Retention of Claims Administrator. The Parties agree to retain Postlethwaite & Xxxxxxxxxxx as Claims Administrator to effect Class Notice and administration. The Claims Administrator shall assist with various administrative tasks, including, without limitation:
a. Arranging for the dissemination of the Class Notice pursuant to the Notice Plan agreed to by the Parties and approved by the Court;
b. Answering written inquiries from Class Members and/or forwarding such inquires to Class Counsel;
c. Receiving and maintaining forms of Class Members who wish to opt out of and be excluded from the Agreement;
Retention of Claims Administrator. The Court approves the retention of Strategic Claims Services as the Claims Administrator. The Claims Administrator shall cause the Notice and the Claim Form (“Notice Packet”), substantially in the forms annexed hereto, to be mailed by first-class mail or emailed, on or before ten (10) business days after entry of this Preliminary Approval Order (“Notice Date”), to all Settlement Class Members who can be identified with reasonable effort. Peabody, to the extent it has not already done so, shall use its best efforts to obtain and provide to Lead Counsel, or the Claims Administrator, within ten (10) business days of entry of this Order and at no cost to Lead Counsel or the Claims Administrator, records from Xxxxxxx’x transfer agents in electronic searchable form, to the extent available, containing the names, addresses, and emails (to the extent available) of Persons who purchased Peabody publicly traded common stock during the Settlement Class Period.
Retention of Claims Administrator. (A) Within 5 business days of the entry of an order granting Preliminary Approval, in the form attached as Exhibit C, the Parties shall retain a Claims Administrator, who shall be responsible for claims administration and various other duties described in this Agreement. The Claims Administrator shall be required to agree in writing to treat information it receives or generates as part of the claims administration process as confidential and to use such information solely for purposes of claims administration.
(B) All fees and expenses of the Claims Administrator shall be paid out of the Total Settlement Amount, as defined in Section 3.1. The Claims Administrator shall be required to agree to a reasonable estimate for fees and expenses for claims administration work, and such estimate shall provide the basis for the reserve described in Section 3.1. Any fees and expenses in excess of the estimate shall not be paid to the Claims Administrator unless the Claims Administrator files a declaration with the Court explaining the basis for the additional fees and expenses and receives approval by the Court for such payments. To the extent that the Court, upon such request, approves any fees and expenses in excess of the estimate, such additional fees and expenses will be paid out of the Total Settlement Amount. In no event shall the Claims Administrator seek additional fees and expenses after the Fairness Hearing.
Retention of Claims Administrator. Within twenty (20) days of the Effective Date, KFHPW and the United States will agree upon a third-party organization to serve as claims administrator for the purposes of compensating persons harmed through the conduct described above from the Compensation Fund (“Claims Administrator”). The Claims Administrator must have the ability to communicate with persons who are deaf, deaf-blind, or hard of hearing through sign language interpretation services, if appropriate, and must commit to using such services, when appropriate, for all substantive communications with Potential Eligible Persons and Eligible Persons, as defined below. Within thirty (30) days of the Effective Date, KFHPW will contract to retain the Claims Administrator to conduct the activities set forth in this Agreement (“Retention Date”). KFHPW will obtain the United States’ consent to the contract prior to its execution. KFHPW will bear all costs associated with the claims administration. KFHPW’s contract with the Claims Administrator will require that the Claims Administrator comply with the provisions of this Agreement, as applicable to the Claims Administrator. The Claims Administrator’s contract will also require the Claims Administrator to work cooperatively with the United States in the conduct of the Claims Administrator’s activities, including reporting regularly to and providing all requested information to the United States. All information and data provided to the Claims Administrator pursuant to this Agreement shall be used by the Parties and the Claims Administrator only for the purposes of implementing this Agreement and shall be kept confidential.
Retention of Claims Administrator. Within five (5) days after the execution of this Agreement, Plaintiffs’ Counsel, in consultation with Defendant’s Counsel, shall engage a Claims Administrator to mail Notices to Class Members and administer the settlement. The Claims Administrator shall be responsible for:
A. Preparing, printing, and disseminating the Notices and Claim Forms to the Class Members, including notices required pursuant to the Class Action Fairness Act;
B. Copying counsel for all Parties on material correspondence and promptly notifying all counsel for the Parties of any material requests or communications made by any Party;
C. Promptly furnishing to counsel for the Parties copies of any Claim Forms, Opt- out Statements, objections, or other written or electronic communications from the Class Members which the Claims Administrator receives;
D. Keeping track of Claim Forms and Opt-out Statements including maintaining the original mailing envelope in which the request was mailed;
E. Mailing all required tax forms to Class Members and to Class Counsel as provided herein;
F. Setting up the Net Settlement Fund to be used for the distribution of all Settlement Checks to Class Members, Plaintiffs’ Counsel, the Claims Administrator, and Service Awards to Plaintiffs;
G. Calculating the amount of each Class Member’s Settlement Check;
H. Calculating the employer-side payroll taxes required pursuant to the settlement;
I. Calculating and paying each Class Member’s taxes and preparing appropriate tax forms for HRC and for each Class Member; J. Issuing and mailing the Settlement Checks to Class Members;
K. Responding to inquiries from Class Members regarding settlement procedures;
L. Referring to Plaintiffs’ Counsel and HRC’s Counsel all inquiries from Class Members not within the Settlement Claims Administrator’s duties;
M. Promptly apprising Class Counsel and HRC’s Counsel of the activities of the Claims Administrator;
N. Maintaining adequate records of its activities, including the dates of the mailing of Notices, returned mail and other oral, written, or electronic communications (including attempted communications) with the Class Members;
O. Confirming in writing to Plaintiffs’ Counsel and HRC’s Counsel of its completion of the administration of the settlement;
P. Timely responding to communications from the Parties or their counsel; and
Q. Such other tasks that the Parties mutually agree upon.
(a) a list of all Class Members who filed timely objections; (b) a list of all Class Members w...
Retention of Claims Administrator. Within a reasonable time after the execution of this Agreement, Plaintiffs shall retain the Claims Administrator, such as Simpluris, Martom or TBD, to administer the claims process based on the terms contained herein. The Claims Administrator shall be responsible for: (a) administering the Class Notice process; (b) calculating the individual settlement payment to be paid to each Class Member from the Gross Settlement Fund based on the Parties’ agreed-upon formula; (c) calculating the taxes to be withheld from the settlement payment paid to each Authorized Claimant; (d) cutting and sending out each of the settlement checks to be paid to each Plaintiff Authorized Claimant and to Class Counsel, and any tax withholding payments to be made on their behalf and any taxes and tax withholding payments to be made to taxing authorities by reason of taxable payments made to them; and (e) reporting to Defendants’ Counsel and Class Counsel regarding the aforementioned activities. The Claims Administrator shall consult with Defendants’ Counsel, and Defendants’ owners, managers, accounting staff, tax advisors, and financial advisors as needed to effectuate its obligations pursuant to this Agreement. The Claims Administrator shall also issue to the Parties a report every thirty (30) days setting forth: (a) a summary of its recent activity; and (b) the names of any class members whose class notices have been returned as “undeliverable.” Plaintiffs shall pay the fees charged by the Claims Administrator from the Qualified Settlement Fund, which is estimated not to exceed forty thousand dollars ($40,000.00).
Retention of Claims Administrator. The Named Plaintiffs shall retain a Claims Administrator, which shall be responsible for the claims administration process, distribution to Class Members, withholding and paying applicable taxes, and other duties as provided herein. The Claims Administrator shall sign and be bound by the Protective Order entered in the Action and be required to agree in writing in a form approved by Blue Sky, such approval not to be unreasonably withheld, to treat information it receives or generates as part of the claims administration process as confidential and to use such information solely for the purposes of notice and claims administration, and functions necessarily associated therewith or by this Agreement. The fees and expenses of the Claims Administrator shall be paid exclusively out of the Settlement Fund. In no event shall Blue Sky be separately responsible for fees or expenses of the Claims Administrator.
Retention of Claims Administrator. Within fourteen (14) calendar days after the execution of this Agreement, Defendant’s counsel, in consultation with and approval by Class Counsel, shall select a settlement Claims Administrator to administer the settlement process. Plaintiffs’ counsel shall ask the Court to approve the selection of the Claims Administrator as part of the preliminary approval process. The Claims Administrator shall be responsible for: (i) preparing, printing and disseminating to Class Members the Notice of class action settlement and claim form in a form approved by the Court; (ii) copying counsel for the Parties on material correspondence; (iii) tracking and promptly furnishing Class Counsel and Defendant’s Counsel with copies of objections, Opt-out Statements, Claims Forms or other written or electronic communications from Class Members that the Claims Administrator receives; (iv) mailing the Settlement Checks to Class Members who have filed claims and who have not opted out; (v) preparing and mailing Class Counsel’s attorneys’ fees, expenses, and costs, and Service Awards in accordance with this Agreement and/or any Order of the Court; (vi) administering all payroll tax obligations of Defendant, including issuing the W-2 and 1099 Forms for all amounts paid to the Class Members who have not opted out; (vii) responding to inquiries of Class Counsel and Defendant’s Counsel consistent with the Claims Administrator’s duties specified herein;
Retention of Claims Administrator. The Court approves the retention of JND Legal Administration as the Claims Administrator. The Claims Administrator shall commence the mailing, by first-class mail, postage prepaid, of the Notice and the Claim Form (together the “Notice Packet”), substantially in the forms annexed hereto, on or before fifteen (15) business days after entry of this Preliminary Approval Order (“Notice Date”), to all Class Members who can be identified with reasonable effort. Conduent, to the extent it has not already done so, shall use its best efforts to obtain and provide to Co-Class Counsel, or the Claims Administrator, within ten (10) calendar days of entry of this Order and at no cost to Co-Class Counsel or the Claims Administrator, records from Conduent’s transfer agents in electronic searchable form, to the extent readily available, containing the names and addresses of Persons who purchased Conduent publicly traded common stock on the open market on a United States stock exchange during the Class Period.
Retention of Claims Administrator. The Named Plaintiffs shall retain a Claims Administrator, which shall be responsible for the notice and claims administration process, calculation of payments to Class Members based on the Plan of Allocation approved by the Court, distribution to Class Members, withholding and paying applicable taxes, and other duties as provided herein. Plaintiffs shall obtain approval by the Court of the choice of the Claims Administrator. The Claims Administrator shall sign and be bound by the Protective Order entered in the Action and be required to agree in writing in a form approved by Sony Pictures, such approval not to be unreasonably withheld, to treat information it receives or generates as part of the notice and claims administration process as confidential and to use such information solely for the purposes of notice and claims administration, administering the Settlement Fund, including withholding and paying applicable taxes, and functions necessarily associated therewith or by this Agreement, and shall keep the information confidential including without limitation from Class Counsel. The fees and expenses of the Claims Administrator shall be paid exclusively out of the Settlement Fund. In no event shall Sony Pictures be separately responsible for fees or expenses of the Claims Administrator.
