Common use of Manner of Payment of Abatement Distributions Clause in Contracts

Manner of Payment of Abatement Distributions. (a) The Directors shall endeavor to provide ten (10) days’ notice to the Tribe Beneficiaries of any upcoming Abatement Distribution through the Tribal Opioid Settlement Portal (or by other means approved by the Directors); provided, however, that the Directors may shorten such notice period in their discretion. (b) Abatement Distributions shall be made to Participating Tribes in accordance with the Final Tribal Allocation Distribution Percentages to be set forth on Exhibit 1 hereto. Abatement Distributions shall be made to Tribes that become Participating Tribes after the Effective Date in accordance with Section IV.E of the WTSA. (c) Abatement Distributions may be made by the Directors or by a disbursement agent retained by the Trust to make Abatement Distributions on its behalf (the “Disbursement Agent”). Abatement Distributions shall be made in accordance with the TAFT VI TDP on the dates approved for distribution by the Directors. (d) The Directors may cause Abatement Distributions to be withheld with respect to any Tribe Beneficiary that has failed to deliver timely a completed Beneficiary Abatement Use Report by the applicable due date. The Directors shall allow for a reasonable period of time to cure any delinquent Beneficiary Abatement Use Report and may continue to withhold distributions to a Tribe Beneficiary until all such delinquent Beneficiary Abatement Use Reports of such Tribe Beneficiary have been cured. (e) If the Directors determine, in their discretion, that making the final Abatement Distribution immediately prior to the termination and dissolution of the Trust is not cost-effective with respect to the final amounts to be distributed to the Tribe Beneficiaries, the Directors shall have the authority to direct such final Abatement Distribution, in full, to a tax- exempt organization that has opioid abatement as part of its mission, such as the National Indian Health Board, as selected by the Directors in their discretion. The Directors shall instruct the tax- exempt organization to use the Abatement Distribution solely for opioid abatement purposes. (f) Notwithstanding the foregoing, the Directors shall cause Trust Assets to revert to Walmart only to the extent required by Section IV.E of the WTSA. (g) Prior to disbursing funds to any Participating Tribe, the Directors shall obtain from each Participating Tribe any required payment documentation (including, as needed, wire instructions and W-9 forms).

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

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Manner of Payment of Abatement Distributions. (a) The Directors shall endeavor to provide ten (10) days’ notice to the Tribe Beneficiaries of any upcoming Abatement Distribution through the Tribal Opioid Settlement Portal (or by other means approved by the Directors); provided, however, that the Directors may shorten such notice period in their discretion. (b) Abatement Distributions shall be made to Participating Tribes in accordance with the Final Tribal Allocation Distribution Percentages to be set forth on Exhibit 1 hereto. Abatement Distributions shall be made to Tribes that become Participating Tribes after the Effective Date in accordance with Section IV.E of the WTSAMSA. (c) Abatement Distributions may be made by the Directors or by a disbursement agent retained by the Trust to make Abatement Distributions on its behalf (the “Disbursement Agent”). Abatement Distributions shall be made in accordance with the TAFT VI VII TDP on the dates approved for distribution by the Directors. (d) The Directors may cause Abatement Distributions to be withheld with respect to any Tribe Beneficiary that has failed to deliver timely a completed Beneficiary Abatement Use Report by the applicable due date. The Directors shall allow for a reasonable period of time to cure any delinquent Beneficiary Abatement Use Report and may continue to withhold distributions to a Tribe Beneficiary until all such delinquent Beneficiary Abatement Use Reports of such Tribe Beneficiary have been cured. (e) If the Directors determine, in their discretion, that making the final Abatement Distribution immediately prior to the termination and dissolution of the Trust is not cost-effective with respect to the final amounts to be distributed to the Tribe Beneficiaries, the Directors shall have the authority to direct such final Abatement Distribution, in full, to a tax- tax-exempt organization that has opioid abatement as part of its mission, such as the National Indian Health Board, as selected by the Directors in their discretion. The Directors shall instruct the tax- tax-exempt organization to use the Abatement Distribution solely for opioid abatement purposes. (f) Notwithstanding the foregoing, the Directors shall cause Trust Assets to revert to Walmart Allergan only to the extent required by Section IV.E of the WTSAMSA. (g) Prior to disbursing funds to any Participating Tribe, the Directors shall obtain from each Participating Tribe any required payment documentation (including, as needed, wire instructions and W-9 forms).

Appears in 1 contract

Samples: Settlement Agreement

Manner of Payment of Abatement Distributions. (a) The Directors shall endeavor to provide ten (10) days’ notice to the Tribe Beneficiaries of any upcoming Abatement Distribution through the Tribal Opioid Settlement Portal (or by other means approved by the Directors); provided, however, that the Directors may shorten such notice period in their discretion. (b) Abatement Distributions shall be made to Participating Tribes in accordance with the Final Tribal Allocation Distribution Percentages to be set forth on Exhibit 1 hereto. Abatement Distributions shall be made to Tribes that become Participating Tribes after the Effective Date in accordance with Section IV.E of the WTSAMSA. (c) Abatement Distributions may be made by the Directors or by a disbursement agent retained by the Trust to make Abatement Distributions on its behalf (the “Disbursement Agent”). Abatement Distributions shall be made in accordance with the TAFT VI IV TDP on the dates approved for distribution by the Directors. (d) The Directors may cause Abatement Distributions to be withheld with respect to any Tribe Beneficiary that has failed to deliver timely a completed Beneficiary Abatement Use Report by the applicable due date. The Directors shall allow for a reasonable period of time to cure any delinquent Beneficiary Abatement Use Report and may continue to withhold distributions to a Tribe Beneficiary until all such delinquent Beneficiary Abatement Use Reports of such Tribe Beneficiary have been cured. (e) If the Directors determine, in their discretion, that making the final Abatement Distribution immediately prior to the termination and dissolution of the Trust is not cost-effective with respect to the final amounts to be distributed to the Tribe Beneficiaries, the Directors shall have the authority to direct such final Abatement Distribution, in full, to a tax- tax-exempt organization that has opioid abatement as part of its mission, such as the National Indian Health Board, as selected by the Directors in their discretion. The Directors shall instruct the tax- tax-exempt organization to use the Abatement Distribution solely for opioid abatement purposes. (f) Notwithstanding the foregoing, the Directors shall cause Trust Assets to revert to Walmart Xxxxxxx only to the extent required by Section IV.E of the WTSAMSA. (g) Prior to disbursing funds to any Participating Tribe, the Directors shall obtain from each Participating Tribe any required payment documentation (including, as needed, wire instructions and W-9 forms).

Appears in 1 contract

Samples: Settlement Agreement

Manner of Payment of Abatement Distributions. (a) The Directors Trustees shall endeavor to provide ten (10) days’ notice to the Tribe Beneficiaries of any upcoming Abatement Distribution through the Tribal Opioid Settlement TAFT II Portal (or by other means approved by the DirectorsTrustees); provided, however, that the Directors Trustees may shorten such notice period in their discretion. (b) The Trustees shall make Abatement Distributions, as set forth in this Article 4, at the following intervals: (i) with respect to the first Abatement Distribution, within seventy-five (75) days of the Effective Date of the Plan, and (ii) with respect to all subsequent Abatement Distributions, within seventy-five (75) days of receipt of a distribution from the MDT II, subject to such distributions being cost effective and administratively efficient and provided that such dates may be extended by the Trustees in their reasonable discretion should it not be feasible to make distributions within such time frames. (c) Abatement Distributions shall be made to Participating Tribes in accordance with the Final Tribal Allocation Distribution Percentages to be percentage interests set forth on Exhibit 1 hereto. Abatement Distributions shall be made to Tribes that become Participating Tribes after the Effective Date in accordance with Section IV.E Schedule C of the WTSATAFT II TDP. (cd) Abatement Distributions may be made by the Directors Trustees or by a disbursement agent retained by the Trust to make Abatement Distributions on its behalf (the “Disbursement Agent”). Abatement Distributions shall be made in accordance with the TAFT VI II TDP on the dates approved for distribution by the DirectorsTrustees. (de) The Directors Trustees may cause Abatement Distributions to be withheld with respect to any Tribe Beneficiary that has failed to deliver timely a completed Beneficiary Abatement Use Report by the applicable due date. The Directors Trustees shall allow for a reasonable period of time to cure any delinquent Beneficiary Abatement Use Report and may continue to withhold distributions to a Tribe Beneficiary until all such delinquent Beneficiary Abatement Use Reports of such Tribe Beneficiary have been cured. (ef) If the Directors Trustees determine, in their discretion, that making the final Abatement Distribution immediately prior to the termination and dissolution of the Trust is not cost-effective with respect to the final amounts to be distributed to the Tribe Beneficiaries, the Directors Trustees shall have the authority to direct such final Abatement Distribution, in full, to a tax- tax-exempt organization that has opioid abatement as part of its mission, such as the National Indian Health Board, as selected by the Directors Trustees in their discretion. The Directors shall instruct the tax- exempt organization to use the Abatement Distribution solely for opioid abatement purposes. (f) Notwithstanding the foregoing, the Directors shall cause Trust Assets to revert to Walmart only to the extent required by Section IV.E of the WTSA. (g) Prior to disbursing funds to any Participating Tribe, the Directors shall obtain from each Participating Tribe any required payment documentation (including, as needed, wire instructions and W-9 forms).

Appears in 1 contract

Samples: Trust Agreement

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Manner of Payment of Abatement Distributions. (a) The Directors shall endeavor to provide ten (10) days’ notice to the Tribe Beneficiaries of any upcoming Abatement Distribution through the Tribal Opioid Settlement Portal (or by other means approved by the Directors); provided, however, that the Directors may shorten such notice period in their discretion. (b) Abatement Distributions shall be made to Participating Tribes in accordance with the Final Tribal Allocation Distribution Percentages to be set forth on Exhibit 1 hereto. Abatement Distributions shall be made to Tribes that become Participating Tribes after the Effective Date in accordance with Section IV.E of the WTSAMSA. (c) Abatement Distributions may be made by the Directors or by a disbursement agent retained by the Trust to make Abatement Distributions on its behalf (the “Disbursement Agent”). Abatement Distributions shall be made in accordance with the TAFT VI V TDP on the dates approved for distribution by the Directors. (d) The Directors may cause Abatement Distributions to be withheld with respect to any Tribe Beneficiary that has failed to deliver timely a completed Beneficiary Abatement Use Report by the applicable due date. The Directors shall allow for a reasonable period of time to cure any delinquent Beneficiary Abatement Use Report and may continue to withhold distributions to a Tribe Beneficiary until all such delinquent Beneficiary Abatement Use Reports of such Tribe Beneficiary have been cured. (e) If the Directors determine, in their discretion, that making the final Abatement Distribution immediately prior to the termination and dissolution of the Trust is not cost-effective with respect to the final amounts to be distributed to the Tribe Beneficiaries, the Directors shall have the authority to direct such final Abatement Distribution, in full, to a tax- tax-exempt organization that has opioid abatement as part of its mission, such as the National Indian Health Board, as selected by the Directors in their discretion. The Directors shall instruct the tax- tax-exempt organization to use the Abatement Distribution solely for opioid abatement purposes. (f) Notwithstanding the foregoing, the Directors shall cause Trust Assets to revert to Walmart Teva only to the extent required by Section IV.E of the WTSAMSA. (g) Prior to disbursing funds to any Participating Tribe, the Directors shall obtain from each Participating Tribe any required payment documentation (including, as needed, wire instructions and W-9 forms).

Appears in 1 contract

Samples: Settlement Agreement

Manner of Payment of Abatement Distributions. (a) The Directors shall endeavor to provide ten (10) days’ notice to the Tribe Beneficiaries of any upcoming Abatement Distribution through the Tribal Opioid Settlement Portal (or by other means approved by the Directors); provided, however, that the Directors may shorten such notice period in their discretion. (b) Abatement Distributions shall be made to Participating Tribes in accordance with the Final Tribal Allocation Distribution Percentages to be set forth on Exhibit 1 hereto. Abatement Distributions shall be made to Tribes that become Participating Tribes after the Effective Date in accordance with Section IV.E of the WTSA. (c) Abatement Distributions may be made by the Directors or by a disbursement agent retained by the Trust to make Abatement Distributions on its behalf (the “Disbursement Agent”). Abatement Distributions shall be made in accordance with the TAFT VI IX TDP on the dates approved for distribution by the Directors. (d) The Directors may cause Abatement Distributions to be withheld with respect to any Tribe Beneficiary that has failed to deliver timely a completed Beneficiary Abatement Use Report by the applicable due date. The Directors shall allow for a reasonable period of time to cure any delinquent Beneficiary Abatement Use Report and may continue to withhold distributions to a Tribe Beneficiary until all such delinquent Beneficiary Abatement Use Reports of such Tribe Beneficiary have been cured. (e) If the Directors determine, in their discretion, that making the final Abatement Distribution immediately prior to the termination and dissolution of the Trust is not cost-effective with respect to the final amounts to be distributed to the Tribe Beneficiaries, the Directors shall have the authority to direct such final Abatement Distribution, in full, to a tax- exempt organization that has opioid abatement as part of its mission, such as the National Indian Health Board, as selected by the Directors in their discretion. The Directors shall instruct the tax- exempt organization to use the Abatement Distribution solely for opioid abatement purposes. (f) Notwithstanding the foregoing, the Directors shall cause Trust Assets to revert to Walmart Walgreens only to the extent required by Section IV.E of the WTSA. (g) Prior to disbursing funds to any Participating Tribe, the Directors shall obtain from each Participating Tribe any required payment documentation (including, as needed, wire instructions and W-9 forms).

Appears in 1 contract

Samples: Settlement Agreement

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