Payments to Class Members. Within ten (10) days after entry of the Preliminary Approval/Notice Order, Defendant shall deposit the Settlement Fund into a separate interest bearing account at Defendant for the benefit of the Class. 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 Plaintiffs; (c) costs associated with administering the Notice in accordance with Section 4, 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 15, 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.
Appears in 1 contract
Samples: Settlement Agreement
Payments to Class Members. Within ten fifteen (1015) days after entry of the Preliminary Approval/Notice Order, Defendant shall deposit the Settlement Fund into a separate interest bearing account at Defendant for the benefit of the Class. Within ten (10) days after the entry of the Final Approval Order, Defendant shall transfer the Settlement Fund to into the Claims Escrow Account established by the Settlement 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 payments to the Named Plaintiffs; (c) costs associated with administering the Notice in accordance with Section 45, above; and (d) any fees paid to the Claims Settlement Administrator for services rendered in connection with the administration process; and (e) any cy pres payment. 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 nor shall Defendant be responsible for any payments, costs, fees, or obligations other than payment of the Net Settlement Fund. In the event a Final Approval Order is not issued, or this Agreement is terminated by either party Party for any reason, including pursuant to Section 1517, 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.
Appears in 1 contract
Samples: Settlement Agreement
Payments to Class Members. Within ten three (10) days after entry of the Preliminary Approval/Notice Order, Defendant shall deposit the Settlement Fund into a separate interest bearing account at Defendant for the benefit of the Class. Within ten (103) days after the entry of the Final Approval OrderEffective Date, 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)(ivParagraph 7(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 Plaintiffs; (c) costs associated with administering the Notice in accordance with Section Paragraph 4, 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 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 15, Paragraph 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 daysdays after the Final Approval Order is denied or this Agreement is terminated.
Appears in 1 contract
Samples: Settlement Agreement
Payments to Class Members. Within ten fifteen (1015) days after entry of the Preliminary Approval/Notice Order, Defendant shall deposit the Settlement Fund into a separate interest bearing account at Defendant for the benefit of the Class. Within ten (10) days after the entry of the Final Approval Order, Defendant shall transfer the Settlement Fund to into the Claims Escrow Account established by the Settlement 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 payments to the Named Plaintiffs; (c) costs associated with administering the Notice in accordance with Section 45, above; and (d) any fees paid to the Claims Settlement Administrator for services rendered in connection with the administration process; and (e) any cy pres payment. 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 nor shall Defendant be responsible for any payments, costs, fees, or obligations other than payment of the Net Settlement Fund. In the event a Final Approval Order is not issued, or this Agreement is terminated by either party Party for any reason, including pursuant to Section 1516, 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.
Appears in 1 contract
Samples: Settlement Agreement
Payments to Class Members. Within ten fifteen (1015) days after entry of the Preliminary Approval/Notice Order, Defendant shall deposit transfer the Settlement Fund into a separate interest bearing account at Defendant for the benefit of the Class. Within ten (10) days after the entry of the Final Approval Order, Defendant shall transfer Escrow Account established by 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 PlaintiffsPlaintiff; (c) costs associated with administering the Notice in accordance with Section 45, above; and (d) any fees paid to the Claims Settlement Administrator for services rendered in connection with the administration process; and (e) any cy pres payment. 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 nor shall Defendant be responsible for any payments, costs, fees, or obligations other than payment of the Net Settlement Fund. In the event a Final Approval Order is not issued, or this Agreement is terminated by either party Party for any reason, including pursuant to Section 1516, 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.
Appears in 1 contract
Samples: Settlement Agreement
Payments to Class Members. Within ten fourteen (10) days after entry of the Preliminary Approval/Notice Order, Defendant shall deposit the Settlement Fund into a separate interest bearing account at Defendant for the benefit of the Class. Within ten (1014) days after the entry of the Final Approval OrderEffective Date, 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)(iv11(d)(iii)(5)(i), 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 Plaintiffs; (c) costs associated with administering the Notice notice in accordance with Section 45, above; and (dc) 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 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 1514, 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.
Appears in 1 contract
Samples: Settlement Agreement