Payment of Settlement Fund Sample Clauses

Payment of Settlement Fund. (1) By no later than thirty days after the Court’s approval of the Settlement Agreement, the RWB, on behalf of the Defendants, will pay the $10,000,000 CAD Settlement Fund to Xxxxxxx Xxxxxxxx Professional Corporation, in trust, for the benefit of the Class, in full satisfaction of all of the Released Claims against the Releasees. (2) Class Counsel shall hold the Settlement Fund in trust in an interest bearing trust account for the benefit of the Class, and shall transfer the Settlement Fund to the Account of the Claims Administrator, less Class Counsel Fees and Honouraria as approved by the Court, within ten business days after the Effective Date. Class Counsel will provide an accounting to the Claims Administrator of the Class Counsel Fees and Honoraria deducted from the Settlement Fund, including supporting documentation. However, in the event that no appeal may be taken from the Court’s order approving the Settlement Agreement, such that the Court’s order is the Final Order, Class Counsel need not deposit the Settlement Fund into an interest bearing trust account. (3) In the event that a Final Order is not obtained approving the Settlement, Class Counsel shall pay to the lawyer for the RWB, in trust, the full amount of the Settlement Fund, inclusive of any accrued interest. All the expenses incurred by the Plaintiffs in respect of providing notice of the Settlement to the Class and any notice advising the Class that the Settlement has been terminated shall be costs incurred in the prosecution of the Action, and recoverable as such in the event the Action ultimately succeeds at the common issues trial. (4) Class Counsel shall not otherwise pay out any of the Settlement Fund from its trust account, except in accordance with this Settlement Agreement or in accordance with an order of the Court obtained on notice to the Defendants. (5) The Settlement Fund shall be allocated as follows, subject to the Court’s determination of the total Class Counsel Fees: (a) $50,000 to the Provincial Health Insurers; (b) $1,000,000 CAD for the Court Costs of the Action, which will be applied towards payment of the total Class Counsel Fees that the court approves; (c) $8,950,000 CAD to the Class Members, to be distributed in accordance with the Distribution Protocol attached as Schedule “F” after deduction of Class Counsel Fees, the levy payable to the Class Proceedings Fund, and all Administration costs. (6) The Claims Administrator will invest the Settlement Fund in the Ac...
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Payment of Settlement Fund. No later than fourteen (14) calendar days after the date of Final Approval, Robinhood shall pay to the Settlement Administrator the Settlement Fund, less any amounts paid for the Initial Notice Deposit and other funds paid to the Settlement Administrator.
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Payment of Settlement Fund. The Settlement Fund shall be paid as follows:
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Payment of Settlement Fund. (a) The Defendants agree to pay the Settlement Fund on or before the Effective Date, by certified cheque, bank draft or wire transfer, in full satisfaction of all of the Released Claims against the Defendants; (b) the Administrator shall maintain the Settlement Fund and shall not pay out the Settlement Fund, except in accordance with the provisions of this Settlement Agreement and order(s) of the court; and, (c) The Settlement Fund held by the Administrator shall be deemed and considered to be in custodia legis of the court, and shall remain subject to the jurisdiction of the court until such time as the Settlement Fund is distributed pursuant to the Settlement Agreement and order(s) of the court.
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Payment of Settlement Fund. SunPower shall wire $35,000 to the Settlement Fund escrow account established by the Settlement Administrator within ten (10) business days after the Court’s entry of the Preliminary Approval Order, which funds: (a) shall be used to cover the anticipated costs of providing notice to the Settlement Class and any other Settlement Administrator costs to be incurred prior to the Effective Date, and (b) shall be deducted from the $4.75 million to be paid by SunPower under the terms of the Settlement. SunPower shall wire the remaining $4,715,000.00 into the Settlement Fund within ten (10) business days after the Effective Date of the Settlement. Upon payment of these amounts into the Settlement Fund, SunPower shall have fully satisfied and discharged its financial obligation under the Settlement (except with respect to implementation of the Enhanced Customer Care Program and any retrofits of the Subject Microinverters as described herein) and shall have no obligation to pay any additional amounts.
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Payment of Settlement Fund. Defendants shall cause the amount of $6,500,000.00 to be transferred to an account controlled by the Escrow Agent within ten (10) business days after the later of (a) the order granting the motion for preliminary approval, or (b) the receipt by Defendants’ Counsel of wire/check payee instructions and a Form W-9 providing the tax identification number for the Escrow Account. These funds, together with any interest and income earned thereon once transferred, shall constitute the Settlement Fund.
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Payment of Settlement Fund. Within thirty (30) calendar days after this Agreement is signed by all parties, HP will transfer the Settlement Fund of $1,500,000 (One Million and a Half US Dollars) or its equivalent in euros as of that date to Euroconsumers pursuant to the wire transfer instructions provided by Euroconsumers and attached hereto as Attachment A. Euroconsumers shall at all times maintain the Settlement Fund in the Settlement Bank Account under the name of Euroconsumers AISBL in Belgium, assuring that the Settlement Fund is segregated from any other funds (either by assigning a specific code or by other means permitting easy traceability and audit) and that all payments of Allowed Claims are properly and clearly registered in the Settlement Bank Account.
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Payment of Settlement Fund. Within forty (40) days after the EFFECTIVE DATE, the SETTLEMENT ADMINISTRATOR shall pay to each member of the SETTLEMENT CLASS his or her pro rata share of the NET SETTLEMENT AMOUNT in accordance with the terms and conditions of this AGREEMENT and the COURT’s approval. It shall not be necessary for any member of the SETTLEMENT CLASS to submit a claim or request a distribution to receive his or her pro rata share of the NET SETTLEMENT AMOUNT. However, if LIFELOCK has no mailing address for a CLASS MEMBER, then the member of the SETTLEMENT CLASS must provide the SETTLEMENT ADMINISTRATOR with a mailing address to receive his or her pro rata share of the NET SETTLEMENT AMOUNT as set forth in the CLASS NOTICE.
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Related to Payment of Settlement Fund

  • 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.

  • The Settlement Fund 28. Releasors’ sole recourse for settlement and satisfaction against the Releasees of all Released Claims is against the Settlement Fund, and Releasors shall have no other recovery against Fujikura or any other Releasee. 29. After this Agreement becomes final within the meaning of Paragraph 20, the Settlement Fund shall be distributed in accordance with a plan to be submitted to the Court at the appropriate time by Settlement Class Counsel, subject to approval by the Court. In no event shall any Releasee have any responsibility, financial obligation, or liability whatsoever with respect to the investment, distribution, or administration of the Settlement Fund, including, but not limited to, the costs and expenses of such distribution and administration except as expressly otherwise provided in Paragraph 27 of this Agreement. 30. End-Payor Plaintiffs and Settlement Class Counsel shall be reimbursed and indemnified solely out of the Settlement Fund for all expenses and costs, as provided by Court Order. Fujikura and the other Releasees shall not be liable for any costs, fees, or expenses of any of End-Payor Plaintiffs or the Settlement Class’s respective attorneys, experts, advisors, agents, or representatives, but all such costs, fees, and expenses as approved by the Court shall be paid out of the Settlement Fund. 31. Settlement Class Counsel’s Attorneys’ Fees, Reimbursement of Expenses, and Incentive Awards for Class Representatives (a) Settlement Class Counsel may submit an application or applications to the Court (the “Fee and Expense Application”) for: (i) an award of attorneys’ fees not in excess of one-third of the settlement fund; plus (ii) reimbursement of expenses and costs incurred in connection with prosecuting the Action and incentive awards, plus interest on such attorneys’ fees, costs and expenses at the same rate and for the same period as earned by the Settlement Fund (until paid) as may be awarded by the Court (the “Fee and Expense Award”). Settlement Class Counsel reserve the right to make additional applications for Court approval of fees and expenses incurred and reasonable incentive awards, but in no event shall Fujikura or any other Releasees be responsible to pay any such additional fees and expenses except to the extent they are paid out of the Settlement Fund. (b) Subject to Court approval, End-Payor Plaintiffs and Settlement Class Counsel shall be reimbursed and paid solely out of the Settlement Fund for all expenses including, but not limited to, attorneys’ fees and past, current, or future litigation expenses. Attorneys’ fees and expenses awarded by the Court shall be payable from the Settlement Fund upon award, notwithstanding the existence of any timely filed objections thereto, or potential appeal therefrom, or collateral attack on the settlement or any part thereof, subject to Settlement Class Counsel’s obligation to make appropriate refunds or repayments to the Settlement Fund with interest, if and when, as a result of any appeal and/or further proceedings on remand, or successful collateral attack, the fee or award of expenses is reduced or reversed, or in the event the Agreement is rescinded or terminated pursuant to Paragraph 25(h) or Paragraph 41. (c) The procedure for and the allowance or disallowance by the Court of the application by Settlement Class Counsel for attorneys’ fees, costs and expenses, and incentive awards for class representatives to be paid out of the Settlement Fund are not part of this Agreement, and are to be considered by the Court separately from the Court’s consideration of the fairness, reasonableness and adequacy of the Settlement, and any order or proceeding relating to the Fee and Expense Application, or any appeal from any such order shall not operate to terminate or cancel this Agreement, or affect or delay the finality of the judgment approving the settlement. (d) Neither Fujikura nor any other Releasee under this Agreement shall have any responsibility for, or interest in, or liability whatsoever with respect to any payment to Settlement Class Counsel of any Fee and Expense Award in the Action. (e) Neither Fujikura nor any other Releasee under this Agreement shall have any responsibility for, or interest in, or liability whatsoever with respect to the allocation among Settlement Class Counsel, and/or any other person who may assert some claim thereto, of any Fee and Expense Award that the Court may make in the Action.

  • 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.

  • Termination of Settlement If the Settlement is terminated as provided in the Stipulation, this Order shall be vacated, rendered null and void and be of no further force and effect, except as otherwise provided by the Stipulation, and this Order shall be without prejudice to the rights of Plaintiffs, the other Class Members and Defendants, and the Parties shall revert to their respective positions in the Action as of immediately prior to August 24, 2015, as provided in the Stipulation.

  • Rollovers of Settlement Payments From Bankrupt Airlines If you are a qualified airline employee who has received a qualified airline settlement payment from a commercial airline carrier under the approval of an order of a federal bankruptcy court in a case filed after September 11, 2001, and before January 1, 2007, you are allowed to roll over any portion of the proceeds into your Xxxx XXX within 180 days after receipt of such amount, or by a later date if extended by federal law. For further detailed information and effective dates you may obtain IRS Publication 590-A, Contributions to Individual Retirement Arrangements (IRAs), from the IRS or refer to the IRS website at xxx.xxx.xxx.

  • Settlement Fund All payments under this Section IV shall be made into the Settlement Fund, except that, where specified, they shall be made into the Settlement Fund Escrow. The Settlement Fund shall be allocated and used only as specified in Section V.

  • Settlement Funds The Servicer shall be named as a payee on all insurance loss drafts and upon receipt thereof, the funds shall be credited to the Borrower's Insurance Proceeds balance and deposited into (a) where such funds will be applied to the repair and restoration of the related Mortgaged Property and where required by applicable state law, one or more separate escrow accounts, so that the balance on deposit in such accounts is fully insured at all times by the FDIC through either the BIF or SAIF or (b) where such funds will not be applied to the repair and restoration of the related Mortgaged Property, the respective Custodial P&I Account.

  • 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).

  • Settlement Account 4.1 The Scheduling Coordinator shall maintain at all times an account with a bank capable of Fed-Wire transfer to which credits or debits shall be made in accordance with the billing and Settlement provisions of Section 11 of the CAISO Tariff. Such account shall be the account as notified by the Scheduling Coordinator to the CAISO from time to time by giving at least 20 days written notice before the new account becomes operational, together with all information necessary for the CAISO's processing of a change in that account.

  • 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.

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