Settlement Fund Allocation Sample Clauses

Settlement Fund Allocation. The identification of Class Members to receive monetary relief and distribution of such monetary relief is the exclusive responsibility of Class Counsel, Claims Administrator, and Claims Allocator, acting on behalf of the Class. The Agency shall not be held responsible or liable for providing information or data used to distribute monetary relief, determining the distribution methodology, the determination of monetary relief to be accorded each individual, or other aspects of the monetary awards process. The individual awards owed to Class Members, including Class Agents, is not enforceable against the Agency. The Settlement Fund shall be apportioned as follows, subject to the Final Order approving this Settlement Agreement:
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Settlement Fund Allocation. No Settlement Class Member will be required to submit a claim form to receive a share of the Settlement Fund. The Parties agree to allocate the settlement fund as follows:
Settlement Fund Allocation. Each Class Member shall be allocated a proportionate share of the Net Settlement Fund. The individual allocations from the Net Settlement Fund for each Class Member will be calculated pursuant to the principles set forth below.
Settlement Fund Allocation. The Parties estimate that the Settlement Fund will be allocated as follows, and the Defendant will not in any way contest such allocation and awards by the Court:
Settlement Fund Allocation. No Settlement Class Member will be required to submit a claim form to receive a share of the Settlement Fund. Settlement Class Members who are FLSA Plaintiffs and who operate multiple territories shall collect monies allocated to alleged overtime on only one territory, which will be the territory that has the highest total alleged overtime damages during the recovery period as determined by Class Counsel. The Parties agree to allocate the Settlement Fund as follows:

Related to Settlement Fund Allocation

  • Settlement Fund All payments under this Section IV shall be made into the Settlement Fund, except that, where specified, they shall be made into the Settlement Fund Escrow. The Settlement Fund shall be allocated and used only as specified in Section V.

  • Allocation Following the Closing, Purchaser shall prepare and deliver to Sellers an allocation of the aggregate consideration among Sellers and, for any transactions contemplated by this Agreement that do not constitute an Agreed G Transaction pursuant to Section 6.16, Purchaser shall also prepare and deliver to the applicable Seller a proposed allocation of the Purchase Price and other consideration paid in exchange for the Purchased Assets, prepared in accordance with Section 1060, and if applicable, Section 338, of the Tax Code (the “Allocation”). The applicable Seller shall have thirty (30) days after the delivery of the Allocation to review and consent to the Allocation in writing, which consent shall not be unreasonably withheld, conditioned or delayed. If the applicable Seller consents to the Allocation, such Seller and Purchaser shall use such Allocation to prepare and file in a timely manner all appropriate Tax filings, including the preparation and filing of all applicable forms in accordance with applicable Law, including Forms 8594 and 8023, if applicable, with their respective Tax Returns for the taxable year that includes the Closing Date and shall take no position in any Tax Return that is inconsistent with such Allocation; provided, however, that nothing contained herein shall prevent the applicable Seller and Purchaser from settling any proposed deficiency or adjustment by any Governmental Authority based upon or arising out of such Allocation, and neither the applicable Seller nor Purchaser shall be required to litigate before any court, any proposed deficiency or adjustment by any Taxing Authority challenging such Allocation. If the applicable Seller does not consent to such Allocation, the applicable Seller shall notify Purchaser in writing of such disagreement within such thirty (30) day period, and thereafter, the applicable Seller shall attempt in good faith to promptly resolve any such disagreement. If the Parties cannot resolve a disagreement under this Section 3.3, such disagreement shall be resolved by an independent accounting firm chosen by Purchaser and reasonably acceptable to the applicable Seller, and such resolution shall be final and binding on the Parties. The fees and expenses of such accounting firm shall be borne equally by Purchaser, on the one hand, and the applicable Seller, on the other hand. The applicable Seller shall provide Purchaser, and Purchaser shall provide the applicable Seller, with a copy of any information described above required to be furnished to any Taxing Authority in connection with the transactions contemplated herein.

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