Pro Rata 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. For the avoidance of doubt, the Cash Award Fund is the Settlement Fund less the amount of all Settlement Costs, and in no event will Defendant be obligated to pay more than the Settlement Fund.
Appears in 2 contracts
Samples: Settlement Agreement and Release, Settlement Agreement and Release
Pro Rata Distribution. If the total amount of Non-Rewards Member Settlement Awards would exceed the Cash Award Fund, the Non-Rewards Member Settlement Awards will be reduced pro rata so that the total payment in the aggregate to Settlement Class Non-Rewards Subclass Members for Settlement Awards does not exceed the Cash Award Fund. For the avoidance of doubt, the Cash Award Fund is the Non-Rewards Member Settlement Fund less the amount of all Settlement Costs, and in no event will Defendant be obligated to pay in cash more than the Non-Rewards Member Settlement Fund.
Appears in 1 contract
Samples: Settlement Agreement and Release
