Second Distribution. If, after the expiration date of the checks distributed pursuant to subparagraph i. above, there remains money in the Settlement Fund sufficient to pay at least $10 to each Settlement Class Member who received an electronic deposit or cashed his or her initial settlement check prior to the expiration date of such check, such remaining monies will be distributed on a pro rata basis to those Settlement Class Members (the “Second Distribution”). The Second Distribution shall be made within 90 days after the expiration date of the checks distributed pursuant to subparagraph i. above, and shall be paid in the same manner as the First Distribution. Checks issued pursuant to the Second Distribution will be valid for 120 days from the date on the check.
Second Distribution. The Department shall distribute up to and including an additional thirty percent (30%) of the Apportionment to the City, less three percent (3%) of the Apportionment set aside for the emergency fund below. The amount of the second distribution will depend on how actual revenues compare to revenue estimates.
Second Distribution. If, despite these efforts, unclaimed or undistributed funds remain in the Settlement Trust one year after the United States has made the payment set forth in paragraph 12, those funds (“the Remaining Amount After First Distribution”) shall be distributed to Class Members as follows. First, the only Class Members who will be eligible for a second distribution will be those who (1) paid a total amount of more than $350 in PACER fees for use of PACER during the Class Period, and (2) deposited or otherwise collected their payment from the first distribution, as confirmed by the Administrator. Second, the Administrator shall determine the number of Class Members who satisfy these two requirements and are therefore eligible for a second distribution. Third, the Administrator shall then distribute to each such Class Member an equal allocation of the Remaining Amount After First Distribution, subject to the caveat that no Class Member may receive a total recovery (combining the first and second distributions) that exceeds the total amount of PACER fees that the Class Member paid for use of PACER during the Class Period. The entire amount of the Remaining Amount After First Distribution will be allocated in the Second Distribution. To the extent a payment is made to a Class Member by the Administrator by check, any check that remains uncashed following one year after the United States has made the payment set forth in paragraph 12 shall be void, and the amounts represented by that uncashed check shall revert to the Settlement Trust for the Second Distribution. Prior to making the Second Distribution, the Administrator will notify in writing the Administrative Office’s Office of General Counsel and the Administrative Office’s Court Services Office at the following addresses that unclaimed or undistributed funds remain in the Settlement Trust. If to the Administrative Office’s Court Services Office: Administrative Office of the U.S. Courts Xxxxxxxx Xxxxxxxx Federal Judiciary Building Court Services Office Xxx Xxxxxxxx Xxxxxx, X.X., Xxx. 0-000 Xxxxxxxxxx, XX 00000 If to the Administrative Office’s Office of General Counsel: Administrative Office of the U.S. Courts Xxxxxxxx Xxxxxxxx Federal Judiciary Building Office of General Counsel One Columbus Circle, N.E. Ste. 7-290 Washington, DC 20544
Second Distribution. After Defendants’ payment obligations are complete in Xxxxx, within thirty (30) days of Defendants having contributed an additional $900,000.00 to the Trust Account pursuant to the timeline set forth in Paragraph 5.1.1, the Settlement Administrator shall distribute those funds a pro rata basis to Class Members who have submitted a valid claim form and are still owed funds under the Settlement, attorney’s fees, costs and PAGA. If a Participating Class Member failed to cash his or her settlement check from the First Distribution, the amount of that check shall be included in the Second Distribution and that Class Member shall still receive a check in the Second Distribution.
Second Distribution. If any funds are unclaimed or remain unused after the initial distribution, those funds will be distributed to Settlement Class Members who cashed the initial payment, on a pro rata basis, to the extent the cost of such redistribution is considered Case 3:15-cv-00165-L-AGS Document 232-8 Filed 03/06/20 PageID.10676 Page 12 of 87 economical by the Claims Administrator, Class Counsel, and Defendant as provided for in Section 10.01d. After the second distribution, or if a second distribution is considered not to be economical, then any unclaimed or unused funds will be used to offset the costs of Class Administration.
Second Distribution. Immediately following the consummation of the transactions described in Section 2.8, Kxxxxxxx-Xxxxx shall cause KCW to transfer to Kxxxxxxx-Xxxxx, as a dividend, all of its right, title and interest in and to the capital stock of Neenah.
Second Distribution. Within 185 days after the Settlement Administrator mails the Individual Settlement Amount checks, the Settlement Administrator shall distribute the amount of any uncashed checks or remaining funds to those Settlement Class Members who cashed their Individual Settlement Amount checks. The amount of uncashed checks or remaining funds shall be allocated according to the method used for calculation of the Individual Settlement Amounts. The Settlement Administrator shall inform each of the Settlement Class Members receiving a second distribution that the check for any second distribution shall be cashed within 30 days or become void.
Second Distribution. If, after the expiration date of the checks distributed pursuant to Section 12.1 above, there remains money in the Settlement Fund sufficient to pay at least ten dollars ($10.00) to each Settlement Class Member who was not a person who failed to cash his or her initial Settlement Award check, such remaining monies will be distributed on a pro rata basis to those Settlement Class Members (the “Second Distribution”). The Second Distribution will be made within ninety (90) days after the expiration date of the checks distributed pursuant to Section
Second Distribution. After claims subject to the First Distribution are paid the Average General Unsecured Recovery or the Convenience Class Recovery, as applicable, the remaining Net Cash Proceeds distributed shall be paid to the holders of the 12-1/8% Senior Notes and the holders of the 11-1/4% Senior Notes and applied to the payment of their respective Allowed Claims, until such Allowed Claims are paid in full.
Second Distribution. Approximately three months after the Initial Distribution, Plaintiffs’ Counsel shall send a second notice to class members who have not submitted claims giving them another opportunity to submit claims. Forty-five (45) days after the mailing of the second notice to class members, the remainder of the Settlement Fund shall be distributed by the Claims Administrator as follows: late claimants shall get their initial payments; and the residual funds shall be distributed to all claimants (from the first and second distribution) in an amount proportional to the amount of their initial distribution, except that those individuals whose second distribution would be less than $50 will not receive a second distribution. Additionally, after being informed by the Claims Administrator of the additional amount owed for the employer’s share of payroll taxes for the second distribution, Texas Roadhouse shall deposit that amount into the Settlement Account as well.
