Payment to Plaintiffs. Plaintiffs may move the Court for service awards for their time and effort in connection with this Action. Plaintiffs will ask the Court to approve service awards in an amount to be determined by Class Counsel. MOE shall issue any approved service awards to Plaintiffs within twenty-one (21) days after the Effective Date.
Payment to Plaintiffs. The Defendants agree to pay the Plaintiffs the sum of $2,000,000.00 (the “Settlement Amount”) in full satisfaction of all amounts which may be due and owing to Plaintiffs relating to the Dispute and any and all claims that were asserted or which could have been asserted in the Litigation. The Settlement Amount shall be paid within thirty (30) days of the Effective Date of this Agreement. The checks for the Settlement Amount will be made payable as follows:
1. Check in the amount of $717,892.28 made out to Xxxx Xxxxxxx;
2. Check in the amount of $479,358.52 made out to Xxxx Xxxxx; and
3. Check in the amount of $802,749.20 made out to Xxxxxx, Loving & Davies, P.C. Any 1099s issued with respect to any portion of the Settlement Amount shall conform with the amounts set forth above.
Payment to Plaintiffs. Absent additional pro rata disbursements identified and provided for in Section 2.1, the maximum payment to Plaintiffs shall be Six- Hundred Seventy-Five Thousand Dollars ($675,000.00), not to include the
Payment to Plaintiffs. Defendants agree to pay to Plaintiffs the sum of $205,954.16 in full settlement of all claims against GPD including without limitations the claims set forth in the Complaint or under the August Settlement Agreement. Prior to the date hereof, GPD made a payment of $25,000 to Plaintiffs. After such payment, the unpaid balance is $180,954.16. The parties agree to reduce such sum by $18,000, which $18,000 shall be applied as the payment owing to convert the Class B Warrants into the New Shares pursuant to Section 1 above. The remaining balance of $162,954.16 shall be paid in 20 equal installments of $8,000 each, on the 15th day of each month, commencing December 15, 1999, and continuing until July 15, 2001, with the remaining sum of $2,954.16 due on August 15, 2001. Each check shall be made payable to Donaxx Xxxxxxx. In the event GPD concludes a public or private debt or equity financing with net proceeds to GPD in excess of $2.5 million, GPD will retire any then outstanding balance of such $162,954.
Payment to Plaintiffs. In order to avoid further expense and business distraction, and without any admission of liability, Batesville shall pay $5,000,000 to Plaintiffs and SCI shall pay $1,000,000 to Plaintiffs, within 10 business days of the execution of this Agreement or of the receipt by Defendants from Plaintiffs of Xxxxxxxxxxx Xxxxxx LLP’s tax identification number (whichever is later), by wire transfer to the following account, in full and complete settlement of all asserted and unasserted claims, including any claims for attorneys’ fees, costs, and expenses: Bank of New York Mellon, Xxx Xxxx Xxxxxx 00xx Xxxxx, Xxx Xxxx, XX 00000, Acct # 630-0597503, ABA# 000000000, Acct. Name: Xxxxxxxxxxx Xxxxxx LLP.
Payment to Plaintiffs. In settlement of the indebtedness represented by the Notes, Xxxxx shall, from time to time and subject to the ownership and temporal limitations set forth below, issue and deliver an aggregate of 3,078,000 shares of Xxxxx common stock to Pioneer and 3,157,000 shares of Xxxxx common stock to Black Car (the “Settlement Shares”) pursuant to Section 3(a)(10) of the Securities Act of 1933, as amended, Corporations Code Section 25017(f)(3) and the regulations promulgated thereunder. The issuance of the Settlement Shares shall occur in respective tranches such that the Settlement Shares beneficially owned by each Plaintiff (or deemed to be beneficially owned by each Plaintiff) shall not exceed 4.99% of the Xxxxx common stock outstanding on an issuance date, as determined in accordance with Section 16 of the Securities Exchange Act of 1934, as amended, and the regulations promulgated thereunder. For clarity, Xxxxx shall have no obligation to issue, and shall not issue, Settlement Shares in an amount that would result in either Plaintiff owning more than 4.99% of Holly’s then-outstanding common stock. Xxxxx shall provide thirty days’ notice of any cancellation of shares not owned by Plaintiffs if such cancellation would result in either Plaintiff owning more than 4.99% of Xxxxx common stock outstanding immediately following such cancellation. Either Plaintiff may make requests for periodic tranch issuances. Plaintiffs shall have no right to request, and shall not request, a tranch issuance that would result in either of them owning more than 4.99% of Holly’s then-outstanding common stock. Such requests shall be in writing and shall be accompanied by a representation from the requesting Plaintiff stating the exact number of shares then owned by the requesting Plaintiff. The Requesting Plaintiff shall provide any additional information reasonably requested by Xxxxx to enable Xxxxx to verify that the requested issuance will not result in a beneficial ownership of more than 4.99% of Holly’s then-outstanding common stock. Plaintiffs’ right to make requests for periodic tranch issuances shall expire on September 17, 2019. Thereafter, Xxxxx shall have no obligation to issue shares to either Plaintiff pursuant to this Agreement. Plaintiffs acknowledge that they may be unable to sell, prior to the expiration of their right to make requests for periodic tranch issuances, a sufficient number of shares to recoup the Pioneer Debt and the Black Car Debt. They expressly assume th...
Payment to Plaintiffs. Within twenty (20) business days after the Approval Date, Defendant will mail to Plaintiffs’ Counsel the following checks for each Plaintiff (a) a payroll check in the amount of one-half of his or her Individual Payment Amount, less Plaintiff’s share of all required and applicable federal, state and local tax deductions and withholdings, which represents settlement of any wage-related claim; and (b) a non-payroll check in the amount of one- half of his or her Individual Payment Amount, which shall not be subject to withholdings, and which represents settlement of any claims for liquidated damages, compensatory damages, and/or attorneys’ fees. Defendant shall be responsible for payment of their share of all required and applicable federal, state and local taxes. Defendant will deliver the checks to Plaintiffs’ Counsel for distribution to each Plaintiff.1 Defendant will issue and mail to each Plaintiff (i) a 2020 IRS Form W-2 reflecting that portion of his or her Individual Payment Amount deemed wages and subject to withholdings; (ii) a 2020 IRS Form 1099 reflecting that portion of his or her Individual Payment Amount deemed liquidated damages and not subject to withholdings; and (iii) a 2020 IRS Form 1099 reflecting that portion of the Payout Amount that was paid to his or her attorneys as described in Section 6 below. If any check remains uncashed 180 days after the Approval Date, 1 Defendant’s mailing of the checks to Plaintiffs’ Counsel within twenty (20) business days is expressly conditioned on Plaintiffs’ Counsel providing Defense Counsel with the social security number and most up-to-date address for each Plaintiff prior to the Approval Date. Defendant may issue a stop payment on the check and retain all associated funds. In the event of a stop payment after 180 days, Plaintiffs agree that Defendant will have fulfilled its payment obligations under this section. Plaintiffs acknowledge and agree that they are responsible for and agree to pay the employee share of all federal, state and local taxes, withholdings, fines, penalties and interest associated with the payment of the Individual Payment Amount issued to them. In the event that Defendant is required to pay any such federal, state or local taxes, withholdings, fines, penalties or interest associated with the payment of the Individual Payment Amounts (beyond its share of all required and applicable federal, state and local taxes), Plaintiffs agree to hold harmless and indemnify Defendant in full ...
Payment to Plaintiffs. Plaintiffs may move the Court for service awards for their time and effort in connection with this Action. Plaintiffs will ask the Court to approve statutory damages and service awards in an amount of not more than $5,000 for each Plaintiff. The Class Administrator shall issue any approved service awards and statutory damages from the Settlement Fund to Plaintiffs within two (2) days after the Effective Date. It is understood that each Plaintiff is solely responsible for the tax treatment of any service award or approved statutory damages received. CDR and HNN shall not be responsible for Plaintiffs’ tax responsibilities related to any amounts received as part of this Settlement Agreement.
Payment to Plaintiffs. Plaintiffs may move the Court for service awards in an amount to be determined by Class Counsel, but not to exceed $5,000 per Plaintiff, for their time and effort in connection with this Action. Plaintiffs will also ask the Court to approve alleged statutory damages of One Thousand Dollars ($1,000) per plaintiff under 15 U.S.C. § 1692k(a)(2). The Class Administrator shall issue any approved amounts under this paragraph from the Settlement Fund to Class Counsel within five (5) days after the Effective Date. Class Counsel will then disburse the payments to Plaintiffs.
Payment to Plaintiffs. 1. Equifax agrees, subject to Court approval, to pay Plaintiff Chakejian the sum of Fifteen Thousand Dollars ($15,000.00) to compensate him for the time and effort expended in his role of Class Representative in the Chakejian Action, in participating in discovery, in fulfilling his obligations and responsibilities as Class Representative, and for achieving the benefit for the Settlement Class as set forth in this Agreement.
2. Equifax agrees, subject to Court approval, to pay Plaintiff Summerfield the sum of Fifteen Thousand Dollars ($15,000.00) to compensate him for the time and effort expended in his role of Class Representative in the Summerfield Action, in participating in discovery, in fulfilling his obligations and responsibilities as Class Representative, and for achieving the benefit for the Settlement Class as set forth in this Agreement.
3. Equifax agrees, subject to Court approval, to pay Plaintiff Xxxx the sum of Fifteen Thousand Dollars ($15,000.00) to compensate him for the time and effort expended in his role of Class Representative in the Xxxx Action, in participating in discovery, in fulfilling his obligations and responsibilities as Class Representative, and for achieving the benefit for the Settlement Class as set forth in this Agreement.
4. The payments to each of the Plaintiffs described in this Section IV(F) shall be made within thirty (30) days of the Effective Date.
5. Equifax agrees that it will not oppose any request by Class Counsel for payments to the Plaintiffs to the extent that such requests do not exceed $15,000.00 each for Xx. Xxxxxxxxx, Xx. Xxxxxxxxxxx, and Xx. Xxxx. Equifax shall have no obligation to make any payment to Xx. Xxxxxxxxx, Xx. Xxxxxxxxxxx, or Xx. Xxxx other than the obligations set forth herein. No other agreement exists between the Parties as to payments to be made to the Plaintiffs. Xx. Xxxxxxxxx, Xx. Xxxxxxxxxxx, and Xx. Xxxx also will receive any benefits to which they are entitled by virtue of their status as Settlement Class Members.
