Pro Rata and Cy Pres Distribution Sample Clauses

Pro Rata and Cy Pres Distribution. If the total amount of Settlement Awards would exceed the Cash Award Fund, the Settlement Awards will be reduced pro rata so that the total payment in the aggregate to Settlement Class Members for Settlement Awards does not exceed the Cash Award Fund. If the total amount of Settlement Awards would not exhaust the Cash Award Fund, then (1) Settlement Awards will be increased pro rata up to $40 total per Settlement Award, less any funds necessary for remaining Settlement Costs or additional Settlement Costs related to the pro rata distribution; and (2) any remaining funds in the Cash Award Fund after all Settlement Awards are issued, less any funds necessary for remaining Settlement Costs, will be awarded cy pres to an agreed upon recipient(s) to be approved by the Court. For the avoidance of doubt, in no event will Defendant be obligated to pay more than the Cash Award Fund in total to all Settlement Class Members, not including the incentive award to the Class Representatives (which is a Settlement Cost) and no funds shall revert back to Defendant.
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Related to Pro Rata and Cy Pres Distribution

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