Settlement Payments to Settlement Class Members. (a) Settlement Class Members shall have until the Claims Deadline to submit a Claim Form. The Settlement Administrator shall have sole and final authority to determine if a Claim Form is an Approved Claim. Each Settlement Class Member who submits an Approved Claim shall be entitled to a payment of a pro rata share of their respective State-Specific Settlement Fund, after payment of Settlement Administration Expenses, the Fee Award, and any incentive award to that Settlement Class’s respective class representative. (b) Within twenty-eight (28) days of the Effective Date, or such other date as the Court may set, the Settlement Administrator shall send settlement payments from the State-Specific Settlement Fund to Settlement Class Members with Approved Claims by electronic deposit or by check via First Class U.S. Mail to the address provided on the Claim Form, as elected by the Settlement Class Member with an Approved Claim. (c) Each payment issued to a Settlement Class Member by check will state on the face of the check that it will become null and void unless cashed within one hundred and eighty (180) calendar days after the date of issuance. (d) In the event that an electronic deposit to a Settlement Class Member is unable to be processed, the Settlement Administrator shall attempt to contact the Settlement Class Member within twenty-eight (28) days thereafter to correct the problem. (e) To the extent that a check issued to an Settlement Class Member is not cashed within one hundred and eighty (180) days after the date of issuance or an electronic deposit is unable to be processed within one hundred and eighty (180) days of the first attempt, such funds shall revert to the respective State-Specific Settlement Fund to be distributed pro rata to Settlement Class Members with Approved Claims if practicable, or in a manner as otherwise directed by the Court upon application made by Class Counsel.
Appears in 2 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement
Settlement Payments to Settlement Class Members. (a) a. The Settlement Fund shall be allocated on a pro rata basis to each Settlement Class Member who does not timely request exclusion from the Settlement. Members shall have until of the Claims Deadline Settlement Class will receive a pro rata share of the Settlement Fund, less the Fee Award, a Service Award to submit a Claim Form. The Settlement Administrator shall have sole the Class Representative, and final authority to determine if a Claim Form is an Approved Claim. Administration Expenses.
b. Each Settlement Class Member who submits an Approved Claim does not timely request exclusion from the Settlement shall be entitled receive a Settlement Payment without having to submit a payment of a pro rata share of their respective State-Specific Settlement Fund, after payment of Settlement Administration Expenses, claim form or otherwise “opt in” to the Fee Award, and any incentive award to that Settlement Class’s respective class representative.
(b) c. Within twenty-eight one (2821) calendar days of the Effective Date, or such other date as the Court may set, the Settlement Administrator shall send settlement payments Settlement Payments from the State-Specific Settlement Fund to Settlement Class Members with Approved Claims by electronic deposit or by check via First Class U.S. Mail to the address provided on the Claim Form, as elected by the all Settlement Class Member with an Approved ClaimMembers.
(c) d. Each payment issued to a Settlement Class Member by check Payment will state on the face of the check that it will become null and void unless cashed within one hundred and eighty twenty (180120) calendar days after the date of issuance.
(d) In the event that an electronic deposit to a Settlement Class Member is unable to be processed, the Settlement Administrator shall attempt to contact e. Plaintiff and the Settlement Class Member within twenty-eight (28) days thereafter Members will be solely responsible for all taxes, interest, penalties, or other amounts due with respect to correct the problemany Settlement Payment received.
(e) f. To the extent that a any check issued to an a Settlement Class Member is not cashed within one hundred and eighty twenty (180120) calendar days after the date of issuance or issuance, any amount of the Settlement Fund remaining as a result of uncashed checks shall be subject to a second round of distribution to the Settlement Class Members who timely cashed their checks, if administratively feasible. Otherwise, such funds shall be distributed as cy pres to the Illinois Equal Justice Foundation as an electronic deposit “eligible organization” as the term is unable defined in 735 ILCS 5/2-807(a), subject to be processed Court approval.
g. Settlement Class Members may request replacement checks within the one hundred and eighty twenty (180120) calendar day period after initial issuance, but such checks will not extend the one hundred and twenty (120) calendar day check cashing period from the date checks were originally issued.
h. Within seventy-five (75) days of the first attemptdate of issuance of the settlement checks, such funds the Settlement Administrator shall revert to the respective State-Specific Settlement Fund to be distributed pro rata to provide Class Counsel and Defendants’ Counsel a list of all Settlement Class Members with Approved Claims if practicablewho have not cashed or negotiated their settlement checks within sixty (60) days of issuance. Within ten (10) days thereafter, the Settlement Administrator shall send a reminder postcard to affected Class Members.
i. In no event shall any amount paid revert to Defendants or in PIIC, except for a manner as otherwise directed by the Court upon application made by Class Counsel.circumstance under which this Settlement Agreement is terminated pursuant to Section
Appears in 1 contract
Samples: Class Action Settlement Agreement
Settlement Payments to Settlement Class Members. (a) a. Settlement Class Members shall have until the Claims Deadline to submit a Claim Form. The Settlement Administrator shall have sole and final authority to determine if a Claim Form is an Approved ClaimForms. Each Settlement Class Member who submits an Approved Claim shall be entitled to a payment of a pro rata share of their respective State-Specific Settlement FundPayment.
b. The Settlement Administrator shall have sole and final authority for determining if Settlement Class Members’ Claim Forms are complete, after payment of Settlement Administration Expenses, the Fee Awardtimely, and any incentive award to that Settlement Class’s respective class representativeaccepted as an Approved Claim.
(b) c. Within twenty-eight (28) calendar days of the Effective Date, or such other date as the Court may set, the Settlement Administrator shall send settlement payments Settlement Payments from the State-Specific Settlement Fund to Settlement Class Members with Approved Claims by electronic deposit or by check via First Class U.S. Mail to the account or address provided on the Approved Claim Form, as elected by the Settlement Class Member with an Approved Claim.
(c) d. Each payment issued to a Settlement Class Member by check will state on the face of the check that it will become null and void unless cashed within one hundred and eighty twenty (180120) calendar days after the date of issuance.
(d) e. In the event that an electronic deposit to a Settlement Class Member is unable to be processed, the Settlement Administrator shall attempt to contact the Settlement Class Member within twenty-eight thirty (2830) calendar days thereafter to correct the problem.
(e) f. To the extent that a check issued to an a Settlement Class Member is not cashed within one hundred and eighty twenty (180120) calendar days after the date of issuance issuance, or an electronic deposit is unable to be processed within one hundred and eighty twenty (180120) calendar days of the first attempt, such funds shall revert to the respective State-Specific Settlement Fund to be distributed pro rata as cy pres to a charitable legal aid organization that provides legal services to underserved communities, agreed upon by the Parties and approved by the Court.
g. Settlement Class Members with Approved Claims if practicablemay request replacement checks within the one hundred and twenty (120) calendar day period after initial issuance, or in but such checks will not extend the one hundred and twenty (120) calendar day check cashing period from the date checks were originally issued.
h. In no event shall any amount paid revert to KEYper, except for a manner as otherwise directed circumstance under which this Settlement Agreement is terminated pursuant to Section 7, and the Escrow Account established by the Court upon application made Settlement Administrator contains any portion of the Settlement Fund paid by Class CounselKEYper. In that circumstance, such funds shall be returned to KEYper, after payment of any outstanding Settlement Administration Expenses.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Settlement Payments to Settlement Class Members. (a) Settlement Class Members shall have until the Claims Deadline to submit a Claim Form. The Settlement Administrator shall have sole and final authority to determine if a Claim Form is an Approved Claim. Each Settlement Class Member who submits an Approved Claim shall be entitled to a payment of a pro rata share of their respective State-Specific Settlement Fund, after payment of Settlement Administration Expenses, the Fee Award, and any incentive award to that Settlement Class’s respective class representative.
(b) a. Within twenty-eight (28) days of the Effective Date, or such other date as the Court may set, the Settlement Administrator shall send settlement payments Settlement Payments from the State-Specific Settlement Fund to Settlement by check or electronic deposit, as elected by the Class Member, along with an accompanying Form 1099 if necessary. No claims procedure will be required.
b. Class Members with Approved Claims will have the option of having their Settlement Payment transmitted to them through PayPal, Venmo, Zelle, or check. Class Members who do not choose a payment method via the Settlement Website by electronic deposit or by seventy (70) days after the Notice Date will be sent a check via First Class U.S. Mail to the address provided on the Claim Formtheir last-known mailing address, as elected updated through the National Change of Address database, if necessary, by the Settlement Class Member with an Approved ClaimAdministrator.
(c) c. Each payment issued to a Settlement Class Member by check will state on the face of the check that it will become null and void unless cashed within one hundred and eighty (180) calendar days after the date of issuance.
(d) d. In the event that an electronic deposit to a Settlement Class Member is unable to be processed, the Settlement Administrator shall attempt to contact the Settlement Class Member within twenty-eight thirty (2830) calendar days thereafter to correct the problem.
(e) e. To the extent that a check issued to an Settlement a Class Member is not cashed within one hundred and eighty (180) days after the date of issuance or an electronic deposit is unable to be processed within one hundred and eighty (180) days of the first attempt, such funds shall first be re-distributed to Class Members who cashed their checks or successfully received their electronic payments, if feasible and in the interests of the Settlement Class. If redistribution is not feasible, or if residual funds remain after redistribution, such funds shall be distributed to Legal Aid Chicago, subject to approval of the Court, or any other or additional cy pres recipient(s) selected by the Court, pursuant to 735 ILCS 5/2-807(b).
f. In no event shall any amount paid by or on behalf of Defendants into the Escrow Account, or any interest earned thereon, revert to the respective State-Specific Settlement Fund to be distributed pro rata to Settlement Class Members with Approved Claims if practicable, Defendants or in a manner as otherwise directed by the Court upon application made by Class Counselany other Released Party.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Settlement Payments to Settlement Class Members. (a) Settlement Class Members shall have until the Claims Deadline to submit a Claim Form. The Settlement Administrator shall have sole and final authority to determine if a Claim Form is an Approved Claim. Each Settlement Class Member who submits an Approved Claim shall be entitled to a payment of a pro rata share of their respective State-Specific Settlement Fund, after payment of Settlement Administration Expenses, the Fee Award, and any incentive award to that Settlement Class’s respective class representative.
(b) a. Within twenty-eight (28) days of the Effective Date, or such other date as the Court may set, the Settlement Administrator shall send settlement payments Settlement Payments from the State-Specific Settlement Fund to Settlement by check or electronic deposit, as elected by the Class Member, along with an accompanying Form 1099 identifying any tax withholdings. No claims procedure will be required.
b. Class Members with Approved Claims by electronic deposit will have the option of having their Settlement Payment transmitted to them through Venmo, Zelle, Paypal, or by check. Class Members who do not choose a payment method via the Settlement Website will be sent a check via First Class U.S. Mail to the address provided on the Claim Formtheir last-known mailing address, as elected updated through the National Change of Address database if necessary by the Settlement Class Member with an Approved ClaimAdministrator.
(c) c. Each payment issued to a Settlement Class Member by check will state on the face of the check that it will become null and void unless cashed within one hundred and eighty (180) calendar days after the date of issuance.
(d) d. In the event that an electronic deposit to a Settlement Class Member is unable to be processed, the Settlement Administrator shall attempt to contact the Settlement Class Member within twenty-eight thirty (2830) calendar days thereafter to correct the problem.
(e) e. To the extent that a check issued to an a Settlement Class Member is not cashed within one hundred and eighty (180) days after the date of issuance or an electronic deposit is unable to be processed within one hundred and eighty (180) days of the first attempt, such funds shall revert to the respective Statewill first be re-Specific Settlement Fund to be distributed pro rata to Settlement Class Members with Approved Claims who cashed their checks or successfully received their electronic payments, if practicablefeasible and in the interests of the Settlement Class. If redistribution is not feasible, such funds shall be distributed to Chicago Legal Aid, or in a manner as otherwise directed any other cy pres recipient selected by the Court upon application made Court, pursuant to 735 ILCS 5/2-807(b), subject to approval of the Court.
f. Except as provided in Paragraph 4.4, in no event shall any amount paid by Class CounselDefendant or its insurer into the Escrow Account revert to Defendant or the Released Parties.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Settlement Payments to Settlement Class Members. (a) Settlement Class Members shall have until the Claims Deadline to submit a Claim Form. The Settlement Administrator shall have sole and final authority to determine if a Claim Form is an Approved Claim. Each Settlement Class Member who submits an Approved Claim shall be entitled to a payment of a pro rata share of their respective State-Specific Settlement Fund, after payment of Settlement Administration Expenses, the Fee Award, and any incentive award to that Settlement Class’s respective class representative.
(b) a. Within twenty-eight (28) days of the Effective Date, or such other date as the Court may set, the Settlement Administrator shall send settlement payments Settlement Payments from the State-Specific Settlement Fund to Settlement by check or electronic deposit, as elected by the Class Member. No claims procedure will be required.
b. Class Members with Approved Claims will have the option of having their Settlement Payment transmitted to them through Venmo, Zelle, Paypal, or check. Class Members who do not choose a payment method via the Settlement Website by electronic deposit or by fifty-six (56) days after the Notice Date will be sent a check via First Class U.S. Mail to the address provided on the Claim Formtheir last-known mailing address, as elected updated through the National Change of Address database if necessary by the Settlement Class Member with an Approved ClaimAdministrator.
(c) c. Each payment issued to a Settlement Class Member by check will state on the face of the check that it will become null and void unless cashed within one hundred and eighty (180) calendar days after the date of issuance.
(d) d. In the event that an electronic deposit to a Settlement Class Member is unable to be processed, the Settlement Administrator shall attempt to contact the Settlement Class Member within twenty-eight thirty (2830) calendar days thereafter to correct the problem.
(e) e. To the extent that a check issued to an a Settlement Class Member is not cashed within one hundred and eighty (180) days after the date of issuance or an electronic deposit is unable to be processed within one hundred and eighty (180) days of the first attempt, such funds shall revert to the respective Statewill first be re-Specific Settlement Fund to be distributed pro rata to Settlement Class Members with Approved Claims who cashed their checks or successfully received their electronic payments, if practicablefeasible and in the interests of the Settlement Class. If redistribution is not feasible, or in a manner as otherwise directed if residual funds remain after redistribution, such funds shall be distributed to Land of Lincoln Legal Aid, subject to Court approval, or any other or additional cy pres recipient(s) selected by the Court upon application made Court, pursuant to 735 ILCS 5/2-807.
f. In no event shall any amount paid by Class CounselXxxxxxx into the Escrow Account revert to Xxxxxxx or the Released Parties.
Appears in 1 contract
Samples: Class Action Settlement Agreement
Settlement Payments to Settlement Class Members. (a) a. Settlement Class Members shall have until the Claims Deadline to submit a Claim Form. The Settlement Administrator shall have sole and final authority to determine if a Claim Form is an Approved ClaimForms. Each Settlement Class Member who submits an Approved Claim shall be entitled to a Settlement Payment. The Settlement Administrator shall send such Settlement Payments via First Class U.S. Mail to the address provided on the Approved Claim Form or, if elected by the Settlement Class Member, via an electronic payment of a pro rata share of their respective State-Specific method(s) established by the Settlement Fund, Administrator.
b. Within fourteen (14) days after payment of Settlement Administration Expensesthe Claims Deadline, the Fee Award, Settlement Administrator shall process all Claim Forms submitted by Settlement Class Members and shall determine which claims are valid and initially approved and which claims are initially rejected. The Settlement Administrator may request additional information prior to initially accepting or rejecting any incentive award Claim Form submitted. The Settlement Administrator shall employ reasonable procedures to that Settlement Class’s respective class representativescreen Claim Forms for abuse and/or fraud.
(b) Within c. The Settlement Administrator shall send each Settlement Class Member with an Approved Claim a Settlement Payment by check or electronically within twenty-eight (28) days of the Effective Date, or such other date as the Court may set, the . All Settlement Administrator shall send settlement payments from the State-Specific Settlement Fund to Settlement Class Members with Approved Claims by electronic deposit or by check via First Class U.S. Mail to the address provided on the Claim Form, as elected by the Settlement Class Member with an Approved Claim.
(c) Each payment issued to a Settlement Class Member Payments made by check will state on the face of the check that it the check will expire and become null and void unless cashed within one hundred and eighty ninety (18090) calendar days after the date of issuance.
(d) In the event that an electronic deposit to a Settlement Class Member is unable to be processed, the Settlement Administrator shall attempt to contact the Settlement Class Member within twenty-eight (28) days thereafter to correct the problem.
(e) d. To the extent that a check issued to an Settlement Class Member Members is not cashed within one hundred and eighty ninety (18090) days after the date of issuance or issuance, the check will be void. Uncashed checks will be distributed to an electronic deposit appropriate cy pres recipient selected by the Parties and approved by the State Court under 735 ILCS 5/2-807(b).
e. Settlement Class Members may request replacement checks within the ninety (90) day period after initial issuance, but such checks will not extend the ninety (90) day check cashing period from the date checks were originally issued.
f. In no event shall any amount paid by Defendant revert to Defendant, with the exception of a circumstance under which the Agreement is unable terminated pursuant to be processed within one hundred and eighty (180) days Section 7 of the first attemptAgreement, and the Escrow Account established by the Settlement Administrator contains any portion of the Settlement Fund paid by Defendant. In that circumstance, such funds shall revert be returned to the respective State-Specific Defendant, after payment of any outstanding Settlement Fund to be distributed pro rata to Settlement Class Members with Approved Claims if practicable, or in a manner as otherwise directed by the Court upon application made by Class CounselAdministration Expenses.
Appears in 1 contract
Samples: Settlement Agreement