Settlement Consideration. 4.1 Under no circumstances shall Defendants’ liability to make payments to the Settlement Class Members, including the Named Plaintiffs’ Enhancement Awards, exceed the Maximum Claimant Settlement Amount of $14,000,000.
4.2 In consideration of the Settlement including the Release given herein, each Claimant shall be entitled to a Calculated Payment as described in this Agreement. The total amount paid to all Claimants, including the Named Plaintiffs’ Enhancement Awards, in the aggregate, shall not exceed the Maximum Claimant Settlement Amount. In the event the aggregate total dollar value of all Claims submitted by the Claimants and the Named Plaintiffs’ Enhancement Awards paid to the Named Plaintiffs exceeds the Maximum Claimant Settlement Amount, each Claimant’s Calculated Payment shall be reduced and the Claimant shall receive, as a Calculated Payment, a pro rata share of the Maximum Claimant Settlement Amount. Only one Calculated Payment is payable per eligible Electricity Maine account; however, Claimants who maintained multiple accounts with Electricity Maine are not prohibited from submitting multiple Claims.
4.3 The payments to Claimants described herein will only be available on a claims made basis through submission of a Valid Claim, with no residue, and Electricity Maine will only be required to pay Valid Claims.
4.4 This Agreement does not create any property interest or unclaimed property or cy pres rights for Settlement Class Members who do not submit Valid Claims, or who do not present, deposit, cash, or otherwise negotiate a settlement payment, or if the Settlement is terminated.
4.5 All Settlement Class Members, Claimants, Named Plaintiffs, and Class Counsel shall be responsible for their own individual tax reporting obligations respecting the Settlement and any payments thereunder. Defendants’ Counsel and the Released Parties shall not have any liability or responsibility for any taxes or tax expenses resulting from the Settlement.
4.6 Claimants will have the opportunity to select an electronic payment option for payment of the Claimant’s Calculated Payment on the Claims Form or through the Claims Portal. The Claims Form and the Claims Portal will provide available cost-effective electronic payment options, including direct deposit and various digital payment methods. Each Claimant opting to receive their Calculated Payment electronically shall select one of the identified payment options and provide the information required to make the pa...
Settlement Consideration. In consideration of the full settlement, satisfaction, compromise and release of the Released Plaintiffs’ Claims, an aggregate $115 million in cash (the “Escrow Amount”) shall be paid on behalf of the Settling Defendants to Freeport by the D&O Carriers. The Settling Defendants shall cause the Escrow Amount to be deposited by the D&O Carriers into an interest-bearing escrow account controlled by an agreed upon representative of Plaintiffs and of the Settling Defendants (the “Escrow Account”) within fifteen (15) business days after the Stipulation is submitted to the Court. Upon the Effective Date, the Escrow Amount, together with any and all interest thereon, shall be paid to Freeport from the Escrow Account. For the avoidance of doubt, the Settling Defendants shall have no obligation to deposit any portion of the Escrow Amount into the Escrow Account but shall have an obligation to take all reasonably available steps to seek to cause the D&O Carriers to deposit the Escrow Amount into the Escrow Account.
Settlement Consideration. In consideration for the foregoing releases, the Parties agree to the following:
Settlement Consideration. In consideration for the Settlement, entry of judgment, and dismissal, and for the release provided herein, FCA US agrees to provide the following consideration to the Class:
Settlement Consideration. 2.1 The Defendants shall pay the Settlement Amount into Charney’s trust account no less than thirty (30) days before the Approval Hearing.
2.2 The Defendants will not be required to pay more than the Settlement Amount, all in, under this Agreement and the Settlement Amount is the sole monetary payment that the Defendants will make under this Agreement.
2.3 Within ten (10) days after the Approval Order becomes final, Charney’s shall transfer to the Claims Administrator the Net Settlement Fund.
2.4 The Settlement Amount shall be the sole source of monetary funds under this Agreement.
2.5 The Settlement Amount shall not be released from Charney’s trust account until the Approval Order becomes final.
2.6 The Claims Administrator, subject to supervision and direction of the court, shall administer and/or oversee distribution of the Settlement Trust pursuant to this Agreement and the Approval Order.
2.7 The Claims Administrator is responsible for communicating with the Class Members regarding the distribution of the Settlement Trust.
2.8 All funds held in Charney’s trust account shall be deemed to be in the custody of the court until such time as the funds are distributed pursuant to Approval Order or further order of the court.
2.9 Each Class Member shall be solely responsible for the tax consequences, if any, to him, her, or it of the receipt of funds from the Approval Order.
2.10 Defendants and their counsel shall not have any responsibility for or liability whatsoever with respect to: (i) any act, omission, or determination of Class Counsel, the Claims Administrator, or any of their respective designees or agents, in connection with the administration of the Agreement or otherwise; (ii) the management, investment, or distribution of the Settlement Amount; (iii) the formulation, design, or terms of the disbursement of the Settlement Amount; (iv) the determination, administration, calculation, or payment of any claims asserted against the Settlement Amount; (v) any losses suffered by, or fluctuations in the value of the Settlement Amount; or (vi) the payment or withholding of any taxes and tax-related expenses incurred in connection with the taxation of the Settlement Amount or the filing of any returns. Defendants also shall have no obligation to communicate with Class Members other than set out in this Agreement.
2.11 The Plaintiffs and Class Counsel shall not have any liability whatsoever with respect to: (i) any act, omission or determination of the Claims...
Settlement Consideration. Virpax will pay Sorrento and Scilex a total of $6 million. Virpax will pay that amount as follows: No later than two business days after the Effective Date, Virpax will wire $3.5 million to Scilex (the “Initial Payment”). By or on July 1, 2024, Virpax will wire the remaining $2.5 million to Scilex.
Settlement Consideration. In consideration for the full and complete Release of all Released Claims against all Released Parties, and the dismissal of the Xxxxxx Action and Xxxxxxx Action with prejudice, Defendants agree to provide the following consideration to the Settlement Class:
Settlement Consideration. In consideration for the Settlement Agreement, entry of judgment, and dismissal, and for the mutual release provided herein, Defendants agree to provide the following consideration to the Class:
Settlement Consideration. 2.1 In consideration for the release contained in this Class Settlement Agreement, and as a direct result of the Litigation, and without admitting liability for any of the alleged acts or omissions alleged in the Litigation, and in the interests of minimizing the costs inherent in any litigation, CaptureRx will perform all the following:
2.2 CaptureRx will pay the Settlement Fund to the Claims Administrator as follows:
(a) within seven (7) days following entry of the Preliminary Approval Order, CaptureRx will advance the amounts necessary to pay for the Notice Program and settlement administration which amount shall be determined and requested by the Claims Administrator, and which advances will be credited against the Settlement Fund; and (b) CaptureRx will pay the balance of the Settlement Fund into the Escrow Account by or before the Funding Date. (The “Funding Date” means the date, which is no later than ten (10) days after the Effective Date). Additionally, within ninety (90) days of the Effective Date, CaptureRx will implement the injunctive relief as described in Paragraph 2.7. Defendant shall also provide to Interim Class Counsel a declaration verifying that the injunctive relief has been implemented.
2.3 Each Settlement Class Member who files a valid claim will be eligible for one cash payment.
2.4 Every Settlement Class Member who attests that he or she was impacted by the Data Incident is eligible to receive Twenty-Five Dollars ($25.00), subject to a potential pro rata reduction as detailed below, regardless of whether he or she experienced any identity theft as a result of the Data Incident.
Settlement Consideration. 3.1 In exchange for the dismissal of the Litigation, with prejudice, and the Released Claims as provided herein, XXX agrees to provide the following consideration to the Settlement Class:
