Summary of Settlement Terms Sample Clauses

Summary of Settlement Terms. What Are the Terms of the Settlement? The Settlement requires Xxxxxx Xxxxxxx to establish a Settlement Fund and for its Global Wealth Management Group (“MS-GWMG”) to implement changes to its policies and practices. The programmatic portions of the Settlement will last for five years. Following final approval of the Settlement, Xxxxxx Xxxxxxx will deposit sixteen million dollars ($16,000,000) plus interest earned from the date of preliminary approval at the rate of 5% per annum into a Settlement Fund. The Settlement Fund will be deposited into an interest bearing account. The Settlement Fund is expected to accrue approximately $400,000 in the approximately 6-9 months before the fund is distributed to the Class. A portion of the Settlement Fund will be used to reimburse costs and expenses of the litigation, pay Class Counsel’s fees as awarded by the Court, and pay for the administration of the settlement process. The remainder of the Settlement Fund will be distributed to the eligible Named Plaintiff and Class Members who submit a Claim Form to compensate them for the asserted claims. Xxxxxx Xxxxxxx is entitled to receive a credit for each Class Member who opts out of the Settlement. The credit shall be calculated on a pro rata share basis in relation to the total number of Class Members. Xxxxxx Xxxxxxx has agreed to implement various revisions to its policies and practices. These revisions are intended to further enhance opportunities for employment, earnings and advancement of African American and Latino Financial Advisors and Registered Financial Advisor Trainees, and to provide a workplace that promotes fairness for all employees. The parties anticipate that Xxxxxx Xxxxxxx will spend approximately $7,500,000 on diversity efforts during the period of this Settlement Agreement, including programs for training, re- education, and other development programs for African American and Latino Financial Advisors and Registered Financial Advisor Trainees It is expected that these programs will benefit African Americans and Latinos and increase their earnings potential at Xxxxxx Xxxxxxx. These benefits are in addition to the sixteen million dollars ($16,000,000) in the Settlement Fund. Under the Settlement, Xxxxxx Xxxxxxx will make the following revisions to its policies and practices, or perform the following tasks, during the five-year term of the Settlement Agreement:
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Summary of Settlement Terms. The terms of the Settlement are summarized in the proposed Long Form Notice to Class Members, which is attached as Exhibit B1 to the Settlement Agreement. Under the proposed settlement, Class members who purchased a Shutterfly General Spend Groupon that was never redeemed are entitled to a Shipping Code for free shipping on a future purchase on the Shutterfly Website and a Promotional Code worth 110% of the original Promotional Value of the Shutterfly 10 General Spend Groupon purchased. Class members who redeemed a Shutterfly General Spend Groupon are entitled to a Shipping Code for free shipping on a future purchase on the Shutterfly Website and a Promotional Code worth 20% of the original Promotional Value of the Shutterfly General Spend Groupon or at their option, a Cash Refund equal to 10% of the Promotional Value of the Groupon, plus 50% of the amount the Class Member paid Shutterfly for shipping in 15 connection with the order in which the Groupon was redeemed. Cash Refunds are available only to Class members who file claims according to the instructions in the Long Form Notice, but the Shipping Code and Promotional Codes will be distributed to Class Members automatically without the need for a claim. As part of the Settlement, Class Counsel may apply to this Court for an award of attorneys’ fees and expenses of up to $350,000, as well as up to $5,000 as an Incentive Award to Plaintiff. Such amounts are not payable until eapproved by the Court, and the Court will defer any ruling on the appropriateness of such awards until the Final Approval Hearing.
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Summary of Settlement Terms. 2 Under the Settlement Agreement, Defendant is stipulating to add the following disclosures to the terms and conditions of any Shutterfly General Spend Groupons offered for sale ninety (90) days after the Effective Date (unless such fact is untrue for the particular Shutterfly General Spend Groupon being offered): (i) “By purchasing this offer you will obtain a promotional code for use at the Shutterfly website.” (ii) “When you redeem the Groupon at Shutterfly, you cannot use any other Shutterfly promotional code on the same order to obtain additional discounts. Instead, you must pay the undiscounted price.” And (iii) “When you redeem the Groupon at Shutterfly, you [also] cannot use any Shutterfly free shipping code on the same order. Instead, you must pay for shipping.” 11 The terms of the Settlement are summarized in the proposed Long Form Notice to Class Members, which is attached as Exhibit B1 to the Settlement Agreement. Under the proposed settlement, Class members who purchased a Shutterfly General Spend Groupon that was never redeemed are entitled to a Shipping Code for free shipping on a future purchase on the Shutterfly Website and a Promotional Code worth 110% of the original Promotional Value of the Shutterfly 16 General Spend Groupon purchased. Class members who redeemed a Shutterfly General Spend Groupon are entitled to a Shipping Code for free shipping on a future purchase on the Shutterfly Website and a Promotional Code worth 20% of the original Promotional Value of the Shutterfly General Spend Groupon or at their option, a Cash Refund equal to 10% of the Promotional Value of the Groupon, plus 50% of the amount the Class Member paid Shutterfly for shipping in 21 connection with the order in which the Groupon was redeemed. Cash Refunds are available only to Class members who file claims according to the instructions in the Long Form Notice, but the Shipping Code and Promotional Codes will be distributed to Class Members automatically without the need for a claim.
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Summary of Settlement Terms. The terms of the Settlement are summarized in the proposed Long-Form Notice to Settlement Class Members, which is attached as Exhibit B-1 to the Settlement Agreement. Defendants have agreed to create a common fund of $19.75 million, which will be used to pay Cash Payments to Settlement Class Members as follows: (a) Authorized Claimants who purchased Tranche 1 Plans shall receive 75% of the Assistance Fees AGA collected from those Authorized Claimants who purchased those Tranche 1 Plans, as reflected in AGA’s records provided to the Settlement Administrator, subject to potential adjustments; and (b) Authorized Claimants who purchased Tranche 2 Plans shall receive 40% of the Assistance Fees AGA collected from those Authorized Claimants who purchased those Tranche 2 Plans, as reflected in XXX’s records provided to the Settlement Administrator, subject to potential adjustments. Authorized Claimants shall not receive a Cash Payment for any Qualifying Travel and/or Event Protection Plan for 13 which either (a) the Authorized Claimant already received a complete refund or (b) AGA opened and documented an assistance case. If the total amount of payments for all Authorized Claimants calculated pursuant to the foregoing percentages exceeds the Net Settlement Fund, then the amount to be paid to each Authorized Claimant for each Valid Claim shall be reduced pro rata. On the other hand, if the Net 18 Settlement Fund exceeds the total amount of payments for all Authorized Claimants calculated pursuant to the foregoing percentages, then the amount to be paid to each Authorized Claimant for 20 each Valid Claim shall be increased pro rata, up to the Maximum Potential Payment as follows: (a) Authorized Claimants who purchased Tranche 1 Plans may receive up to, but not more than, 150% of the Assistance Fees AGA collected from those Authorized Claimants who purchased those Tranche 1 Plans, as reflected in XXX’s records provided to the Settlement Administrator; and (b) Authorized Claimants who purchased Tranche 2 Plans may receive up to, but not more than, 80% of the Assistance Xxxx XXX collected from those Authorized Claimants who purchased those Tranche 2 Plans, as reflected in XXX’s records provided to the Settlement Administrator. As part of the Settlement, Class Counsel seeks an award of $4,937,500.00 in attorneys’ 2 fees and an award of costs in the amount of [$188,870.47 plus costs to final approval], as well as 3 $5,000.00 as an Incentive Award to each Plaintiff.
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Summary of Settlement Terms. 10 Plaintiffs and Defendant are collectively referred to herein as “the Parties.” Under the terms 11 of the settlement, Defendant will pay the Gross Settlement Amount of Two Hundred and Eighty 12 Thousand Dollars and No Cents ($280,000.00) in exchange for the full and final settlement and 13 release of any and all Released Claims, as set forth herein, that were made or that could have been 14 made based on the facts and claims alleged in the operative Complaint in the Consolidated Actions 15 and for the full personal release entered into by Plaintiffs individually for any and all known and 16 unknown claims. This is a non-reversionary settlement. The settlement will be administered by 17 Phoenix Class Action Administration Solutions. Defendant conditionally agrees to stipulate, solely 18 for the limited purpose of consummating the terms of the settlement contained in this Agreement, 19 to have the Court certify a class of individuals employed by Xxxxxx in California during the Class 20 Period, as defined below. 21 It is agreed that Plaintiffs and Class Counsel will seek from the Gross Settlement Amount: 22 (1) attorneys’ fees in the amount of Eighty-Eight Thousand, Three Hundred and Thirty-Three 23 Dollars and No Cents ($88,333.00; (2) litigation costs in an amount not to exceed Fifteen Thousand
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Summary of Settlement Terms. The Class/Collective shall be granted a gross settlement amount of $4,111,613.94 (the “Settlement Fund”). Each Class/Collective Member will received his or her portion of the Guaranteed Funds, and his or her portion of the Claimable Funds, if applicable, as discussed below. The Class Representative shall request $10,000 for his service in this matter in his capacity as such (the “Service Payment”). Class Counsel will request attorney fees in the amount of one-quarter (1/4) of the gross Settlement Fund. Any un-awarded attorney fees or Service Payment will be redistributed to the Class. $50,000 of the Settlement Fund has been paid to the Class Administrator to administer this Settlement. The Settlement shall not become effective if the Court does not approve it.
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Summary of Settlement Terms. What Are the Terms of the Settlement? The Settlement requires Walmart to establish a $14 million Settlement Fund. Walmart will pay $14 million dollars ($14,000,000) into a Settlement Fund. Most of the Settlement Fund will pay Class Members. A portion of the Settlement Fund, not to exceed $200,000, will be used to pay the costs of administering the Settlement. A portion of the Settlement Fund will also be used to reimburse Class Counsel for the costs and expenses of the litigation as well as pay attorneys’ fees. This amount will not exceed one-third of the Settlement Fund plus costs. Class Counsel will submit a request for payment of their fees and costs to the Court by
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Related to Summary of Settlement Terms

  • Settlement Terms In respect of any Component:

  • TERMS OF SETTLEMENT The Respondent agrees to the following terms of settlement:

  • ADDITIONAL TERMS OF SETTLEMENT 24. This settlement is agreed upon in accordance with section 24.4 of MFDA By-law No. 1 and Rules 14 and 15 of the MFDA Rules of Procedure. 25. The Settlement Agreement is subject to acceptance by the Hearing Panel which shall be sought at a hearing (the “Settlement Hearing”). At, or following the conclusion of, the Settlement Hearing, the Hearing Panel may either accept or reject the Settlement Agreement. MFDA Settlement Hearings are typically held in the absence of the public pursuant to section 20.5 of MFDA By-law No. 1 and Rule 15.2(2) of the MFDA Rules of Procedure. If the Hearing Panel accepts the Settlement Agreement, then the proceeding will become open to the public and a copy of the decision of the Hearing Panel and the Settlement Agreement will be made available at xxx.xxxx.xx. 26. The Settlement Agreement shall become effective and binding upon the Respondent and Staff as of the date of its acceptance by the Hearing Panel. Unless otherwise stated, any monetary penalties and costs imposed upon the Respondent are payable immediately, and any suspensions, revocations, prohibitions, conditions or other terms of the Settlement Agreement shall commence, upon the effective date of the Settlement Agreement. 27. Staff and the Respondent agree that if this Settlement Agreement is accepted by the Hearing Panel: a) the Settlement Agreement will constitute the entirety of the evidence to be submitted respecting the Respondent in this matter; b) the Respondent waives any rights to a full hearing, a review hearing before the Board of Directors of the MFDA or any securities commission with jurisdiction in the matter under its enabling legislation, or a judicial review or appeal of the matter before any court of competent jurisdiction; c) Staff will not initiate any proceeding under the By-laws of the MFDA against the Respondent in respect of the contraventions described in this Settlement Agreement. Nothing in this Settlement Agreement precludes Staff from investigating or initiating proceedings in respect of any contraventions that are not set out in this Settlement Agreement. Furthermore, nothing in this Settlement Agreement shall relieve the Respondent from fulfilling any continuing regulatory obligations; d) the Respondent shall be deemed to have been penalized by the Hearing Panel pursuant to

  • Time of Settlement RSUs shall be settled promptly upon expiration of the Restricted Period without forfeiture of the RSUs (i.e., upon vesting), but in any event within 60 days after expiration of the Restricted Period, by delivery of one share of Common Stock for each RSU being settled, or, at the discretion of the Company, the cash equivalent thereof; provided, however, that settlement of an RSU shall be subject to Plan Section 11(k), including if applicable the six-month delay rule in Plan Sections 11(k)(i)(C)(2) and 11(k)(i)(G); provided further, that no dividend or dividend equivalents will be paid, accrued or accumulated in respect of the period during which settlement was delayed. (Note: This rule may apply to any portion of the RSUs that vest after the time you become Retirement eligible under the Plan, and could apply in other cases as well). Settlement of RSUs which directly or indirectly result from adjustments to RSUs shall occur at the time of settlement of, and subject to the restrictions and conditions that apply to, the granted RSUs. Settlement of cash amounts which directly or indirectly result from adjustments to RSUs shall be included as part of your regular payroll payment as soon as administratively practicable after the settlement date for the underlying RSUs, and subject to the restrictions and conditions that apply to, the granted RSUs. Until shares are delivered to you in settlement of RSUs, you shall have none of the rights of a stockholder of the Company with respect to the shares issuable in settlement of the RSUs, including the right to vote the shares and receive actual dividends and other distributions on the underlying shares of Common Stock. Shares of stock issuable in settlement of RSUs shall be delivered to you upon settlement in certificated form or in such other manner as the Company may reasonably determine. At that time, you will have all of the rights of a stockholder of the Company.

  • Form of Settlement Notwithstanding any discretion contained in the Plan or anything to the contrary in the Agreement, the RSUs are payable in Shares only.

  • PAYMENT AND SETTLEMENT You shall deliver to the Manager on the date and at the place and time specified in the applicable AAU (or on such later date and at such place and time as may be specified by the Manager in a subsequent Wire) the funds specified in the applicable AAU, payable to the order of Xxxxxxx Xxxxx Xxxxxx Inc., for (i) an amount equal to the Offering Price plus (if not included in the Offering Price) accrued interest, amortization of original issue discount or dividends, if any, specified in the Prospectus or Offering Circular, less the applicable Selling Concession in respect of the Firm Securities to be purchased by you, (ii) an amount equal to the Offering Price plus (if not included in the Offering Price) accrued interest, amortization of original issue discount or dividends, if any, specified in the Prospectus or Offering Circular, less the applicable Selling Concession in respect of such of the Firm Securities to be purchased by you as shall have been retained by or released to you for direct sale as contemplated by Section 3.6 hereof or (iii) the amount set forth or indicated in the applicable AAU, as the Manager shall advise. You shall make similar payment as the Manager may direct for Additional Securities, if any, to be purchased by you on the date specified by the Manager for such payment. The Manager will make payment to the Issuer or Seller against delivery to the Manager for your account of the Securities to be purchased by you, and the Manager will deliver to you the Securities paid for by you which shall have been retained by or released to you for direct sale. If the Manager determines that transactions in the Securities are to be settled through the facilities of DTC or other clearinghouse facility, payment for and delivery of Securities purchased by you shall be made through such facilities, if you are a member, or, if you are not a member, settlement shall be made through your ordinary correspondent who is a member.

  • Date of Settlement The receipt by the Company of immediately available funds in payment for a Book-Entry Security and the authentication and issuance of the Global Security representing such Book-Entry Security shall constitute "settlement" with respect to such Book-Entry Security. All orders of Book-Entry Securities solicited by a Selling Agent or made by a Purchasing Agent and accepted by the Company on a particular date (the "Trade Date") will be settled on a date (the "Settlement Date") which is the third Business Day after the Trade Date pursuant to the "Settlement Procedure Timetable" set forth below, unless the Company and the purchaser agree to settlement on another Business Day which shall be no earlier than the next Business Day after the Trade Date.

  • The Settlement Following mediation with a neutral party, a Settlement has been reached. As part of the Settlement, a Qualified Settlement Fund of $39,500,000 will be established to resolve the Class Action. The Net Settlement Amount is $39,500,000 minus any Administrative Expenses (including taxes and tax expenses), Court-approved Attorneys’ Fees and Costs, and Class Representative Compensation. The Net Settlement Amount will be allocated to Class Members according to a Plan of Allocation to be approved by the Court.

  • Modification of Settlement Agreement Any modification to this Settlement Agreement shall be in writing and signed by the Parties.

  • Certain Settlement Provisions The Corporation shall have no obligation to indemnify Indemnitee under this Agreement for amounts paid in settlement of any action, suit or proceeding without the Corporation’s prior written consent, which shall not be unreasonably withheld. The Corporation shall not settle any action, suit or proceeding in any manner that would impose any fine or other obligation on Indemnitee without Indemnitee’s prior written consent, which shall not be unreasonably withheld.

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