Individual Settlement Payment Calculations Sample Clauses

Individual Settlement Payment Calculations. Individual Settlement Payments will be 2 calculated and apportioned from the Net Settlement Amount to Settlement Class Members on a pro 3 rata basis depending on the number of Workweeks during the Class Period. Settlement Class Members 4 do not need to submit a claim to participate and receive their Individual Settlement Payment. The 5 Parties agree that individuals who participated in the finally approved class and PAGA action
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Individual Settlement Payment Calculations. Individual Settlement Payments will be 4 calculated and apportioned proportionally among Class Members from the Net Settlement Amount based on 5 the total length of all videos which the Class Member captioned during the Settlement Class Period. If any Class 6 Member requests to be excluded from the settlement these funds shall remain part of the Net Settlement 7 Amount and shall proportionally increase each participating Class Member’s final Individual Settlement 8 Payment
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Individual Settlement Payment Calculations. Individual Settlement Payments will be 18 calculated and apportioned based on the Settlement Class Members’ Workweeks, as follows: 19 a. After Preliminary Approval of the Settlement, the Settlement Administrator will 20 divide the Net Settlement Amount by the Workweeks of all Class Members during the Class Period to 21 yield the “Estimated Class Workweek Value,” and multiply each Class Member’s individual Workweeks 22 during the Class Period by the Estimated Class Workweek Value to yield his or her estimated Individual 23 Settlement Share that he or she may be eligible to receive under the Settlement. 24 b. After Final Approval of the Settlement, the Settlement Administrator will divide 25 the final Net Settlement Amount by the Workweeks of all Settlement Class Members during the Class 26 Period to yield the “Final Class Workweek Value,” and multiply each Settlement Class Member’s 27 individual Workweeks during the Class Period by the Final Class Workweek Value to yield his or her
Sample 1
Individual Settlement Payment Calculations. Individual Settlement Payments will be calculated and apportioned from the Net Settlement Amount based on the number of Pre-Dynamex and post- Dynamex Workweeks a Class Member worked. Specific calculations of Individual Settlement Payments will be made as follows: 38(a) Defendant will calculate the total number of Pre-Dynamex and Post-Dynamex Workweeks actually worked by each Class Member (“Individual Pre-Dynamex Workweeks” and “Individual Post-Dynamex Workweeks”) and the total number of Pre-Dynamex and Post-Dynamex Workweeks actually worked by all Class Members (“Class Pre-Dynamex Workweeks” and Class “Post-Dynamex Workweeks”). Defendant will also calculate the total number of Workweeks actually worked by each Class Member during the PAGA Period (“Individual PAGA Workweek”) and the total number of Workweeks actually worked by all Class Members during the PAGA Period (“PAGA Workweeks”). DELSON, P. S Center 8th Street N 55402. 2136 30. 1000 38(b) To determine each Class Member’s Individual Settlement Payment, the Claims Administrator will use the following formula: Individual Settlement Payment = (0.25 × [Individual Pre-Dynamex Workweeks ÷ Total Pre-Dynamex Workweeks of Class Members]) + (0.75 × [Individual Post-Dynamex Workweeks ÷ Total LITTLER MEN 1300 ID Minneapolis, M Post-Dynamex Workweeks of Class Members]) × Net Settlement Amount.
Sample 1
Individual Settlement Payment Calculations. Individual Settlement Payments will be calculated and apportioned from the Class Fund Settlement Amount and PAGA Fund based on the number of Pay Periods a Class Member worked during the Class Period, and number of Pay Periods a PAGA Employee worked during the applicable PAGA Period. Specific calculations of Individual Settlement Payments will be made as follows:
Sample 1
Individual Settlement Payment Calculations. Individual Settlement Payments will be calculated and apportioned from the Net Settlement Amounts based on the number of Workweeks a Hose Participating Plaintiff worked during the Hose Recovery and Release Period and the number of Pay Periods during which Xxxxxx Aggrieved Employee worked during the Xxxxxx Recovery and Release Period. Specific calculations of Individual Settlement Payments will be made as follows:
Sample 1
Individual Settlement Payment Calculations. The Parties have agreed that the Individual Settlement Payments will be calculated and apportioned from the Net Settlement Amount based on the pro rata number of Workweeks a Participating Class Member worked during the Class Period. The Settlement Administrator shall calculate Individual Settlement Payments for Participating Class Members. Specific calculations of Individual Settlement Payments will be made as follows: a) The Settlement Adminsitrator will calculate the number of Workweeks worked by each Participating Class Member during the Class Period and the aggregate total number of Workweeks worked by all Participating Class Members during the Class Period. The Net Settlement Amount will be divided by the aggregate total number of Workweeks worked by all Participating Class Members, resulting in the “Workweek Value.” In accordance with the allocation of the Net Settlement Amount described hereinabove, ten-percent (10%) of the Workweek Value shall be allocated as the Participating FLSA Class Member’s FLSA Individual Settlement Payment and ninety-percent (90%) of the Workweek Value shall be allocated as the Participating California Class Member’s California Individual Settlement Payment. b) Each Participating Class Member’s allocation of the Net Settlement Amount will be reduced by any required deductions for each Participating Class Member as specifically set forth herein, including employee-side tax withholdings or deductions.
Sample 1
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Individual Settlement Payment Calculations. Individual Settlement Payments will be 16 calculated and apportioned from the Class Fund and PAGA Fund based on the number of Pay Periods a 17 Class Member worked during the Class Period, and number of Pay Periods a PAGA Member worked 18 during the applicable PAGA Period. Specific calculations of Individual Settlement Payments will be 19 made as follows:
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Individual Settlement Payment Calculations. 24 Individual Settlement Payments will be calculated and apportioned from the Net 25 Settlement Amount based on the number of workweeks a Class Member worked for Defendant in 26 California during the Class Period. Specific calculations of Individual Settlement Payments will 27 be made as follows: 1 a. The Claims Administrator will calculate the total number of weeks worked by each Class 3 Workweeks”) and the total number of weeks worked by all Class Members (“Class 4 Workweeks”) during the Class Period. 5 b. To determine each Class Member’s Individual Settlement Payment, the Claims 6 Administrator will use the following formula: Individual Settlement Payment = (Individual 7 Workweeks ÷ Class Workweeks) × Net Settlement Amount. 8 c. The Individual Settlement Payment will be reduced by any required deductions for each 9 Class Member as set forth herein, including employee-side tax withholdings or deductions. 10 d. Any monies of the Net Settlement Amount that remain unclaimed after the date to cash 11 settlement checks has expired shall be re-distributed to the Class Members who did not 12 timely exclude themselves from this settlement and who timely cashed their settlement 13 checks on a pro-rata basis using the same calculation as provided above.
Sample 1

Related to Individual Settlement Payment Calculations

  • Actual Settlement Date Accounting With respect to any sale or purchase transaction that is not posted to the Account on the contractual settlement date as referred to in Section 2.5, Bank shall post the transaction on the date on which the cash or Financial Assets received as consideration for the transaction is actually received by Bank.

  • Payment of Settlement Amount (1) Within thirty (30) days of the Execution Date, the Settling Defendants shall pay the Settlement Amount to Siskinds LLP for deposit into the Trust Account. The Settlement Amount shall be converted into Canadian currency upon deposit into the Trust Account. (2) The Settling Defendants shall deposit the Settlement Amount into the Trust Account by wire transfer. Siskinds LLP shall provide the necessary wire transfer information to Counsel for the Settling Defendants with reasonable advance notice so that the Settling Defendants have a reasonable period of time to comply with section 3.1(1) of this Settlement Agreement. (3) The Settlement Amount and other consideration to be provided in accordance with the terms of this Settlement Agreement shall be provided in full satisfaction of the Released Claims against the Releasees. (4) The Settlement Amount shall be all-inclusive of all amounts, including without limitation, interest, costs, Class Counsel Fees and Class Counsel Disbursements. (5) The Releasees shall have no obligation to pay any amount in addition to the Settlement Amount, for any reason, pursuant to or in furtherance of this Settlement Agreement or the Proceedings or any Other Actions. (6) Once a Claims Administrator has been appointed, Siskinds LLP shall transfer control of the Trust Account to the Claims Administrator. (7) Siskinds LLP and the Claims Administrator shall maintain the Trust Account as provided for in this Settlement Agreement. While in control of the Trust Account, Siskinds LLP and the Claims Administrator shall not pay out all or part of the monies in the Trust Account, except in accordance with this Settlement Agreement, or in accordance with an order of the Courts obtained after notice to the Parties.

  • Settlement Payment If the resulting net amount is positive, it shall be payable by the Defaulting Party to the Non-Defaulting Party, and if it is negative, then the absolute value of such amount shall be payable by the Non-Defaulting Party to the Defaulting Party.

  • Final Settlement Statement (a) As soon as practical and, in any event, no later than ninety (90) calendar days after the Closing Date, Sellers shall prepare and deliver to Buyer a statement (the “Final Settlement Statement”) setting forth Sellers’ calculation of the adjustments to the Purchase Price in accordance with Section 2.04. The Final Settlement Statement shall be prepared in accordance with this Agreement and on a basis consistent with the preparation of the Closing Statement as described in Section 2.04(d), and shall set forth Sellers’ calculation of the Adjusted Purchase Price. (b) Following the delivery of the Final Settlement Statement, Sellers shall afford Buyer the opportunity to examine the Final Settlement Statement and Sellers’ calculation of the Adjusted Purchase Price, and such supporting schedules and analyses as are reasonably necessary and appropriate in connection with such review. Sellers shall cooperate with Buyer in such examination, including responding to questions asked by Buyer, and Sellers shall make available to Buyer any records under Sellers’ control that are requested by Buyer in connection with such review. (c) If, within thirty (30) calendar days following delivery of the Final Settlement Statement to Buyer, Buyer has not delivered to Sellers written notice (the “Objection Notice”) of Buyer’s objections to the Final Settlement Statement or Sellers’ calculation of the Adjusted Purchase Price (which Objection Notice in order to be valid must contain a statement describing in reasonable detail the items objected to, the basis of such objections and Buyer’s calculation of the amount(s) for the items objected to that Buyer asserts should be used for purposes of the Final Settlement Statement), then the Adjusted Purchase Price as set forth in such Final Settlement Statement shall be deemed final and conclusive. In addition, any of Sellers’ calculations of the Adjusted Purchase Price as set forth in the Final Settlement Statement which are not objected to in the Objection Notice shall be deemed final and conclusive. (d) If Buyer delivers the Objection Notice satisfying Section 2.06(c) above, within such thirty (30)-day period, then Sellers and Buyer shall endeavor in good faith to resolve the objections of Buyer set forth in the Objection Notice for a period not to exceed fifteen (15) calendar days from the date of delivery of the Objection Notice. If at the end of such fifteen (15)-day period there are any objections that remain in dispute, then either Buyer or Sellers may require by written notice to the other that the remaining objections in dispute be submitted for resolution to the Dallas, Texas office of Xxxxx Xxxxxxxx LLP or to such other independent accounting firm as may be selected jointly by Buyer and Sellers within the ten (10) calendar days following a written request by Buyer or Sellers (Xxxxx Xxxxxxxx LLP or such jointly selected accounting firm, the “Referee”). The Referee’s engagement shall be limited to the resolution of disputed amounts set forth in the Final Settlement Statement that have been identified by Buyer in the Objection Notice, which resolution shall be in accordance with this Agreement and no other matter relating to the Final Settlement Statement shall be subject to determination by the Referee except to the extent affected by resolution of the disputed amounts. In connection with the engagement of the Referee, each of Buyer and Sellers shall execute any engagement, indemnity and other agreement as the Referee shall require as a condition to such engagement. If Xxxxx Xxxxxxxx LLP is unable or unwilling to serve as the Referee and Buyer and Sellers are unable to agree upon the designation of a Person as substitute arbitrator, then Buyer or Sellers, or either of them, may in writing request the Bankruptcy Court to appoint the substitute referee; provided that such Person so appointed shall be a national or regional accounting firm with no prior material relationships with Buyer or Sellers or their respective Affiliates and shall have experience in auditing companies engaged in oil and gas wellsite service activities. (e) The Referee shall determine such items of the calculation of the Adjusted Purchase Price as are disputed within thirty (30) calendar days after the objections that remain in dispute are submitted to it. (f) If any disputed items are submitted to the Referee for resolution, (i) each of Buyer and Sellers shall furnish to the Referee such workpapers and other documents and information relating to such disputed items as the Referee may request and are available to that Party or its Affiliates (or its independent public accountants) and will be afforded the opportunity to present to the Referee any materials relating to the determination of the matters in dispute and to discuss such determination with the Referee prior to any written notice of determination hereunder being delivered by the Referee; (ii) the Referee shall not assign a value to such objection that is greater than the greatest value for such objection claimed by either Party or less than the smallest value for such objection claimed by either Party; (iii) the determination by the Referee of items of the calculation of the Adjusted Purchase Price, as applicable, as set forth in a written notice delivered to Sellers and Buyer by the Referee, shall be made in accordance with this Agreement and shall be binding and conclusive on the Parties and shall constitute an arbitral award that is final, binding and unappealable (absent manifest error or fraud) and upon which a judgment may be entered by a court having jurisdiction thereof; and (iv) the fees and expenses of the Referee (the “Audit Fees”) shall be paid by and apportioned between Buyer and Sellers based on the aggregate dollar amount in dispute and the relative recovery as determined by the Referee or Sellers and Buyer, respectively (such that, by way of example, if the amount in dispute is $100 and it is resolved $70 in favor of Buyer and $30 in favor of Sellers, then Sellers would bear 70% of the Audit Fees and Buyer would bear 30% of the Audit Fees).

  • Payment Calculation District shall pay Contractor at a rate of $ per . District shall pay Contractor as described in attached Exhibit A

  • Contractual Settlement Date Accounting (a) Bank shall effect book entries on a "contractual settlement date accounting" basis as described below with respect to the settlement of trades in those markets where Bank generally offers contractual settlement day accounting and shall notify Customer of these markets from time to time.

  • Gross Settlement Amount Except as otherwise provided by Paragraph 9 below, Defendant promises to pay $633,000.00 and no more as the Gross Settlement Amount and to separately pay any and all employer payroll taxes owed on the Wage Portions of the Individual Class Payments. Defendant has no obligation to pay the Gross Settlement Amount (or any payroll taxes) prior to the deadline stated in Section 5 of this Agreement. The Administrator will disburse the entire Gross Settlement Amount without asking or requiring Participating Class Members or Aggrieved Employees to submit any claim as a condition of payment. None of the Gross Settlement Amount will revert to Defendant.

  • Settlement Payments On the first Business Day of each month (“Interest Settlement Date”), Agent will advise each Lender by telephone, fax or telecopy of the amount of such Lender’s share of interest and fees on each of the Loans as of the end of the last day of the immediately preceding month. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender, by wire transfer to such Lender’s account (as specified by such Lender on the signature page of this Agreement or the applicable Assignment and Acceptance Agreement, as amended by such Lender from time to time after the date hereof or in the applicable Assignment and Acceptance Agreement) not later than 3:00 p.m. Toronto time on the next Business Day following the Interest Settlement Date, such Lender’s share of interest and fees on each of the Loans. Such Lender’s share of interest on each Loan will be calculated for that Loan by adding together the Daily Interest Amounts for each calendar day of the prior month for that Loan and multiplying the total thereof by the Interest Ratio for that Loan. Such Lender’s share of the Unused Line Fee described in subsection 2.3(A) shall be an amount equal to (a)(i) such Lender’s average Revolving Loan Commitment during such month, less such Lender’s average Daily Loan Balance of the Revolving Loan for the preceding month, multiplied by (b) the percentage required by subsection 2.3(A). Such Lender’s share of all other fees paid to Agent for the benefit of Lenders hereunder shall be paid and calculated based on such Lender’s Commitment with respect to the Loans on which such fees are associated. To the extent Agent does not receive the total amount of any fee owing by Borrower under this Agreement, each amount payable by Agent to a Lender under this subsection 9.8(A)(4) with respect to such fee shall be reduced on a pro rata basis. Any funds disbursed or received by Agent pursuant to this Agreement, including, without limitation, under subsections 9.7, 9.8(A)(1), and 9.9, prior to the Settlement Date for such disbursement or payment shall be deemed advances or remittances by GE Canada Finance, in its capacity as a Lender, for purposes of calculating interest and fees pursuant to this subsection 9.8(A)(4).

  • Final Settlement The Parties agree and acknowledge that this Compromise Agreement shall constitute a final settlement between the Parties. This Compromise Agreement resolves only issues addressed in the Compromise Agreement.

  • Net Out of Settlement Amounts The Non-Defaulting Party shall calculate a Termination Payment by aggregating all Settlement Amounts due under this Agreement or any other agreement(s) between the Company and the BGS-RSCP Supplier for the provision of BGS Supply into a single amount: by netting out (a) all Settlement Amounts that are due or will become due to the Defaulting Party, plus at the option of the Non-Defaulting Party, any cash or other form of security then available to the Non- Defaulting Party and actually received, liquidated and retained by the Non-Defaulting Party, plus any or all other amounts due to the Defaulting Party under this Agreement or any other agreement(s) between the Company and the BGS-RSCP Supplier for the provision of BGS Supply against (b) all Settlement Amounts that are due or will become due to the Non-Defaulting Party, plus any or all other amounts due to the Non-Defaulting Party under this Agreement or any other agreement(s) between the Company and the BGS- RSCP Supplier for the provision of BGS Supply, so that all such amounts shall be netted out to a single liquidated amount; provided, however, that if the BGS-RSCP Supplier is the Defaulting Party and the Termination Payment is due to the BGS-RSCP Supplier, the Company shall be entitled to retain a commercially reasonable portion of the Termination Payment, which may be equal to the entire amount of the Termination Payment, as security for additional amounts that may be determined to be due and owing by the BGS-RSCP Supplier as Damages and further provided that any previously attached security interest of the Company in such retained amounts shall continue. The Termination Payment shall be due to or due from the Non-Defaulting Party as appropriate. If the Termination Payment has been retained by the Company as security for additional amounts that may be determined to be due and owing by the BGS-RSCP Supplier, and if, upon making a final determination of Damages, the Termination Payment, or any portion thereof, is to be made to the BGS-RSCP Supplier, the Company will pay simple interest on the Termination Payment amount being made to the BGS-RSCP Supplier. Simple interest will be calculated at the lower of the Interest Index or six (6) percent per annum.

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