Settlement Checks. “Settlement Checks” means checks issued to Class Members for their share of the Net Settlement Fund calculated in accordance with this Agreement.
Settlement Checks. If a Settlement Class Member opts for payment via mailed check, all settlement checks shall be void ninety (90) days after issuance and shall bear the language: “This check must be cashed within ninety (90) days, after which time it is void.” If a check becomes void, the Settlement Class Member shall have until six months after the Effective Date to request re-issuance. If no request for re-issuance is made within this period, the Settlement Class Member will have failed to meet a condition precedent to recovery of payment on his/her claim, the Settlement Class Member’s right to receive monetary relief shall be extinguished, and neither the Settlement Fund, Claims Administrator, Defendant nor Settlement Class Counsel shall have any obligation to make payments to the Settlement Class Member on the claim. The same provisions shall apply to any re-issued check. For any checks that are issued or re-issued for any reason more than one hundred eighty (180) days after the Effective Date, requests for re-issuance need not be honored after such checks become void.
Settlement Checks. “Settlement Checks” means checks issued to Authorized Claimants for their Individual Net Amount.
Settlement Checks. “Settlement Checks” means checks issued to Settlement Class Members for their share of the NSS.
Settlement Checks. 17 a. The Settlement Administrator will be responsible for undertaking appropriate 18 deductions, required tax reporting, and issuing the Individual Settlement Payments by way of check to
Settlement Checks. (A) Any Class Member who does not submit an Opt-out Statement pursuant to this Agreement will be issued a Settlement Check. The Settlement Check will contain the following language: “By signing, endorsing, depositing, cashing and/or negotiating this check, I hereby consent to join as a party the collective action under Case No. 13-cv-5796 (S.D.N.Y.) pursuant to Section 16(b) of the FLSA, 29 U.S.C. § 216(b). I further understand and agree to the release of claims set forth in Section 12 of the Notice I was provided.”
(B) Regardless of whether he or she signs, negotiates, deposits, cashes or endorses the Settlement Check, any Class Member who does not opt out pursuant to Section 2.5 is subject to the release set forth in Section 4.1.
(C) The Settlement Administrator shall retain copies of the originals of the signed, endorsed, deposited, cashed and/or negotiated checks until such time as the Settlement Administrator is relieved of its duties and responsibilities under this Agreement. Either the Settlement Administrator or Defendant’s Counsel shall also file copies of the signed, endorsed, deposited, cashed and/or negotiated checks on ECF with redactions to be agreed upon by the parties.
Settlement Checks. (A) The Settlement Administrator shall mail the Settlement Checks and Service Awards within fourteen (14) days of the Effective Date (the “Initial Settlement Checks”).
(B) Each Settlement Check will contain the following affirmation above the signature line on the back of the check: “My endorsement of this check acknowledges that I am receiving this payment pursuant to the resolution of my claims as a settlement class member in Xxxxxxx x. Xxxxxxxxx LP., Case No. 14-cv-02657 (S.D.N.Y.), and that I have opted into the case as a party plaintiff under Section 16(b) of the Fair Labor Standards Act. I understand that my claims in this case have been resolved and that I have released all claims as fully set forth in the Settlement Agreement in this case regardless of whether I endorse or cash this check.”
(C) Each Qualified Class Member, regardless of whether such Qualified Class Member signs, endorses, deposits, cashes or negotiates a Settlement Check or objects to the Settlement, is bound by all terms and conditions of the Settlement and will be deemed to have released all Released Claims (as defined in Section 10.1).
(D) Initial Settlement Checks shall remain payable for one year from the date the Initial Settlement Checks are first mailed by the Settlement Administrator. Any subsequent or replacement checks issued during the Payout Period shall remain payable for as long as the Initial Settlement Checks remain payable or a period of thirty (30) days, whichever is longer. Any communication by the Settlement Administrator accompanying any check shall advise the payee of the period the check will be payable.
(E) The Settlement Administrator will, within two (2) days of the end of the Payout Period, send to Class Counsel and Bloomberg’s Counsel by both email and overnight delivery a final list of all Qualified Class Members indicating whether or not each Qualified Class Member cashed his or her Settlement Check. If any subsequent or replacement checks were issued and remain payable beyond the Payout Period in accordance with Section 5.7.1(D), the Settlement Administrator will (1) include that information on the final list, along with the date until which any such subsequent or replacement checks remain payable; and (2) send to Class Counsel and Bloomberg’s Counsel by email two (2) days after which any subsequent or replacement checks remain payable, an updated list indicating whether or not each Qualified Class Member cashed his or her subsequent or replacement c...
Settlement Checks. All Settlement Checks for each Qualified Class Members’ Initial Gross Settlement Payment shall contain, on the back of the check, the following Consent to Join and Release Form endorsement:
Settlement Checks. All Settlement Checks shall contain, on the back of the check, the following limited endorsement: “RELEASE OF CLAIMS:
Settlement Checks. All checks issued by the Settlement Administrator (defined below) to Class Members from the Settlement Fund (defined below) (the “Settlement Checks”) shall contain, on the back of the check, the following limited endorsement: By endorsing this check, I consent to join the case entitled Xxxxxxx x. Xxxxx Direct, Inc., and I hereby release Dyson Direct, Inc. and all other Releasees (as defined in the Settlement Agreement in Xxxxxxx) from all wage and hour claims under the Fair Labor Standards Act, the Illinois Minimum Wage Law and/or any other applicable wage and hour law, rule or regulation brought or which could have been brought in the litigation.” Any modification or amendment of the above-language by the Class Member, at Xxxxx’x discretion, may not be accepted, and, if not accepted, shall void the Settlement Check. Any Class Member who does not endorse and/or otherwise cash their Settlement Checks shall be deemed not to have opted into the Lawsuit with respect to such FLSA Claims and, accordingly, shall not be entitled to proceed or otherwise assert their FLSA Claims in the Lawsuit, which shall be dismissed in its entirety following Final Approval, provided, however, that the foregoing shall have no effect on such Class Member’s waiver and release of this claims under Section II.A above.
