Settlement Funds. The Servicer shall be named as a payee on all insurance loss drafts and upon receipt thereof, the funds shall be credited to the Borrower's Insurance Proceeds balance and deposited into (a) where such funds will be applied to the repair and restoration of the related Mortgaged Property and where required by applicable state law, one or more separate escrow accounts, so that the balance on deposit in such accounts is fully insured at all times by the FDIC through either the BIF or SAIF or (b) where such funds will not be applied to the repair and restoration of the related Mortgaged Property, the respective Custodial P&I Account.
Settlement Funds. For the purpose of settling a Securities transaction, Customer will provide BNY Mellon with sufficient immediately available funds or Securities, as applicable, in the relevant Account by such time and date as is required to enable BNY Mellon to settle such transaction in the country of settlement and in the currency to be used to settle such transaction.
Settlement Funds. You appoint Stripe as your agent for the limited purpose of directing, receiving, holding and settling funds under this Agreement. Notwithstanding the prior sentence, no agency is established for tax purposes. All settlement funds Stripe receives for Transactions are combined with settlement funds held for other Stripe users and safeguarded as Safeguarded Funds. Once Stripe receives settlement funds, the relevant Customer has no further obligation to make payments to you with respect to a Transaction. Stripe will promptly update your Stripe Account balance to reflect processed Transactions. If, in the capacity as your agent, Stripe provides a receipt for a Transaction to the applicable Customer, that receipt is binding on you. Prior to transferring settlement funds to the User Bank Account, Stripe may invest Safeguarded Funds as described in Section 5.2 of the General Terms. You have no rights to any earnings generated by Safeguarded Funds and are not entitled to draw funds from any Pooled Account.
Settlement Funds. The Buyer will transfer the Purchase Price in immediately available funds to the Seller care of the escrow agent, Xxxxxxx & Xxxx, X.X.
Settlement Funds. The Buyer will transfer the Purchase Price in immediately available funds to the Seller at the Closing.
Settlement Funds. (A) BHCP shall deposit into the Qualified Settlement Fund only those funds necessary for the payment of settlement awards in accordance with the terms hereof. Payments shall be made on an as needed basis within thirty
Settlement Funds. (A) Subject to the Walk Away Right, as set forth in Article X, Organon shall deposit funds in the amount of $100,000,000 (the “Settlement Funds”) into the Qualified Settlement Fund (also referred to herein as the “QSF”) within thirty (30) days following the Effective Date of this Agreement.
(B) The NPC agree that the amount of the Settlement Funds is fair and reasonable under the circumstances. The Settlement Funds shall be paid by Organon.
(C) The NPC, together with the QSF Administrator, are responsible for appropriately distributing the entirety of the Settlement Funds. Defendants and their counsel shall have no role, involvement in, or responsibility for allocating the Settlement Funds among Claimants, their counsel, any lienholders, the Special Master, the Claims Administrator, or any other third parties.
(D) Any term of this Agreement, or of the Qualified Settlement Fund Agreement, to the contrary notwithstanding, in no event shall Organon have any obligation to make payment of the Settlement Funds into the Qualified Settlement Fund unless and until (i) the Qualified Settlement Fund shall have been duly approved by the MDL Court, and (ii) the Effective Date shall have occurred.
(E) Any term of this Agreement, or of the Qualified Settlement Fund Agreement, to the contrary notwithstanding, neither the NPC, the Program Participants, the Special Master, the Claims Administrator, the QSF Administrator, nor any other Person is entitled under this Agreement or the Qualified Settlement Fund Agreement to collect any amount from any of the Defendants or any other Released Persons other than from Organon pursuant to Organon’s express obligations to make payments into the Qualified Settlement Fund, to pay Administrative Expenses, and to pay any expenses relating to motions, appeals, or audit(s), as dictated by this Agreement. For the avoidance of doubt, neither Organon nor any other Released Persons shall have any obligation to pay (or to make any payment on account of), or reimburse, any Persons for any attorneys’ fees or costs or expenses incurred by any Claimant in connection with the
Settlement Funds. (A) Subject to the Walk Away Right, as set forth in Article V, Takeda shall pay funds in the aggregate amount of $2,370,000,000, and, in the event that the Overall Participation rate as set forth in Section 5.02(B)(1) above exceeds ninety seven percent (97%) of all Eligible Enrollees, Takeda shall pay an additional amount of $30,000,000 (the “Settlement Funds”). The Settlement Funds shall be deposited into the QSF as follows:
1. Within thirty (30) days after the Claims Administrator has made the Estimated Points Valuation, Takeda shall deposit into the QSF such funds as are necessary for the payment of Interim Payments pursuant to Section 7.01; and
2. Within thirty (30) days after the Claims Administrator has made the Claims Administrator’s Final Points Valuation, Takeda shall deposit into the QSF the remaining balance of the Settlement Funds, after deducting any funds previously deposited by Takeda into the QSF following the Estimated Points Valuation for the payment of Interim Payments under paragraph 10.01(A)1 above. For the avoidance of doubt, under no circumstances shall Takeda or any other Defendant be obligated for the payment of any monies more than the aggregate amount of $2,370,000,000 in the event of an Overall Participation rate of up to 97%, except that, if the Overall Participation rate exceeds 97%, an additional $30,000,000 shall be payable, for a total aggregate amount of $2,400,000,000, as set forth above, nor for any additional monies associated with the Program (including but not limited to additional monies for EI Payments, attorneys’ fees or expenses, or Common Benefit Fund payments), with the exception of the payment obligations relating to Administration Expenses set forth in Section 10.05 (E) and any expenses for audits and appeals, where applicable, as explicitly provided for in Sections 8.05(A) and 9.05.
(B) The PSRC agree that the amount of the Settlement Funds is fair and reasonable under the circumstances.
(C) Any term of this Agreement, or of the Qualified Settlement Fund Agreement, to the contrary notwithstanding, in no event shall Takeda have any obligation to make payment of the Settlement Funds into the Qualified Settlement Fund unless and until (i) the Qualified Settlement Fund shall have been duly approved by the MDL Court, and (ii) the Effective Date shall have occurred. No Settlement Payments shall be made pursuant to Article VII unless and until Takeda’s Walk Away Right as set forth in Article V has expired without be...
Settlement Funds. No later than ten (10) business days after the Effective Date of this Settlement, Defendants shall pay, by wire transfer to the Claims Administrator: (i) the sum of Seven Hundred Seventy-Five Thousand Dollars ($775,000) as the “Individual Named Plaintiffs’ Settlement Fund” and (ii) Thirty-Eight Million Two Hundred Twenty-Five Thousand Dollars ($38,225,000) (the “Settlement Sum”) minus the amount previously paid to Plaintiffs’ Counsel for attorneys’ fees and costs (as specified in Section XII) and minus the Claims Administrator’s reasonably anticipated fees and costs advanced to the Claims Administrator upon Preliminary Approval of the Settlement Agreement (the “Settlement Fund”). These amounts shall be placed into an interest bearing escrow account established by the Claims Administrator. The Settlement Sum together with the Individual Named Plaintiffs’ Settlement Fund constitute the total settlement cash outlay by Defendants in connection with the resolution of this Action, except for payments to the Independent Consultant and the Independent Settlement Monitor, the costs of the Programmatic Relief and Defendants’ share of taxes. The Settlement Sum together with the Individual Named Plaintiffs’ Settlement Fund shall cover all expenses, costs, fees and taxes related in any way to the Settlement, except for payments to the Independent Consultant and the Independent Settlement Monitor, the Programmatic Relief, and the employer share of FUTA/FICA/SUTA and Medicare taxes on settlement proceeds. No other money shall be separately paid by Defendants in connection with this Settlement (including, without limitation, in connection with any taxes, attorneys’ fees, retirement or other employee benefits, or in any other respect). This Settlement Sum together with the Individual Named Plaintiffs’ Settlement Fund is inclusive of payment for: (a) all amounts paid to Settlement Class Members, including the Named Plaintiffs, which are to be distributed pursuant to Section C, below; (b) all amounts paid to Named Plaintiffs, which includes amounts paid as Service Awards (as described in Section XII.D.), amounts paid as Settlement Class Members and amounts paid to Named Plaintiffs Xxxxx Xxxx, Xxxxxx Xxxxxxx, Xxxx Xxxxx and Xxxx XxXxxxxxxxx for signing individual releases (as described in Section V.B.); (c) attorneys’ fees associated or incurred in connection with Named Plaintiffs’ individual claims up through Preliminary Approval or, if later, the date Xxxx, Xxxxxxx, Xxxxx a...
Settlement Funds. The Client must ensure that its SFT Account holds sufficient sold funds in order to settle each Contract for Currencies. The Client will not receive purchased funds unless at settlement its SFT Account holds the required sold funds.
