Effect of Non-Participating Class Members. Non-Participating Class Members will receive no Settlement Share, and their Election Not to Participate in Settlement will reduce neither the Gross Settlement Amount nor the Net Settlement Amount. Their respective Settlement Shares will remain a part of the Net Settlement Amount for distribution to Participating Class Members on a pro rata basis relative to their Settlement Shares.
Effect of Non-Participating Class Members. Class Members who timely and properly submit an Election Not to Participate in Settlement will not participate in or be bound by the Settlement; will not receive a Settlement Share; and will not be included with those other Participating Class Members counted for purposes of the calculation of Settlement Shares, but they will retain their right, if any, to pursue an individual claim against AxisPoint that would have been released under the Settlement had they been Participating Class Members. The Settlement Share that otherwise would have been payable to such Class Member will be retained in the Settlement Amount for distribution to all other Participating Class Members.
Effect of Non-Participating Class Members. 22 on Calculation of Individual Class Payments.
Effect of Non-Participating Class Members on Calculation of Individual Class Payments. Non-Participating Class Members will not receive any Individual Class Payments. The Administrator will retain amounts equal to their Individual Class Payments in the Net Settlement Amount for distribution to Participating Class Members on a pro rata basis.
Effect of Non-Participating Class Members. Non-Participating Class Members will receive no Settlement Award, and any unclaimed Net Settlement Amount due to their election not to participate will revert to Defendants, provided that to ensure that a minimum amount of the Net Settlement Amount is paid out to Participating Class Members, and that such amounts do not revert back to Defendants due to a low participation rate, in the event that the total amount initially calculated as payable to all Participating Settlement Class Member is less than 35% of the Net Settlement Amount, the Parties have agreed that at least 35% of the Net Settlement Amount shall be distributed to Participating Class Settlements, on a pro rata basis. In other words, if the amount initially calculated as payable to all Participating Settlement Members is less than or equal to 35% of the Net Settlement Amount, then 65% of Net Settlement Amount will revert to Defendants. If the amount initially calculated as payable to all Participating Settlement Members is greater than 35% of the Net Settlement Amount, then the remaining Net Settlement Amount will revert to Defendants. The reversion to Defendants will occur at the end of all payouts and only after any disputes are resolved and in no event prior to the full payment and payouts described in section IIIB above. No amounts paid in pursuant to the schedule in Section IIIB will be considered reversionary (or allocated as such) until all obligations of the settlement fund (for payments to claimants, attorneys, claims administrator, class representative, the State of California, etc) are satisfied. However, in the event that all obligations of the settlement fund are satisfied (including any disputes) prior to the completion of the payouts described in Section IIIB, then any additional payments that would simply be reverted to Defendants will become unnecessary.
Effect of Non-Participating Class Members. Non-Participating Class Members will receive no Settlement Share, and their request not to participate will not reduce the Gross Settlement Amount or the Net Settlement Fund; provided that any Non-Participating Class Member will nonetheless receive a PAGA Payment if he or she was employed in a non- exempt position in California during the PAGA Period. Their respective Settlement Shares will be retained in the Net Settlement Fund for distribution to Participating Class Members.
Effect of Non-Participating Class Members. Non-Participating Class Members will receive no Settlement Share based on their election not to participate. The shares of Non-Participating Class Members will be distributed to Claimants.
Effect of Non-Participating Class Members. Non-Participating Class Members will receive no Settlement Share, except as set forth in Paragraph III(D)(3) below, and will not release any of the Class Released Claims, but will release the PAGA Released Claims.
