Settlement Payments. A. Unless the Court orders otherwise, each Participating Class Member will receive an equal, pro-rata portion of the Net Settlement Amount. The “Net Settlement Amount” is the Settlement Amount (plus any accrued interest thereon) reduced by any sums awarded by the Court for attorneys’ fees, litigation expenses, service payments, and all expenses of settlement administration (including expenses previously incurred and the Settlement Administrator’s good faith estimate of future expenses to be incurred). The pro-rata share of each Participating Class Member shall be computed by dividing the Net Settlement Amount by the number of Participating Class Members.
B. As soon as practicable after the Effective Date, the Settlement Administrator will transmit to each Participating Class Member that person’s settlement payment, which may be in the form of a check or an electronic payment such as Venmo, direct deposit/ACH, or PayPal. The settlement payment will be accompanied by a statement that the Participating Class Member should consult his or her tax advisor regarding the tax consequences of the settlement payment. In the event any check is returned to the Settlement Administrator as undeliverable, or in the event any electronic payment is unable to be processed, the Settlement Administrator will attempt to contact the Participating Class Member by telephone or email or perform a skip trace to attempt to locate a current address or other relevant information necessary to re-issue payment. Any payment instrument not negotiated within ninety (90) days of its mailing or other transmission by the Settlement Administrator will be void. Any portion of the Settlement Amount, including accrued interest, that remains unpaid at the end of such ninety-day period will be paid to one or more cy pres recipients mutually proposed by the Parties and approved by the Court, unless the Court orders otherwise.
Settlement Payments. On the first (1st) Business Day of each ------------------- month ("Interest Settlement Date"), Agent will advise each Lender by telephone, fax or telecopy of the amount of such Lender's share of interest and fees on each of the Loans as of the end of the last day of the immediately preceding month. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender, by wire transfer to such Lender's account (as specified by such Lender on the signature page of this Agreement or the applicable Assignment and Acceptance Agreement, as amended by such Lender from time to time after the date hereof or in the applicable Assignment and Acceptance Agreement) not later than 3:00 p.m. Chicago time on the next Business Day following the Interest Settlement Date, such Lender's share of interest and fees on each of the Loans. Such Lender's share of interest on each Loan will be calculated for that Loan by adding together the Daily Interest Amounts for each calendar day of the prior month for that Loan and multiplying the total thereof by the Interest Ratio for that Loan. Each Lender's share of the Unused Line Fee described in subsection 2.3(A) shall be an amount ----------------- equal to (a)(i) such Lender's average Revolving Loan Commitment during such month, less (ii) the sum of (x) such Lender's average Daily Loan Balance of the ---- Revolving Loans and the Swingline Loan, plus (y) such Lender's Pro Rata Share of ---- the average daily aggregate amount of Letter of Credit Liability, in each case for the preceding month, multiplied by (b) the percentage required by subsection ---------- ----------
2.3(A) All other fees paid to Agent for the benefit of Lenders hereunder shall ------ be paid and calculated based on each Lender's Commitment in the appropriate Loan facilities on which such fees are associated.
Settlement Payments. 3.1 In satisfaction of all claims for civil penalties and attorneys’ fees and costs related to the Notices, Company shall pay a total settlement amount of $95,500 (the “Settlement Amount”) within 10 days of the Effective Date by wire transfer to HLF’s counsel escrow account, for which HLF’s counsel will give Company the necessary account information no later than two days after the Effective Date. HLF shall be solely responsible for allocating the Settlement Amount pursuant to Section 3. Upon request, HLF or its legal counsel shall supply the Company with a completed W-9 form. The Settlement Amount shall be allocated as follows:
Settlement Payments. Subject to the terms and conditions contained in this Restated Agreement, APS will make settlement payments as specified below (“Settlement Payments”):
Settlement Payments. At any time during the Term, any Party may make payment of the amounts that are allocable to such Party as a result of the cost allocation in accordance with Section 3.1 hereof, regardless of whether an invoice pursuant to Section 4.3 hereof has been issued with respect to such amounts.
Settlement Payments. Subject to Section 3.8(c) of this Schedule “B”, all losses, costs, expenses, claims or damages, including legal fees and disbursements, net of any insurance proceeds, incurred and paid by the Operator in settlement of any loss, cost, expense, claim, damage, judgement or similar matter (including a payment made, or an action taken, by the Operator as a result of an action of a governmental agency) shall constitute an Expenditure made by the Operator under the applicable Program. In addition, the non-Operator, in proportion to its Joint Venture Interest calculated on the date that the initial liability was incurred which gives rise to this indemnification obligation, shall indemnify and hold harmless the Operator for any loss, cost, expense, claim or damage, including legal fees and disbursements, suffered or incurred by the Operator in respect of a third party claim (including an action of a governmental agency which results in a payment made, or an action taken, by the Operator), except to the extent that such claim arose from the gross negligence or wilful misconduct of the Operator.
Settlement Payments. Borrower fails to make any payment of any settlement amounts, costs, fees and expenses incurred in connection with the dismissal or settling of any appeals of the Order (including, without limitation, the Hargreaves Appeal).
Settlement Payments a. The Trust will return Three Million (3,000,000) shares of Releasor’s common stock to Releasor. Upon execution of this Agreement, the Trust will return the certificate representing the Equity Consideration to Releasor’s transfer agent, VStock Transfer, with instructions to transfer Three Million (3,000,000) shares to Releasor and return a new certificate to the Trust for the balance of Three Million (3,000,000) shares of Releasor’s common stock.
b. The time period under which Royalty Consideration is payable to the Trust by Releasor under the SPA is reduced from seven (7) years to five (5) years.
c. Releasor will issue a warrant in the form of Exhibit A to the Trust.
Settlement Payments. Each Class Member may qualify and submit a claim for one of the following:
Settlement Payments a. For each and every instance of Settling Defendants’ receipt on or after June 18, 2014 of any Air Cargo Proceeds, within fifteen (15) calendar days of such receipt or within five (5) business days after the Effective Date (whichever is later), Settling Defendants or their designee shall pay by wire transfer to the Escrow Agent 100% of such proceeds, provided that the total amount paid into the Escrow Account pursuant to this Section does not exceed twenty-five million ($25,000,000) United States dollars. Settling Defendants and their predecessors, successors, affiliates, parents, subsidiaries, and assigns agree to act in good faith, including by taking all steps necessary to obtain any and all Air Cargo Proceeds potentially due them.
b. In the event that Settling Defendants’ Air Cargo Proceeds referred to in Section II(A)(1)(a) total less than twenty-five million ($25,000,000) United States dollars, Settling Defendants shall pay by wire transfer to the Escrow Agent the difference between (a) the total of those Air Cargo Proceeds received after June 18, 2014 and (b) twenty-five million ($25,000,000) United States dollars; provided that Settling Defendants will not be required to pay a difference exceeding seven million ($7,000,000) United States dollars. Settling Defendants have no obligation under this Section II(A)(1)(b) to pay Plaintiffs anything other than future Air Cargo Proceeds unless and until all Air Cargo Proceeds to UPS are exhausted.
c. Payments to the Escrow Agent described herein will be by wire transfer pursuant to instructions from Settlement Class Counsel.
d. The payments described in Sections II(A)(1)(a) and II(A)(1)(b) collectively shall constitute the total Settlement Amount, and the obligations described in those Sections shall continue so long as this Settlement Agreement remains in effect.
e. Each Class Member shall look solely to the Settlement Amount for settlement and satisfaction, as provided herein, of all claims released by the Releasing Parties pursuant to this Agreement.
