Payment of Settlement Shares. Effective as of the Effective Date, Nobilis has authorized for issuance to each Xxxxx Seller the Settlement Shares in the amounts listed across from each such Xxxxx Seller’s name on the treasury order, the form of which is attached as Schedule 3, and Nobilis covenants to provide the applicable certificates for such Settlement Shares on the earlier of (i) the date that is fifteen (15) business days following the Effective Date and (ii) the date on which Parent receives required approvals from both the NYSE MKT and the TSX regarding the issuance of Common Shares subject to such treasury order. Nobilis covenants to complete all required listing applications of the NYSE MKT and the TSX no later than August 31, 2015 and respond diligently to all requests of the NYSE MKT and TSX in connection therewith. In any event, Nobilis agrees that the holding period for Rule 144 purposes in respect of Settlement Shares shall commence with the authorization of such issuance as of the Effective Date. The Athas Sellers hereby jointly and severally represent and warrant that the number of Settlement Shares listed across from each such Xxxxx Seller’s name represents all of the Settlement Shares to which such Xxxxx Seller is entitled and that the amounts listed were determined solely by the mutual agreement of the Athas Sellers. Nobilis shall have no liability to any Xxxxx Seller for any disputes arising out of or related to the amount or number of Settlement Shares such Xxxxx Seller receives or is entitled to receive, including, without limitation, any disputes related to the proportion of Withheld Shares attributable to such Xxxxx Seller.
Payment of Settlement Shares. 1. Within thirty (30) days of the Effective Date, the Settlement Administrator shall begin to mail checks to each Participating Settlement Class Member in the amount of her Settlement Share as determined by the Settlement Administrator based on the Plan of Allocation. The face of each such check shall clearly state that it must be cashed within one hundred eighty (180) days of the date on the check. The Settlement Administrator shall, sixty (60) days prior to the check expiration date, send a reminder postcard to those Participating Settlement Class Members who have not yet deposited their Settlement Share checks. The Settlement Administrator shall also attempt to contact those Participating Settlement Class Members via telephone or email. Within three (3) business days of receipt of any undeliverable check returned by the United States Post Office, the Settlement Administrator shall perform an address trace for the Participating Settlement Class Member in question and re-send the Settlement Share check if a different address is found.
2. If, one hundred and eighty (180) days after initial distribution of Settlement Shares, there is a remaining balance of more than One Hundred and Fifty Thousand Dollars ($150,000) in the Net Settlement Fund, a second distribution will be made to those Participating Settlement Class Members who deposited the check for their initial Settlement Share (the “Supplementary Shares”). The second distribution will be made in accordance with the Plan of Allocation. Checks for Supplementary Shares, if any, must also be deposited within one hundred and eighty (180) days of the date on the check. If, after all such efforts have been exhausted, there is a remaining balance of funds in the Net Settlement Amount, including any remaining balance in the Dispute Fund, (“Remainder”), the Remainder shall be paid to cy pres recipient(s) the National Women’s Law Center and Equal Rights Advocates.
3. No later than ten (10) days after the initial Settlement Share check void date or Supplementary Share check void date, whichever is later, the Settlement Administrator shall provide Class Counsel and Defendants’ Counsel with a declaration providing a final report on the disbursements of all Settlement Shares. The Settlement Administrator shall retain documentation and proof of the Settlement Shares for a period of seven (7) years. After this seven-year period, the Settlement Administrator shall destroy all copies of the Settlement Class List in its p...
Payment of Settlement Shares. Each Settling Defendant shall pay its Settlement Share to the Escrow Agent for deposit into the Account on or before the Deposit Date. The Escrow Agent shall advise Class Counsel and the Settling Defendants within 7 days after the Deposit Date of the Settlement Shares deposited by each Settling Defendant.
Payment of Settlement Shares. The Maximum Distributable Amount shall be calculated and distributed as follows:
Payment of Settlement Shares. The Settlement Administrator shall pay Settlement Shares, from the Qualified Settlement Account, to all Participating Class Members, and make all payments to the PAGA Members required by Paragraph III(D)(3). The Settlement Administrator shall make these payments by sending a check in the appropriate amount after any required withholdings to the Participating Class Member and/or PAGA Member at the address on file or by electronic means if requested. Such payments shall be sent by the Settlement Administrator within 15 days of its receipt from AA Meat Products of the sum described above in Paragraph 10.
Payment of Settlement Shares
