Common use of Settlement Monetary Consideration Clause in Contracts

Settlement Monetary Consideration. Settlement Consideration under this Agreement includes the following: 3.3.1 Within thirty (30) days after the Court’s entry of the Preliminary Approval Order, TDAF will fund the Settlement Fund by depositing the sum of Two Million, Two Hundred Thousand Dollars ($2,200,000) into an escrow account with the Settlement Administrator, the terms of which shall be subject to TDAF’s approval. 3.3.2 The Settlement Administrator’s costs associated with disseminating the Mail Notice, Class Notice, the Settlement Website, distributing checks to Settlement Class Members, and any escrow, administrative and/or bank related fees and costs associated with the Settlement Administrator’s distribution of payments as well as the Incentive Payment to the Class Representative, Attorney’s Fees and Expenses awarded by the Court shall be paid out of the Settlement Fund. 3.3.3 After deducting the Court-approved Incentive Payment to the Class Representative, as set forth in section 5.2, any administrative costs, and the Attorney’s Fees and Expenses from the Settlement Fund, Settlement Class Members shall be paid from the Settlement Fund in an amount equal to the pro rata share of the Settlement Fund, which is to be calculated per account included in the Settlement Class according to a Prorated Percentage. The Prorated Percentage for each Account is equal to a numerator consisting of 10% of the “Amount Financed” on the RISC plus the “Finance Charge” on the RISC and a denominator consisting of 10% of the aggregate “Amount Financed” plus the aggregate “Finance Charge” for the Class. In the case of accounts that list more than one person as a borrower or co-borrower, the pro rata share payable on that account will be divided equally among borrowers or co-borrowers with separate checks issued to each. 3.3.4 Under no circumstances shall TDAF’s total payment obligation under the Settlement Agreement exceed $2,200,000.

Settlement Monetary Consideration. Settlement Consideration under this Agreement includes the following: 3.3.1 3.2.1 Within thirty (30) days after the Court’s entry of the Preliminary Approval Order, TDAF SC will fund the Settlement Fund by depositing the sum of Two Million, Two Eight Hundred Thousand Dollars dollars ($2,200,000800,000) into an escrow account with the Settlement Administrator, the terms of which shall be subject to TDAFSC’s approval. 3.3.2 3.2.2 The Settlement Administrator’s costs, including costs associated with disseminating the Mail Notice, Notice and Class Notice, creating and maintaining the Settlement WebsiteWebsite and the call center, processing requests for exclusions and/or objections, distributing checks to Settlement Class Members, and any escrow, administrative and/or bank related fees and costs associated with the Settlement Administrator’s distribution of payments as well as after the Incentive Payment to Settlement Administrator provides the Class Representativeinformation set forth in section 6.4, Attorney’s Fees and Expenses awarded by the Court shall be paid out of the Settlement Fund. 3.3.3 3.2.3 After deducting the any Court-approved Incentive Service Payment to the Class Representative, as set forth in section 5.2, any administrative costsCourt-approved Attorneys’ Fees and Expenses, and the Attorney’s Fees and Expenses administrative costs from the Settlement Fund, Settlement Class Members shall be paid from the Settlement Fund in an amount equal to the pro rata Settlement Class Member’s proportionate share of the Settlement Fund, which is relative to be calculated per account included in the total dollar amount of Convenience Fees paid by the Settlement Class according to a Prorated PercentageMember. The Prorated Percentage for each Account is equal to a numerator consisting of 10% of the “Amount Financed” on the RISC plus the “Finance Charge” on the RISC and a denominator consisting of 10% of the aggregate “Amount Financed” plus the aggregate “Finance Charge” for the Class. In the case of accounts that list If an account lists more than one person as a borrower customer, debtor, or co-borrowerguarantor, the pro rata share payable on that account check will be divided equally among borrowers or co-borrowers with separate checks issued made payable to eachthe person listed in SC’s records as the primary account holder. 3.3.4 3.2.4 SC represents that, to the best of its knowledge based on researching customer accounts, the total dollar amount of Convenience Fees paid by Settlement Class Members is approximately $3,680,483. 3.2.5 Under no circumstances shall TDAFSC’s total payment obligation under the Settlement Agreement exceed $2,200,000800,000, which is inclusive of all payments to the Settlement Class, costs of notice and administration, and Attorneys’ Fees and Expenses and Service Payments to the Class Representatives, as approved by the Court. 3.2.6 Nothing in section 3.2 is an admission either about SC’s current or past practices, or an admission that the terms are mandated by law or other requirement. 3.2.7 The relief set forth in this section shall not operate as an injunction or otherwise provide any Class Member or governmental official or agency, or any other person or entity with any right or power to seek direct enforcement of its terms.

Settlement Monetary Consideration. 4.2.1 Allstate will fund the Settlement Consideration Class Recovery, from which all Settlement Relief, Attorneys’ Fees and Costs, Notice and Administrative Costs, and any Incentive Award will be paid. The Settlement Class Recovery represents the limit and total extent of Defendant’s non-monetary and monetary obligations under this Agreement includes and the following:Settlement. 3.3.1 Within thirty 4.2.2 Defendant will fund the monetary aspects of the Settlement Class Recovery as follows: (30a) days after within the Court’s entry of time requested by the Settlement Administrator, Defendant will transfer to the Settlement Administrator (via wire instructions provided by the Settlement Administrator to Allstate an amount sufficient to pay Notice and Administrative Costs authorized by the Settlement Agreement and/or the Preliminary Approval Order, TDAF and (b) within ten (10) Days after the Final Settlement Date, Defendant will fund transfer funds sufficient to pay the remaining amount of the Settlement Fund by depositing the sum of Two Million, Two Hundred Thousand Dollars ($2,200,000) into an escrow account with the Settlement Administrator, the terms of which shall be subject to TDAF’s approval. 3.3.2 The Settlement Administrator’s costs associated with disseminating the Mail Notice, Class Notice, the Settlement Website, distributing checks to Settlement Class Members, Recovery as approved and any escrow, administrative and/or bank related fees and costs associated with the Settlement Administrator’s distribution of payments as well as the Incentive Payment to the Class Representative, Attorney’s Fees and Expenses awarded authorized by the Court shall be paid out of to the Settlement FundAdministrator (via wire instructions provided by the Settlement Administrator to Allstate). The Settlement Administrator will use or pay those funds as authorized by the Settlement Agreement, the Preliminary Approval Order, the Final Approval Order, and/or the Judgment. 3.3.3 After deducting the Court-approved Incentive Payment to the Class Representative, as set forth in section 5.2, any administrative costs, and the Attorney’s Fees and Expenses from 4.2.3 The Court shall retain continuing jurisdiction over the Settlement Fund, Settlement Class Members shall be paid from the Settlement Fund in an amount equal to the pro rata share of the Settlement Fund, which is to be calculated per account included in and the Settlement Class according Recovery. 4.2.4 Each Claimant who properly submits a valid Claim shall be entitled to receive Settlement Relief. No interest shall be included as an element of, or be payable or paid on, any claimed amount. 4.2.5 All payments issued to Claimants via check will state on the face of the check that the check will expire and become null and void unless cashed within one hundred and eighty (180) days after the date of issuance. 4.2.6 If, after payments to Claimants have been made and the deadline for cashing checks has passed, the total amount of uncashed checks will be disbursed as cy pres to a Prorated Percentagenon-profit approved by the Court. The Prorated Percentage Parties agree to recommend the Lawyers Committee for each Account is equal Civil Rights Under Law as the cy pres designee. 4.2.7 If for any reason the Final Approval Order and/or the Judgment does not become Final within the meaning of Section 2.15, all remaining Settlement Class Recovery together with any interest thereon, shall be returned to a numerator consisting of 10% Allstate within five (5) days after the occurrence of the “Amount Financed” on condition or event that prevents the RISC plus Final Approval Order and/or the “Finance Charge” on the RISC and a denominator consisting of 10% of the aggregate “Amount Financed” plus the aggregate “Finance Charge” for the Class. In the case of accounts that list more than one person as a borrower or co-borrower, the pro rata share payable on that account will be divided equally among borrowers or co-borrowers with separate checks issued to eachJudgment from becoming Final. 3.3.4 Under no circumstances shall TDAF’s total payment obligation under the Settlement Agreement exceed $2,200,000.

Settlement Monetary Consideration. Settlement Consideration under this Agreement includes the following: 3.3.1 3.2.1 Within thirty (30) days after the Court’s entry of the Preliminary Approval Order, TDAF XXXX will initially fund the Settlement Fund by depositing into an escrow account with the Settlement Administrator the sum of Seventy-Five Thousand Dollars ($75,000) to cover the initial costs and expenses for implementing the terms of the Settlement set forth herein. The Parties agree to make reasonable efforts to direct the Settlement Fund to a financial institution with branches in Pennsylvania that agrees to waive check cashing fees. Any balance of this initial funding remaining shall revert to BANA in the event that the Settlement is not approved. In no other event, except upon termination of this Settlement pursuant to Section 13, shall there be a reverter. 3.2.2 Within twenty-one days of the Effective Date, XXXX will fund the remainder of the Settlement Fund by depositing the sum of Two Million, Two Three Million One Hundred Seventy-Five Thousand Dollars ($2,200,0003,175,000) into an the escrow account with the Settlement Administrator, . The Parties and Settlement Administrator agree to provide any information or documentation necessary for BANA to complete the terms of which shall be subject to TDAF’s approvalfunding. 3.3.2 3.2.3 The Settlement Administrator’s costs associated with disseminating the Mail Notice, Class Notice, the Settlement Website, distributing checks or electronic payments to Settlement Class Members, and any escrow, administrative and/or bank related fees and costs associated with the Settlement Administrator’s distribution of payments as well as the Incentive Payment service awards to the Class RepresentativeRepresentatives, Attorney’s Fees and Expenses awarded by the Court Court, shall be paid out of the Settlement Fund. 3.3.3 3.2.4 After deducting the Court-approved Incentive Payment service awards to the Class RepresentativeRepresentatives, as set forth in section Paragraph 5.2, any administrative Settlement Administrator costs, and the Attorney’s Fees and Expenses from the Settlement Fund, Settlement Class Members shall be paid from the Settlement Net Fund in an amount equal to the pro rata share of the Settlement Net Fund, which is to be calculated as a proportional share according to the statutory damages under UCC Article 9 per account Account included in the Settlement Class according (unless there are co-borrowers, in which case the pro rata share payable on that Account will be divided equally among borrowers and co-borrowers with separate payments issued to a Prorated Percentageeach). The Prorated Percentage for each This proportional share per Account is equal to be calculated using a numerator consisting of 10% of the “Amount Financed” on the RISC plus the “Finance Charge” on the RISC for each Account, and a denominator consisting of 10% of the aggregate “Amount Financed” plus the aggregate “Finance Charge” for the Class. In The ensuing figure is then multiplied by the case of accounts that list more than one person as a borrower or co-borrowerNet Fund, resulting in the pro rata share payable on that account will be divided equally among borrowers or co-borrowers with separate checks issued Account. Settlement Class Members are eligible for only one pro rata payment per Account, regardless of whether the Account was subject to eachmore than one repossession. 3.3.4 Under no circumstances shall TDAF’s total payment obligation under the Settlement Agreement exceed $2,200,000.