Payments to Class Members. Within fifteen (15) days after entry of the Preliminary Approval/Notice Order, Defendant shall transfer the Settlement Fund into the Escrow Account established by the Settlement Administrator. 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; (d) any fees paid to the 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, nor shall Defendant be responsible for any payments, costs, fees, or obligations other than payment of the 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 Settlement Administrator (including accrued interest, if any) less expenses actually incurred by the Settlement Administrator or due and owing to the 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 and Release
Payments to Class Members. Within fifteen fourteen (1514) days after entry of the Preliminary Approval/Notice OrderEffective Date, Defendant shall transfer the Settlement Fund into the Escrow Account established by to the Settlement Administrator, less the total amount that will be credited to Class Members by Defendant, as provided in subsection 11(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 Plaintiff; (c) costs associated with administering the Notice notice in accordance with Section 5, above; and (dc) any fees paid to the 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, nor shall Defendant be responsible for any payments, costs, fees, or obligations other than payment 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 party for any reason, including pursuant to Section 1614, below, the portion of the Settlement Fund paid to the Settlement Administrator (including accrued interest, if any) less expenses actually incurred by the Settlement Administrator or due and owing to the 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 and Release
Payments to Class Members. Within fifteen (15) days after entry of the Preliminary Approval/Notice Order, Defendant shall transfer the Settlement Fund into the Escrow Account established by the Settlement Administrator. 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; (d) any fees paid to the 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, nor shall Defendant be responsible for any payments, costs, fees, or obligations other than payment of the 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 Settlement Administrator (including accrued interest, if any) less expenses actually incurred by the Settlement Administrator or due and owing to the 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 and Release
Payments to Class Members. Within fifteen ten (1510) 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 into to the Escrow Account established Claims Administrator, less the total amount that will be credited to Class Members by the Settlement AdministratorDefendant, 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 PlaintiffPlaintiffs; (c) costs associated with administering the Notice in accordance with Section 54, above; and (d) any fees paid to the Settlement Claims 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, nor shall Defendant be responsible for any payments, costs, fees, or obligations other than payment 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 party for any reason, including pursuant to Section 1615, below, the portion of the Settlement Fund paid to the Settlement Claims Administrator (including accrued interest, if any) less expenses actually incurred by the Settlement Claims Administrator or due and owing to the Settlement 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 and Release
Payments to Class Members. Within fifteen (15) days after entry of the Preliminary Approval/Notice Approval Order, Defendant shall transfer the Settlement Fund into the Escrow Account established by the Settlement Administrator. 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 5, above; (d) any fees paid to the 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, nor shall Defendant be responsible for any payments, costs, fees, or obligations other than payment of the 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 Settlement Administrator (including accrued interest, if any) less expenses actually incurred by the Settlement Administrator or due and owing to the 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 and Release
Payments to Class Members. Within fifteen (15) days after entry of the Preliminary Approval/Notice Approval Order, Defendant shall transfer the Settlement Fund into the Escrow Account established by the Settlement Administrator. 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 5, above; (d) any fees paid to the 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, nor shall Defendant be responsible for any payments, costs, fees, or obligations other than payment of the 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 1617, below, the portion of the Settlement Fund paid to the Settlement Administrator (including accrued interest, if any) less expenses actually incurred by the Settlement Administrator or due and owing to the 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 and Release