The Settlement Amount Sample Clauses
The Settlement Amount. (a) In consideration of all the promises and agreements set forth in this Agreement, Defendant will cause the Settlement Amount to be paid. No other Released Party shall have any obligation to contribute financially to this Settlement.
(b) Defendant shall cause the Settlement Amount to be deposited into the Escrow Account within thirty (30) calendar days after entry of the Preliminary Approval Order. The Settlement Amount together with any interest and investment earnings thereon, shall constitute the “Settlement Fund.”
(c) The Settlement Amount shall be used solely for the purposes set forth in Section 4.1(j) below.
(d) Subject to Court approval and oversight, the Escrow Account will be controlled by the Settlement Administrator. Neither Defendant nor Plaintiff shall have any liability whatsoever for the acts or omissions of the Settlement Administrator appointed by the Court. The Settlement Administrator shall not disburse the Settlement Fund or any portion thereof except as provided for in this Agreement, by an Order of the Court, or with prior written agreement of Class Counsel and Defendant’s Counsel.
(e) The Settlement Administrator is authorized to execute transactions on behalf of the Settlement Class Members that are consistent with the terms of this Agreement and with Orders of the Court.
(f) All funds held in the Escrow Account shall be deemed to be in the custody of the Court and shall remain subject to the jurisdiction of the Court until the funds are distributed in accordance with this Agreement.
(g) The Settlement Administrator shall, to the extent practicable, invest the Settlement Amount in discrete and identifiable instruments backed by the full faith and credit of the United States Government or fully insured by the United States Government or an agency thereof and shall reinvest the proceeds of these instruments as they mature in similar instruments at their then current market rates. The Settlement Administrator and Settlement Class Members shall bear all risks related to investment of the Settlement Amount.
(h) The Escrow Account is intended to be a “Qualified Settlement Fund” within the meaning of Treasury Regulation § 1.468B-1. The Settlement Administrator, as administrator of the Qualified Settlement Fund within the meaning of Treasury Regulation § 1.468B-2(k)(3), shall be solely responsible for filing tax returns for the Escrow Account and paying from the Escrow Account any Taxes owed with respect to the Escrow Account. Defendant ...
The Settlement Amount. (as defined in Clause 4.1.1) will be funded by Ageas and by the proceeds from certain insurance policies for the benefit of its (former) directors and officers. The Settlement Amount less such insurance proceeds will be paid by Ageas in order to settle all claims and to be released of any potential liability towards Eligible Shareholders in connection with the Events (if any).
The Settlement Amount. 24 a) In consideration of all of the promises and agreements set forth in this 25 Agreement, Safeway and Aon will each pay, or cause to be paid, the Settlement Amount 26 applicable to it, as specified in Section 1.46. None of the other Defendant Released Parties 27 shall have any obligation to contribute financially to this Settlement. It is understood and 28 agreed by the Parties that, by paying the Settlement Amount, Defendants do not agree with 1 or in any way admit, and shall not be deemed to agree with or in any way admit, any of 2 Plaintiffs’ or Class Counsel’s theories regarding Defendants’ liability in the Actions, 3 including that any of Defendants’ prior or existing actions or practices are in violation of any 4 federal or state laws, statutes, or regulations. Prior to the execution of this Agreement, 5 Plaintiffs will provide a completed W-9 and wire instructions and an address for the 6 institution where the Settlement Amount will be paid.
7 b) Safeway and Aon each shall pay, or cause to be paid, its portion of the 8 Settlement Amount as set forth in section 1.46 in two segments, and the total funding, in the 9 aggregate, together with any interest and investment earnings thereon, shall constitute the 10 “Settlement Fund.” First, Safeway shall pay, or cause to be paid, $200,000 of the Settlement 11 Amount and Aon shall pay, or cause to be paid, $10,000, with those amounts to be deposited 12 by wire transfer into the Escrow Account within fifteen (15) calendar days of the entry of 13 the Preliminary Approval Order to fund any Administration Costs and Independent 14 Fiduciary Fees and Costs that arise before the Court’s entry of the Final Approval Order and
The Settlement Amount. 2.1 Lexmark shall cause its insurers, on behalf of all Defendants, to pay the Settlement Amount of $12,000,000.00 by wire transfer or check sent by overnight mail in accordance with instructions to be provided by the Clerk of the Court within twenty-one (21) calendar days of the entry of an order granting preliminary settlement approval. The Settlement Amount shall be paid by means of check(s) or money order(s) made out to the Clerk of the Court, with a cover letter identifying Lexmark International, Inc. as a Defendant in this Litigation, setting forth the title and civil action number of this Litigation, and the name of the Court, and specifying that payment is made pursuant to the order preliminarily approving the Settlement. The Clerk of the Court shall deposit the funds into an interest bearing account with the XXXX. These funds, together with any interest and income earned thereon shall constitute the Settlement Fund. In accordance with 28 U.S.C. § 1914 and the guidelines set by the Director of the Administrative Office of the United States Courts, the Clerk of the Court is directed, without further order of this Court, to deduct from the income earned on the money in the Settlement Fund a fee equal to ten percent of the income earned on the money in the Settlement Fund. Such fee shall not exceed that authorized by the Judicial Conference of the United States. The Clerk of the Court shall provide to Lead Counsel the monthly statement of interest earned by the Settlement Fund. The Settlement Fund shall be held by the XXXX until further order of the Court, except that prior to the time the Court enters the Judgment, $250,000 may be drawn upon the XXXX account to pay Notice and Administration Expenses. If the entire Settlement Amount is not timely paid to the Clerk of the Court, Lead Counsel may terminate the Settlement but only if: (i) Lead Counsel has notified Defendants’ Counsel in writing of Lead Counsel’s intention to terminate the Settlement; and (ii) the entire Settlement Amount has not been transferred to the Clerk of the Court within ten (10) calendar days after Lead Counsel provides such written notice.
2.2 The obligations incurred pursuant to this Stipulation shall be in full and final disposition and settlement of all Released Claims. The Settlement Amount paid by Lexmark’s insurers on behalf of the Defendants is the sole monetary responsibility under this Stipulation, and Class Members who do not timely seek to exclude themselves from the C...
The Settlement Amount. 2.1 In consideration of the Released Claims and other consideration granted to them in the Settlement, Settling Defendants Xxxx, Xxxxxxx, and Xxxxx shall cause their insurers to pay the Settlement Amount into the Escrow Account no later than seventeen
The Settlement Amount. In consideration for the covenants and promises contained herein, Releasors shall receive as full and final settlement the total sum of One Hundred Million U.S. Dollars ($100,000,000.00) (the “Settlement Amount”). In no event shall Releasees be liable for, or pay, pursuant to this Agreement or otherwise, any amount greater than the Settlement Amount. For purposes of further clarification, the Settlement Amount is the gross amount to be received by Releasors and from this amount Releasors are responsible to pay, among other things, all their attorneys’ fees and expenses, their share of any mediator fee, any court costs and Guardian Ad Litem fees, any liens, any subrogated claims relating to the Lawsuit allegations, all fees of the Qualified Settlement Fund Administrator and operation of the Qualified Settlement Fund and taxes owed by the Qualified Settlement Fund, any fees incurred to establish a structured settlement or any other manner in which payments will be disbursed to Releasors.
The Settlement Amount. 27. Releasors’ sole recourse for settlement and satisfaction against the Releasees of all Released Claims is against the Settlement Amount, and Releasors shall have no other recovery against LEONI or any other Releasee.
28. After this Agreement becomes final within the meaning of Paragraph 19, the Settlement Amount shall be distributed in accordance with a plan to be submitted to the Court by Settlement Class Counsel, subject to approval by the Court. In no event shall any Releasee have any responsibility, financial obligation, or liability whatsoever with respect to the investment, distribution, or administration of the Settlement Amount, including, but not limited to, the costs and expenses of such distribution and administration except as expressly otherwise provided in Paragraph 26 of this Agreement.
29. End-Payor Plaintiffs and Settlement Class Counsel shall be reimbursed and indemnified solely out of the Settlement Amount for all expenses and costs, as provided by Court Order. Except as otherwise provided in this Agreement, LEONI and the other Releasees shall not be liable for any costs, fees, or expenses of any of End-Payor Plaintiffs’ or the Settlement Class’ respective attorneys, experts, advisors, agents, or representatives, but all such costs, fees, and expenses as approved by the Court shall be paid out of the Settlement Amount.
30. Settlement Class Counsel’s Attorneys’ Fees, Reimbursement of Expenses, and Incentive Awards for Class Representatives.
(a) Settlement Class Counsel may submit an application or applications to the Court (the “Fee and Expense Application”) for: (i) an award of attorneys’ fees not in excess of one-third of the Settlement Amount; plus (ii) reimbursement of expenses and costs incurred in connection with prosecuting the Action and incentive awards, plus interest on such attorneys’ fees, costs and expenses at the same rate and for the same period as earned by the Settlement Amount (until paid) as may be awarded by the Court (the “Fee and Expense Award”). Settlement Class Counsel reserve the right to make additional applications for Court approval of fees and expenses incurred and reasonable incentive awards, but in no event shall LEONI or any other Releasees be responsible to pay any such additional fees and expenses except to the extent they are paid out of the Settlement Amount.
(b) Subject to Court approval, End-Payor Plaintiffs and Settlement Class Counsel shall be reimbursed and paid solely out of the Settlement Amou...
The Settlement Amount. (i) The “Base Settlement Amount” is twenty-one million dollars in United States currency ($US 21,000,000.00).
(ii) Subject to the limitation set forth in Subparagraph 5.1(iii), below, in the event that more than two thousand four hundred (2,400) Dow Corning Breast Implant Users who filed Proofs of Claim register to participate in the Voluntary Australian Subclass, “Participation-Based Settlement Premiums” shall be calculated in the amount of thirty-five thousand five hundred dollars in U.S. currency ($US 35,500.00) for every five (5) additional Dow Corning Breast Implant Users who filed Proofs of Claim who register to join the Voluntary Australian Subclass. Taken together, the Base Settlement Amount and the Participation-Based Settlement Premiums are referred to herein as the “Total Settlement Amount.”
(iii) Regardless of, inter alia, the number of persons who register to participate in the Voluntary Australian Subclass, in no event shall Dow Corning or the Dow Corning Settlement Facility make or be called upon to make any additional payment above and beyond a “Maximum Settlement Amount” of thirty-six million dollars in United States currency ($US 36,000,000.00). Regardless of, inter alia, whether the Total Settlement Amount to be paid is less than the Maximum Settlement Amount, in no event shall Dow Corning, the Released Parties or the Dow Corning Settlement Facility make or be called upon to make any additional payment above and beyond the Total Settlement Amount.
(iv) The Total Settlement Amount constitutes the entire principal to be allocated to members of the Voluntary Australian Subclass under this Settlement Option for the payment of claims to members of the Voluntary Australian Subclass and valid claims against such members of the Voluntary Australian Subclass by HIC and is inclusive of any and all Taxes and legal or administrative fees, costs and disbursements. The Total Settlement Amount will be paid as provided in Paragraph 5.2, below, by Dow Corning Corporation or by the Dow Corning Settlement Facility to the Dow Corning/Australia Settlement Trust on trust for the members of the Voluntary Australian Subclass. In no event shall the schedule of the payments of the Total Settlement Amount by Dow Corning Corporation or by the Dow Corning Settlement Facility be accelerated.
The Settlement Amount. (a) In consideration of all of the promises and agreements set forth in this Agreement,
The Settlement Amount. Ecosphere shall pay immediately the amount of one hundred and fifty seven thousand seven hundred and fifty dollars ($157,750.00) to Xxxxx & Boswell, P.A., attorneys for Xxxxxxx, by transfer of funds to the IOTA account of Xxxxx & Boswell. The IRS tax identification number for Xxxxx & Boswell, P.A. is 00-0000000.