Common use of Establishment of Settlement Fund Clause in Contracts

Establishment of Settlement Fund. a. Defendant agrees to establish a Settlement Fund in the amount of $1,023,750.00 (one million twenty-three thousand seven hundred and fifty dollars), which will fully resolve this action on a class-wide basis. Defendant represents that the Class consists of 975 people. If the final number of Settlement Class Members identified on the Class List is greater than, or less than, 975, the size of the Settlement Fund will be increased, or decreased, proportionally by $1,050 per class member. b. The Settlement Fund shall be divided equally among the Settlement Class Members who do not choose to exclude themselves from the Settlement Class, less pro rata deductions for any Fee Award, any Service Award, and Administrative Expenses. Settlement Class Members shall receive their pro rata shares of the Settlement Fund automatically without having to submit a claim form or otherwise “opt in” to the Settlement Class. c. Within fourteen (14) days of the Effective Date of this Agreement, Defendant shall pay to the Settlement Administrator the Settlement Fund, subject to any adjustment required by Paragraph 44(a) above. The foregoing payment obligations are contingent on receipt of the fully-executed Settlement Agreement; the W-9 of the Settlement Administrator or of the settlement fund;, the name of the payee for the settlement check; and the address(es) or wire transfer information for where the settlement funds should be sent by check or wire transfer. d. All funds provided to the Settlement Administrator under this Agreement shall be maintained by an escrow agent as a Court-approved 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 interest-bearing account. e. Any uncashed amounts from the Settlement Fund (including checks disbursed to Settlement Class Members that remain uncashed for any reason within 100 days of issuance of the check) will be redistributed on an equal, pro rata basis to Settlement Class Members who cashed their initial check. Any uncashed amounts after the second distribution shall be distributed to a cy pres recipient(s) selected by the Parties and approved by the Court. f. The Settlement Fund represents the total extent of Defendant’s monetary obligations under the Settlement Agreement. Other than as set forth in Paragraph 44(a), Defendant’s contributions to the Settlement Fund shall be fixed under this Agreement and final. Defendant shall have no obligation to make further payments to the Settlement Fund and shall have no financial responsibility or obligation relating to the Settlement beyond the Settlement Fund. g. The Court may require changes to the method of allocation to Settlement Class Members without invalidating this Settlement Agreement, provided that the other material terms of the Settlement Agreement are not altered, including but not limited to the scope of the Release, the scope of the Settlement Class, and the terms and amount of the Settlement Fund.

Establishment of Settlement Fund. a. Defendant agrees to establish a Settlement Fund in the amount of $1,023,750.00 (one million twenty-three thousand seven hundred and fifty dollars), which will fully resolve this action on a class-wide basis. Defendant represents that the Class consists of 975 people. If the final number of Settlement Class Members identified on the Class List is greater than, or less than, 975, the size of the Settlement Fund will be increased, or decreased, proportionally by $1,050 per class member. b. The Settlement Fund shall be divided equally among the Settlement Class Members who do not choose to exclude themselves from the Settlement Class, less pro rata deductions for any Fee Award, any Service Award, and Administrative Expenses. Settlement Class Members shall receive their pro rata shares of the Settlement Fund automatically without having to submit a claim form or otherwise “opt in” to the Settlement Class. c. Within fourteen (14) days of Preliminary Approval, Defendant shall create the Effective Date Settlement Fund by paying to the Settlement Administrator a reasonable estimate of this Agreementthe Administrative Expenses. Within forty-five (45) days of Preliminary Approval, Defendant shall pay to the Settlement Administrator remainder of the total sum of $3,375,519.00 (Three Million Three Hundred Seventy-Five Thousand Five Hundred and Nineteen Dollars) into the Settlement Fund, subject to any adjustment required by Paragraph 44(a) above. The foregoing payment obligations are contingent on receipt of the fully-executed Settlement Agreement; the adequate payment instructions and a valid W-9 of for the Settlement Administrator or of the settlement fund;, the name of the payee for the settlement check; and the address(es) or wire transfer information for where the settlement funds should be sent by check or wire transferFund. d. b. All funds required to be paid by Defendant under this paragraph shall be provided by Defendant to the Settlement Administrator under this Agreement shall be and maintained by an escrow agent as a Court-approved Qualified Settlement Fund pursuant to Section 1.468B-1, 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 interest-bearing account. e. Any uncashed amounts from c. If the Settlement Agreement is not finally approved, the Settlement Fund (including checks disbursed belongs to Settlement Class Members that remain uncashed Defendant, less any Administrative Expenses paid to date. Plaintiff shall have no financial responsibility for any reason within 100 days of issuance Administrative Expenses paid out of the checkSettlement Fund in the event that the Settlement Agreement is not finally approved. d. The Settlement Fund shall be used to pay (i) will be redistributed on Approved Claims, (ii) an equalIncentive Award to the Class Representative, pro rata basis (iii) the Fee Award; and (iv) costs of administration of the Agreement to the Settlement Class Members who cashed their initial check. Any Administrator, including without limitation payment of Administrative Expenses. e. In accordance with Section VI below, the amount of any uncashed amounts checks after the second distribution shall expiration date, less any funds necessary for settlement administration, will be distributed to a cy pres recipient(s) selected by the Parties and approved by the Court. f. The Settlement Fund represents the total extent of Defendant’s the Released Parties’ monetary obligations under the Settlement Agreement. Other than as set forth in Paragraph 44(a), Defendant’s contributions contribution to the Settlement Fund shall be fixed under this Agreement Section and be final. Defendant Released Parties shall have no obligation to make further payments to into the Settlement Fund and shall have no financial responsibility or obligation relating to the Settlement settlement beyond the Settlement Fund. g. The Court may require changes to the method of allocation to Settlement Class Members without invalidating this Settlement Agreement, provided that the other material terms of the Settlement Agreement are not altered, FILED DATE: 4/29/2021 8:36 PM 2019CH00205 including but not limited to the scope of the Release, the scope of the Settlement Class, and the terms and amount of the Settlement Fund.

Establishment of Settlement Fund. a. Defendant agrees Conditional upon advance receipt of instructions and a Form W-9 from the Settlement Administrator, Counter-Defendants shall pay to establish the Settlement Administrator a total sum not to exceed $1,010,000 to create a Settlement Fund in at the amount of following intervals: i. The first $1,023,750.00 (one million twenty-three thousand seven hundred and fifty dollars), which will fully resolve this action on a class-wide basis. Defendant represents that the Class consists of 975 people. If the final number of Settlement Class Members identified on the Class List is greater than, or less than, 975, the size of the Settlement Fund will be increased, or decreased, proportionally by $1,050 per class member. b. The Settlement Fund shall be divided equally among the Settlement Class Members who do not choose to exclude themselves from the Settlement Class, less pro rata deductions for any Fee Award, any Service Award, and Administrative Expenses. Settlement Class Members shall receive their pro rata shares of the Settlement Fund automatically without having to submit a claim form or otherwise “opt in” to the Settlement Class. c. Within 50,000 within fourteen (14) days of the entry of the Preliminary Approval Order for Administrative Expenses; and ii. The remaining balance not to exceed $960,000 within fourteen (14) days after the Effective Date Date. The amount to be paid at this interval will depend on the calculation of the Fee Award as detailed below in this Agreement. The amount to be paid at this interval may be increased only to the extent necessary to pay any Administrative Expenses in excess of $50,000. b. Provided that Final Approval of this Agreement is granted by the Court without material change, material amendment, or material modification, the consideration described herein will be provided in exchange for a comprehensive release and the covenants set forth in this Agreement, Defendant shall pay including, without limitation, a full, fair, and complete release of all Releasees from Released Claims, and dismissal of the Consolidated Actions with prejudice. c. The funds provided by or on behalf of Counter-Defendants to the Settlement Administrator the Settlement Fund, subject to any adjustment required by Paragraph 44(a) above. The foregoing payment obligations are contingent on receipt of the fully-executed Settlement Agreement; the W-9 of the Settlement Administrator or of the settlement fund;, the name of the payee for the settlement check; and the address(es) or wire transfer information for where the settlement funds should be sent by check or wire transfer. d. All funds provided to the Settlement Administrator under this Agreement shall will be maintained by an escrow agent as a Court-approved 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 interest-bearing account. e. Any uncashed amounts from d. If the Settlement Agreement is not finally approved, the Settlement Fund (including checks disbursed belongs to Settlement Class Members that remain uncashed Counter-Defendants less any Administrative Expenses paid to date. Counter-Plaintiffs shall have no financial responsibility for any reason within 100 days of issuance Administrative Expenses paid out of the check) will be redistributed on an equal, pro rata basis to Settlement Class Members who cashed their initial check. Any uncashed amounts after Fund in the second distribution event that the Settlement Agreement is not finally approved. e. The Settlement Fund shall be distributed used to pay: (i) a cy pres recipient(sService Award to Xxxxxx Xxxxx ($5,000.00); (ii) selected by a Service Award to Xxxxxxx Xxxxxxx ($5,000.00); (iii) the Parties Fee Award detailed below; and approved by (iv) payment of Administrative Expenses to the CourtSettlement Administrator estimated not to exceed $ 50,000. f. The Settlement Fund and the Credits described immediately below represents the total extent of Defendant’s the Counter-Defendants’ monetary obligations under the Settlement Agreement. Other than as set forth in Paragraph 44(a), Defendant’s Counter-Defendants’ contributions to the Settlement Fund shall be fixed under this Agreement Section and final. Defendant Counter-Defendants and the other Releasees shall have no obligation to make further payments to into the Settlement Fund and shall have no financial responsibility or obligation relating to the Settlement beyond the Settlement Fund. g. The Court may require changes to the method of allocation to Settlement Class Members without invalidating this Settlement Agreement, provided that the other material terms of the Settlement Agreement are not altered, including but not limited to the scope of the Release, the scope of the Settlement Class, and the terms and amount of the Settlement Fund.

Establishment of Settlement Fund. a. Within seven (7) days after the entry of the Preliminary Approval Order, Defendant agrees to establish a shall fund the Settlement Fund in the amount of $1,023,750.00 25,000.00 (one million twentyTwenty-Five Thousand Dollars) to pay for Administrative Expenses. Within three thousand seven hundred and fifty dollars)(3) business days of the Effective Date, which will fully resolve Defendant shall fund the remainder of the Settlement Fund as needed to satisfy the categories of payments set forth in paragraph (d) below, consistent with the provisions of Section XV. Provided that this action on a class-wide basis. Defendant represents that Agreement is finally approved by the Class consists of 975 people. If the final number of Settlement Class Members identified on the Class List is greater thanCourt without material change, material amendment, or less thanmaterial modification, 975, the size of the Settlement Fund will be increasedused to satisfy Approved Claims for Settlement Class Members in exchange for a comprehensive release and the covenants set forth in this Agreement, or decreasedincluding, proportionally by $1,050 per class memberwithout limitation, a full, fair and complete release of Released Parties from Released Claims, and dismissal of the Litigation with prejudice. b. The Settlement Fund amount to be paid by Defendant under this Section shall be divided equally among the Settlement Class Members who do not choose to exclude themselves from the Settlement Class, less pro rata deductions for any Fee Award, any Service Award, and Administrative Expenses. Settlement Class Members shall receive their pro rata shares of the Settlement Fund automatically without having to submit a claim form or otherwise “opt in” to the Settlement Class. c. Within fourteen (14) days of the Effective Date of this Agreement, provided by Defendant shall pay to the Settlement Administrator the Settlement Fund, subject to any adjustment required by Paragraph 44(a) above. The foregoing payment obligations are contingent on receipt of the fully-executed Settlement Agreement; the W-9 of the Settlement Administrator or of the settlement fund;, the name of the payee for the settlement check; and the address(es) or wire transfer information for where the settlement funds should be sent by check or wire transfer. d. All funds provided to the Settlement Administrator under this Agreement shall be maintained by an escrow agent as a Court-approved Qualified Settlement Fund pursuant to Section 1.468B-1, FILED DATE: 12/13/2019 11:20 AM 2018CH11240 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 interest-bearing account. e. Any uncashed amounts from c. If the Settlement Agreement is not finally approved, the Settlement Fund (including checks disbursed belongs to Settlement Class Members that remain uncashed Defendant, less any Administrative Expenses paid to date. Plaintiff shall have no financial responsibility for any reason within 100 days of issuance Administrative Expenses paid out of the check) will be redistributed on an equal, pro rata basis to Settlement Class Members who cashed their initial check. Any uncashed amounts after Fund in the second distribution event that the Settlement Agreement is not finally approved. d. The Settlement Fund shall be distributed used to pay (i) the Fee Award, (ii) an Incentive Award to the Class Representative, (iii) costs of administration of the Agreement to the Settlement Administrator, including without limitation payment of Administrative Expenses, (iv) Approved Claims, and (v) a cy pres recipient(spayment of $15,000.00 (Fifteen Thousand Dollars) selected by to the Parties and Chicago Bar Foundation, or other cy pres recipient approved by the Court. Any amount of the Settlement Fund not required to satisfy payment obligations from categories (i-iv) described in this paragraph shall revert to Defendant. f. e. The Settlement Fund represents the total extent of Defendant’s monetary obligations under the Settlement Agreement. Other than as set forth in Paragraph 44(a), Defendant’s contributions contribution to the Settlement Fund shall be fixed under this Agreement Section and be final. Defendant shall have no obligation to make further payments to into the Settlement Fund and shall have no financial responsibility or obligation relating to the Settlement beyond the Settlement Fund. g. f. The Court may require changes to the method of allocation to Settlement Class Members without invalidating this Settlement Agreement, provided that the other material terms of the Settlement Agreement are not altered, including but not limited to the scope of the Release, the scope of the Settlement Class, reversionary rights, and the terms and amount of the Settlement Fund.

Establishment of Settlement Fund. a. Defendant agrees to establish a Settlement Fund in the amount of $1,023,750.00 Within sixty (one million twenty-three thousand seven hundred and fifty dollars), which will fully resolve this action on a class-wide basis. Defendant represents that the Class consists of 975 people. If the final number of Settlement Class Members identified on the Class List is greater than, or less than, 975, the size of the Settlement Fund will be increased, or decreased, proportionally by $1,050 per class member. b. The Settlement Fund shall be divided equally among the Settlement Class Members who do not choose to exclude themselves from the Settlement Class, less pro rata deductions for any Fee Award, any Service Award, and Administrative Expenses. Settlement Class Members shall receive their pro rata shares of the Settlement Fund automatically without having to submit a claim form or otherwise “opt in” to the Settlement Class. c. Within fourteen (1460) days of the Effective Date entry of this Agreementthe Preliminary Approval Order, Defendant Defendants shall pay to the Settlement Administrator the total sum of four hundred sixty-five thousand dollars ($465,000.00) to establish the Settlement Fund. Provided that this Agreement is finally approved by the Court without material change, subject material amendment, or material modification, the Settlement Fund will be used to any adjustment required by Paragraph 44(a) above. The foregoing payment obligations are contingent on receipt pay a Service Award to the Class Representative, a Fee Award to Class Counsel, the Administrative Expenses to the Settlement Administrator, and Settlement Shares to Settlement Class Members in exchange for the release and the covenants set forth in this Agreement and the dismissal of the fully-executed Settlement Agreement; the W-9 of the Settlement Administrator or of the settlement fund;, the name of the payee for the settlement check; and the address(es) or wire transfer information for where the settlement funds should be sent by check or wire transferLitigation with prejudice. d. All funds b. The Settlement Fund provided by Defendants to the Settlement Administrator under this Agreement shall will be maintained by an escrow agent as a Court-approved Qualified Settlement Fund (“QSF”) pursuant to Section 1.468B-1, 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 interest-bearing account. The QSF shall be controlled by the Settlement Administrator for the purposes of completing the Settlement, subject to the terms of the Parties’ Agreement and the Court’s orders. The Settlement Administrator will maintain the QSF at a federally-insured bank FILED DATE: 5/6/2022 3:09 PM 2021CH00177 that is mutually acceptable to the parties and will not permit any other funds to be co-mingled within the QSF. In no event shall there be any distribution from the QSF until after the Effective Date and all conditions precedent specified in this Agreement have been completely satisfied. e. Any uncashed amounts from c. If the Settlement Agreement is not finally approved, for any reason, the Settlement Fund (including checks disbursed belongs to Settlement Class Members that remain uncashed for any reason within 100 days of issuance of the check) will be redistributed on an equal, pro rata basis to Settlement Class Members who cashed their initial check. Any uncashed amounts after the second distribution and shall be distributed repaid to a cy pres recipient(s) selected Defendants, less any expenses incurred by the Parties and approved by the CourtSettlement Administrator to date. f. d. The Settlement Fund represents the total extent of Defendant’s monetary obligations under the Settlement Agreement. Other than as set forth in Paragraph 44(a), Defendant’s contributions to the Settlement Fund shall be fixed under this Agreement used to pay (i) all Settlement Shares to Settlement Class Members; (ii) a Service Award to the Class Representative; (iii) the Fee Award to Class Counsel; and final. Defendant shall have no obligation to make further payments (iv) Administrative Expenses to the Settlement Fund and shall have no financial responsibility or obligation relating to the Settlement beyond the Settlement FundAdministrator. g. The Court may require changes to the method of allocation to Settlement Class Members without invalidating this Settlement Agreement, provided that the other material terms of the Settlement Agreement are not altered, including but not limited to the scope of the Release, the scope of the Settlement Class, and the terms and amount of the Settlement Fund.

Establishment of Settlement Fund. a. Defendant agrees to establish a Settlement Fund in the amount of $1,023,750.00 (one million twenty-three thousand seven hundred and fifty dollars), which will fully resolve this action on a class-wide basis. Defendant represents that the Class consists of 975 people. If the final number of Settlement Class Members identified on the Class List is greater than, or less than, 975, the size of the Settlement Fund will be increased, or decreased, proportionally by $1,050 per class member. b. The Settlement Fund shall be divided equally among the Settlement Class Members who do not choose to exclude themselves from the Settlement Class, less pro rata deductions for any Fee Award, any Service Award, and Administrative Expenses. Settlement Class Members shall receive their pro rata shares of the Settlement Fund automatically without having to submit a claim form or otherwise “opt in” to the Settlement Class. c. Within fourteen (14) business days of entry of the Effective Date of this AgreementFinal Approval Order, Defendant shall pay create the Settlement Fund by paying to the Settlement Administrator the Settlement Fundtotal sum of $8,000,000.00 (Eight Million Dollars) less the sum of $150,000.00 (One Hundred and Fifty Thousand Dollars), subject to any adjustment required by Paragraph 44(a) above. The foregoing payment obligations are contingent on receipt of the fully-executed Settlement Agreement; the W-9 of the Settlement Administrator or of the settlement fund;, the name of the payee for the settlement check; and the address(es) or wire transfer information for where the settlement funds should which shall be sent by check or wire transfer. d. All funds provided paid to the Settlement Administrator for notice and administration expenses within ten (10) business days of the entry of the Preliminary Approval Order. b. All funds required to be paid by Defendant under this Agreement paragraph shall be provided by Defendant to the Settlement Administrator and maintained by an escrow agent as a Court-approved Qualified Settlement Fund pursuant to Section 1.468B-1, 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 interest-bearing account. e. Any uncashed amounts from c. If the Settlement Agreement is not finally approved, the Settlement Fund (including checks disbursed belongs to Settlement Class Members that remain uncashed Defendant, less any Administrative Expenses paid to date. Plaintiff shall have no financial responsibility for any reason within 100 days of issuance Administrative Expenses paid out of the checkSettlement Fund in the event that the Settlement Agreement is not finally approved. d. The Settlement Fund shall be used to pay all monetary obligations relating to the Settlement Agreement, including, but not limited to: (i) Approved Claims, (ii) an Incentive Award to the Class Representative, (iii) the Fee Award; and (iv) costs of administration of the Agreement to the Settlement Administrator, including without limitation payment of Administrative Expenses. e. In accordance with Section VII below, the amount of any uncashed checks after the expiration date, less any funds necessary for settlement administration, will be redistributed on an equal, pro rata basis to Settlement Class Members who cashed their initial check. Any uncashed amounts after the second distribution shall be distributed to a as cy pres to Chicago Volunteer Legal Services, or any other recipient(s) selected by the Parties and approved by the Court. f. The Settlement Fund represents the total extent of Defendant’s monetary obligations under the Settlement Agreement. Other than as set forth in Paragraph 44(a), Defendant’s contributions to the Settlement Fund shall be fixed under this Agreement and final. Defendant shall have no obligation to make further payments to the Settlement Fund and shall have no financial responsibility or obligation relating to the Settlement beyond the Settlement Fund. In no event shall any portion of the Settlement Fund revert, return to, or remain with Defendant or any other entity. g. The Court may require changes to the method of allocation to Settlement Class Members without invalidating this Settlement Agreement, provided that the other material terms of the Settlement Agreement are not altered, including but not limited to the scope of the Release, the scope of the Settlement Class, and the material terms and amount of the Settlement Fund.

Establishment of Settlement Fund. a. Defendant agrees to establish a Settlement Fund in the amount of $1,023,750.00 (one million twenty-three thousand seven hundred and fifty dollars)873,600.00, which will fully resolve this action on a class-wide basis. Defendant represents that the Class consists of 975 168 people. If the final number of Settlement Class Members identified on the Class List is greater thanthan 168, or less than, 975, the size of the Settlement Fund will shall be increased, or decreased, proportionally increased by $1,050 per class member5,200.00 for each additional Settlement Class Member over 168. b. The Settlement Fund shall be divided equally among the Settlement Class Members who do not choose to exclude themselves from the Settlement Class, less pro rata deductions for any Fee Award, any Service Award, and Administrative Expenses. Settlement Class Members shall receive their pro rata shares of the Settlement Fund automatically without having to submit a claim form or otherwise “opt in” to the Settlement Class. c. Within fourteen (14Defendant shall fund the Settlement Fund in the amount of $873,600.00, subject to any increase required by Paragraph 52(a) above, within 14 days of the Effective Date of this Agreement, Defendant shall pay to the Settlement Administrator the Settlement Fund, subject to any adjustment required by Paragraph 44(a) above. The foregoing payment obligations are contingent on receipt of the fully-executed Settlement Agreement; the W-9 of the Settlement Administrator or of the settlement fund;, the name of the payee for the settlement check; and the address(es) or wire transfer information for where the settlement funds should be sent by check or wire transferDate. d. All funds provided to the Settlement Administrator by Defendant under this Agreement shall be maintained by an escrow agent as a Court-approved 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 interest-interest- bearing account. e. If the Settlement Agreement is not finally approved for any reason, the Settlement Fund belongs to Defendant, less any Administrative Expenses incurred. Plaintiff shall have no financial responsibility for any Administrative Expenses paid out of the Settlement Fund. f. Any uncashed check amounts from the Settlement Fund following the distribution of payments to the Settlement Class Members (including checks disbursed to Settlement Class Members that remain uncashed for any reason within 100 90 days of issuance of the check) will be redistributed on an equal, pro rata basis to Settlement Class Members who cashed their initial check. Any uncashed amounts after the second distribution shall be distributed to a cy pres recipient(s) selected by the Parties and approved by the Court. f. g. The Settlement Fund represents the total extent of Defendant’s monetary obligations under the Settlement Agreement. Other than as set forth in Paragraph 44(a), Defendant’s contributions to the Settlement Fund shall be fixed under this Agreement and final. Other than as set forth in Paragraph 52(a), Defendant shall have no obligation to make further payments to the Settlement Fund and shall have no financial responsibility or obligation relating to the Settlement beyond the Settlement Fund. g. h. The Court may require changes to the method of allocation to Settlement Class Members without invalidating this Settlement Agreement, provided that the other material terms of the Settlement Agreement are not altered, including but not limited to the scope of the Release, the scope of the Settlement Class, and the terms and amount of the Settlement Fund.