Payments to Settlement Class Members. (a) Hearst shall establish the Settlement Fund within twenty-eight (28) days after Preliminary Approval.
(b) Settlement Class Members shall have until the Claims Deadline to submit Claim Forms. Only one valid Claim Form will be honored per unique telephone number that received Telephone Calls. Each Settlement Class Member who submits an Approved Claim shall be entitled to a payment of a pro rata share of the amount remaining in the Settlement Fund based upon the number of telephone calls he or she received up to $500.00 per call, and after payment of all Settlement Administration Expenses, any incentive award to the Class Representative, and any Fee Award to Class Counsel. The payment for each Approved Claim will be increased or decreased depending on the total number of Approved Claims, but shall not exceed $500.00 per call.
(c) Within ninety (90) days after the Effective Date, or such other date as the Court may set, the Settlement Administrator shall pay from the Settlement Fund all Approved Claims by check and send said checks via first-class U.S. mail to the Settlement Class Members who submitted all such Approved Claims.
(d) All cash payments issued to Settlement Class Members via check will state on the face of the check that the check will expire and become null and void unless cashed within ninety (90) days after the date of issuance.
(e) Any un-cashed checks issued to Settlement Class Members in accordance with this Agreement, as well as any unclaimed funds remaining in the Settlement Fund after payment of all Approved Claims, all Settlement Administration Expenses, the Fee Award to Class Counsel, and the incentive award to the Class Representative shall be distributed to Settlement Class Members with Approved Claims if practicable, provided, however, that in no event shall the total amount distributed to any Settlement Class Member (including any amounts distributed to that Settlement Class Member pursuant to Provision 2.1(b)) exceed $1,500.00 per call.
(f) In the event that (i) monies remain in the Settlement Fund following the distributions identified in Provisions 2.1(b) and (e) above, or (ii) the sum remaining after the distribution identified in Provision 2.1(b) is limited such that the redistribution identified in Provision 2.1(e) is not practicable (e.g., the amounts remaining and to be redistributed to individual class members are less than the cost of mailing additional checks), the remaining funds shall be disbursed to a charitable org...
Payments to Settlement Class Members. If the Court grants final approval of the Settlement, Settlement Awards will be mailed to all Settlement Class members who did not submit a valid and timely Request for Exclusion.
Payments to Settlement Class Members. What kind of payments can Settlement Class Members receive?
Payments to Settlement Class Members. (a) Defendant shall pay or cause to be paid into the Escrow Account the amount of the Settlement Fund ($13,750,000.00), specified in Section 1.33 of this Agreement, within twenty-eight (28) business days after Preliminary Approval.
(b) Settlement Class Members shall have until the Claims Deadline to submit an Approved Claim. Each Settlement Class Member with an Approved Claim shall be entitled to a pro rata portion of the Settlement Fund, calculated by the Settlement Administrator, by check after deducting all Settlement Administration Expenses, any Fee Award to Class Counsel, and any other costs, fees or expenses approved by the Court. The intention of the parties is that the recovery for any individual class member will not exceed the amount allowed by law.
(c) The Settlement Administrator shall pay from the Settlement Fund all Approved Claims by check with said checks being sent via first class U.S. mail to the Settlement Class Members who submitted all such Approved Claims. Payments to all Settlement Class Members with Approved Claims shall be made within twenty-eight (28) days after Final Judgment.
(d) All cash payments issued to Settlement Class Members via check will state on the face of the check that it will expire and become null and void unless cashed within ninety (90) days after the date of issuance. To the extent that a check issued to a Settlement Class Member is not cashed within ninety (90) days after the date of issuance, such funds shall, subject to Court approval, revert to the Michigan Bar Foundation’s Access to Justice Fund, a non-sectarian, not-for-profit organization, or another non-sectarian, not-for-profit organization(s) recommended by Class Counsel and approved by the Court.
Payments to Settlement Class Members. (a) Defendant shall cause their insurers to pay into the Escrow Account the amount of the Settlement Fund ($16,375,000.00), specified in Section 1.33 of this Agreement, according to the following schedule: i. three hundred thousand dollars ($300,000.00) to be paid into the Escrow Account within twenty-eight (28) business days after Preliminary Approval to cover the initial hard costs included in the Settlement Administration Expenses of the Settlement Administrator associated with providing Notice to the class, including payment of postage fees; and
Payments to Settlement Class Members. (a) Defendant shall pay into the Escrow Account the amount of the Settlement Fund ($1,000,000.00), specified in Paragraph 1.33 of this Agreement, within sixty (60) days after Final Approval.
(b) Each Settlement Class Member shall receive as a Cash Award a pro rata portion of the Settlement Fund, calculated by the Settlement Administrator, after deducting all Settlement Administration Expenses, any Fee Award to Class Counsel, any service award to the Class Representative, and any other costs, fees, or expenses approved by the Court, unless the Settlement Class Member excludes himself or herself from the Settlement.
(c) Except for any Settlement Class Member for whom the Settlement Administrator is unable to identify a postal address or e-mail address that it determines is reasonably likely to be the current place of residence (or an active e-mail address) for such Settlement Class Member, after taking measures reasonably necessary to identify such an address (as detailed further in Paragraph 4.1(b)), each Settlement Class Member will be sent via
Payments to Settlement Class Members. 1. The Settlement payments to Class Members will be calculated, paid, and distributed as follows:
a. an initial damages amount will be calculated by the Settlement Administrator for each Class Member who submits a Valid Claim (Settlement Class Member), said damages amount to be calculated by applying the Incarceration Claim Calculation Method, the Fee Payment Claim Calculation Method, and/or the Warrant Claim Calculation Method, each and together as set forth in this Settlement Agreement;
b. within 30 days of entry of Final Judgment, Defendant will pay or cause to be paid the total initial damages amount to the Settlement Administrator or as directed by the Settlement Administrator;
c. the Settlement Administrator shall make all payments required hereunder and send checks, or other cash-equivalent form of payment, to each Settlement Class Member who submitted a Valid Claim; and
d. within 30 days of the Effective Date, Defendant will pay or cause to be paid Seven Thousand Five Hundred and 00/100 Dollars ($7,500.00) to each of four (4) Class Representatives Xxxxxx Xxxxx, Xxxxxxx X. Xxxxxx, Xxxxxx X. Xxxxxx, and Xxxxxxxx Xxxxxx; and
e. within 30 days of the Effective Date, Defendant will pay or cause to be paid Two Hundred Thousand and 00/100 Dollars ($200,000) to Class Counsel for the Attorneys’ Fees.
Payments to Settlement Class Members. All funds held by the Settlement Administrator shall be deemed and considered to be in custodia legis of the Court, and shall remain subject to the jurisdiction of the Court, until distributed pursuant to this Agreement. All funds held by the Settlement Administrator at any time shall be deemed to be a Qualified Settlement Fund as described in Treasury Regulation §1.468B-1, 26 C.F.R.
§1. 468B-1. Within ten (10) days after the Effective Date, the Settlement Administrator shall make payments from the Settlement Fund as follows:
Payments to Settlement Class Members. (a) Within ten (10) business days of entry of the Preliminary Approval Order, Target Graphics shall pay into the Escrow Account an amount equal to the Settlement Administration Expenses. as invoiced by the Settlement Administrator.
(b) Settlement Class Members shall have until the Claims Deadline to submit a Claim Form for approval by the Settlement Administrator as an Approved Claim. Each Settlement Class Member who submits an Approved Claim will receive a Settlement Payment.
(c) Within ten (10) business days of the Effective Date, the Defendant shall deposit into the Escrow Account: (1) an amount equal to the Settlement Payment multiplied by the number of Approved Claims; (2) the Fee Award to Class Counsel; and (3) the Incentive Award to the Class Representative.
(d) Target Graphics shall provide a Settlement Class Member’s social security number to the Settlement Administrator for settlement administration or tax purposes, upon request and in the event deemed necessary by the Settlement Administrator.
(e) The Settlement Class Administrator shall issue all Settlement Payments via check and will state on the face of the check that it will expire and become null and void unless cashed within ninety (90) days after the date of issuance. If a check issued to a Settlement Class Member is not negotiated within ninety (90) days after the date of issuance, such checks shall be deemed void and such cashed check funds shall revert to Defendant.
Payments to Settlement Class Members. (a) Visage Screen-Print, Inc. shall pay into the Escrow Account the amount of the Settlement Fund ($188,100.00) within thirty-five (35) days after the Effective Date.
(b) The Settlement Administrator shall issue a pro rata distribution of the Net Settlement Fund to all Settlement Class Members who are successfully delivered Notice and who do not timely exclude themselves from the Settlement Class. This distribution to Settlement Class Members will be in the form of a check mailed for Settlement payments to each Settlement Class Members’ last known address as reflected by Visage Screen-Print, Inc.’s records, or to an alternate address for any Settlement Class Member as determined by the Settlement Administrator pursuant to Paragraph 4.1 of this Agreement.
(c) Within forty-five (45) days of the Effective Date, the Settlement Administrator shall pay: (1) the settlement payments to Settlement Class Members; (2) the Fee Award to Class Counsel, if any; (3) the Incentive Award to Plaintiffs, if any; (4) the Settlement Administration Expenses (providing an invoice for same to Class Counsel and Defendant’s Counsel for review and approval prior to issuing such payment).
(d) Visage Screen-Print, Inc. shall provide a Settlement Class Member’s social security number to the Settlement Administrator for settlement administration/tax purposes, upon request and in the event deemed necessary by the Settlement Administrator.
(e) All checks issued to Settlement Class Members will state on the face of the check that it will expire and become null and void unless cashed within ninety (90) days after the mailing date. If a check issued to a Settlement Class Member is not cashed within ninety (90) days after the mailing date, such funds shall, subject to Court approval, be paid back to Visage Screen- Print, Inc. and Visage Screen-Print, Inc. shall have no further financial obligations as to the Class Members who do not cash their checks.
