Common use of Payments to Class Members Clause in Contracts

Payments to Class Members. Within ten (10) days after the entry of the Final Approval Order, Defendant shall transfer the Settlement Fund to the Claims Administrator, less the total amount that will be credited to Class Members by Defendant, as provided in subsection 8(d)(iv), below. The Settlement Fund shall be the total amount Defendant is obligated to pay under the terms of this Agreement and includes (a) Class Counsels’ fees and costs; (b) any service award payment to the Named Plaintiff; (c) costs associated with administering the Notice in accordance with Section 5, above; and (d) any fees paid to the Claims Administrator for services rendered in connection with the administration process. Defendant shall not make any additional or further contributions to the Settlement Fund, even if the total amount of all alleged improper fees charged to the Class Members exceeds the value of the Net Settlement Fund. In the event a Final Approval Order is not issued, or this Agreement is terminated by either party for any reason, including pursuant to Section 16, below, the portion of the Settlement Fund paid to the Claims Administrator (including accrued interest, if any) less expenses actually incurred by the Claims Administrator or due and owing to the Claims Administrator in connection with the settlement provided for herein, shall be refunded to Defendant within two (2) business days.

Payments to Class Members. Within ten (10) business days after the entry of the Final Approval Preliminary Approval/Notice Order, Defendant shall transfer the Settlement Fund to the Claims Administrator, less the total amount that will be credited to Class Members by Defendant, as provided in subsection 8(d)(iv), below. The Settlement Fund shall be the total amount Defendant is obligated to pay under the terms of this Agreement and includes (a) Class Counsels’ fees and costs; (b) any service award payment to the Named Plaintiff; (c) costs associated with administering the Notice in accordance with Section 5, above; and (d) any fees paid to the Claims Administrator for services rendered in connection with the administration process. Defendant shall not make any additional or further contributions to the Settlement Fund, even if the total amount of all alleged improper fees charged to the Class Members exceeds the value of the Net Settlement Fund. In the event a Final Approval Order is not issued, or this Agreement is terminated by either party for any reason, including pursuant to Section 16, below, the portion of the Settlement Fund paid to the Claims Administrator (including accrued interest, if any) less expenses actually incurred by the Claims Administrator or due and owing to the Claims Administrator in connection with the settlement provided for herein, shall be refunded to Defendant within two (2) business daysdays after the Final Approval Order is denied or this Agreement is terminated. Further, the parties agree that if such Final Approval Order is denied or this Agreement is terminated, any order certifying the class shall be vacated.

Payments to Class Members. Within ten fifteen (1015) days after the entry of the a Final Approval Order, Defendant shall transfer the Settlement Fund to the Claims Settlement Administrator, less the total amount that will be credited to certain Class Members by Defendant, as provided in subsection Section 8(d)(iv), below. The Settlement Fund shall be the total amount Defendant is obligated to pay under the terms of this Agreement Agreement. Defendant shall not be required, for any reason, to make any additional or further contributions to the Settlement Fund or to make any other payments/credits. The Settlement Fund shall be utilized for all amounts to be paid to Class Members (whether by check or by credit, as applicable), and includes for any amounts to be paid by the Claims Administrator for (a) Class Counsels’ Counsel’s fees and costs; (b) any service award payment to the Named Plaintiff; (c) costs associated with administering the Notice in accordance with Section 5, above; and (d) any fees paid to the Claims Settlement Administrator for services rendered in connection with the administration process; and (e) any other amounts required to be paid to implement this Agreement. Defendant shall not make any additional or further contributions to the Settlement Fund, even if the total amount of all alleged improper fees Retry Fees charged to the Class Members exceeds the value of the Net Settlement Fund. In the event a Final Approval Order is not issued, or this Agreement is terminated by either party for any reason, including pursuant to Section 16, below, the portion of the Settlement Fund paid to the Claims Administrator (including accrued interest, if any) less expenses actually incurred by the Claims Administrator or due and owing to the Claims Administrator in connection with the settlement provided for herein, shall be refunded to Defendant within two (2) business days.

Payments to Class Members. Within ten (10) days after the entry of the Final Approval Preliminary Approval/Notice Order, Defendant shall transfer the Settlement Fund to the Claims Administrator, less the total amount that will be credited to Class Members by Defendant, as provided in subsection 8(d)(iv9(d)(iv), below. The Settlement Fund shall be the total amount Defendant is obligated to pay under the terms of this Agreement and includes (a) Class Counsels’ fees and costs; (b) any service award payment payments to the Named PlaintiffPlaintiffs; (c) costs associated with administering the Notice in accordance with Section 56, above; and (d) any fees paid to the Claims Administrator for services rendered in connection with the administration process. Defendant shall not make any additional or further contributions to the Settlement Fund, even if the total amount of all alleged improper fees charged to the Class Members exceeds the value of the Net Settlement Fund. In the event a Final Approval Order is not issued, or this Agreement is terminated by either party for any reason, including pursuant to Section 16, below, the portion of the Settlement Fund paid to the Claims Administrator (including accrued interest, if any) less expenses actually incurred by the Claims Administrator or due and owing to the Claims Administrator in connection with the settlement provided for herein, shall be refunded to Defendant within two (2) business daysdays after the Final Approval Order is denied or this Agreement is terminated.

Payments to Class Members. Within ten (10) days after the entry of the Final Approval Preliminary Approval/Notice Order, Defendant shall transfer the Settlement Fund to the Claims Settlement Administrator, less the total amount that will be credited to Class Members by Defendant, as provided in subsection 8(d)(iv10(d)(iv), below. The Settlement Fund shall be the total amount Defendant is obligated to pay under the terms of this Agreement and includes (a) Class Counsels’ fees and costs; (b) any service award payment to the Named PlaintiffPlaintiff Xxxxxx; (c) costs associated with administering the Notice in accordance with Section 57, above; and (d) any fees paid to the Claims Settlement Administrator for services rendered in connection with the administration process. Defendant shall not make any additional or further contributions to the Settlement Fund, even if the total amount of all alleged improper fees Overdraft Fees charged to the Class Members exceeds the value of the Net Settlement Fund. In the event a Final Approval Order is not issued, or this Agreement is terminated by either party for any reason, including pursuant to Section 1618, below, the portion of the Settlement Fund paid to the Claims Settlement Administrator (including accrued interest, if any) less expenses actually incurred by the Claims Settlement Administrator or due and owing to the Claims Settlement Administrator in connection with the settlement provided for herein, shall be refunded to Defendant within two five (25) business days.

Payments to Class Members. Within ten (10) days after the entry of the Final Approval Preliminary Approval/Notice Order, Defendant Defendants shall transfer the Settlement Fund to the Claims Administrator, less the total amount that will be credited to Class Members by DefendantDefendants, as provided in subsection 8(d)(iv), below. The Settlement Fund shall be the total amount Defendant is Defendants are obligated to pay under the terms of this Agreement and includes (a) Class Counsels’ fees and costs; (b) any service award payment to the Named Plaintiff; (c) costs associated with administering the Notice in accordance with Section 5, above; and (d) any fees paid to the Claims Administrator for services rendered in connection with the administration process. Defendant Defendants shall not make any additional or further contributions to the Settlement Fund, even if the total amount of all alleged improper fees charged to the Class Members exceeds the value of the Net Settlement Fund. In the event a Final Approval Order is not issued, or this Agreement is terminated by either party for any reason, including pursuant to Section 16, 16 below, the portion of the Settlement Fund paid to the Claims Administrator (including accrued interest, if any) less expenses actually incurred by the Claims Administrator or due and owing to the Claims Administrator in connection with the settlement provided for herein, shall be refunded to Defendant Defendants within two (2) business daysdays after the Final Approval Order is denied or this Agreement is terminated.

Payments to Class Members. Within ten (10) days after the entry of the Final Approval Preliminary Approval/Notice Order, Defendant shall transfer the Settlement Fund to the Claims Settlement Administrator, less the total amount that will be credited to Class Members by Defendant, as provided in subsection 8(d)(iv10(d)(iv), below. The Settlement Fund shall be the total amount Defendant is obligated to pay under the terms of this Agreement and includes (a) Class Counsels’ fees and costs; (b) any service award payment to the Named Plaintiff; (c) costs associated with administering the Notice notice in accordance with Section 56, above; and (d) any fees paid to the Claims Settlement Administrator and Fee Expert for services rendered in connection with the administration process. Defendant shall not make any additional or further contributions to the Settlement Fund, even if the total amount of all alleged improper fees charged to the Class Members exceeds the value of the Net Settlement Fund. In the event a Final Approval Order is not issued, or this Agreement is terminated by either party for any reason, including pursuant to Section 16, below, the portion of the Settlement Fund paid to the Claims Settlement Administrator (including accrued interest, if any) less expenses actually incurred by the Claims Settlement Administrator or due and owing to the Claims Settlement Administrator in connection with the settlement provided for herein, shall be refunded to Defendant within two (2) business days.