(s) and/or a charitable organization(s) with express conditions ensuring that the funds be used to fund women's health, women’s educational, women’s vocational, and/or women’s safety programs. A Plaintiff State choosing to directly receive its pro rata share ofthe Distributionmaydirectly appropriate such funds, subject to the above stated conditions, or may distribute such funds to a political subdivision(s) thereof, a not-for-profit corporation(s) and/or a charitable organization(s), to be used subject to the express conditions stated above. Each Plaintiff State shall direct that its share of the Distribution shall only be used to fund activities which have not been funded and which, but for the receipt of money from the Distribution, would not be fully funded. If a Plaintiff State uses its Distribution to fund an activity which has previously been partially funded, it will direct that the distributed funds do not supplant existing funding and are only used to fund shortfalls in existing funding.

Distribution to Consumers. The Escrow Agent and/or a claims administrator employed by the Plaintiff States shall distribute and/or administer the distribution of all funds remaining in the Consumer Fund after payment of the costs and expenses set forth in Section VI.A.2 above, according to the Court-approved Consumer Distribution Plan. The Consumer Distribution Plan shall be consistent with the Guidelines Governing Development of Consumer Distribution Plan, appended as Attachment 7 to this Settlement Agreement.