The Settlement Fund and Distribution. (a) Within ten (10) days after the entry of the Final Approval Order, Defendant shall transfer the Settlement Fund to the Claims Administrator, less amounts advanced to the Claims Administrator (Section 5(g), above). The Settlement Fund shall be the total amount Defendant is obligated to pay to settle and resolve the Action and includes (w) Class Counsel’s fees and costs; (x) any service award payments to the Named Plaintiff; (y) costs associated with administering the Notice in accordance with Section 5, above; and (z) any fees paid to the Claims Administrator for services rendered in connection with the administration process. Defendant shall not make any additional or further contributions to the Settlement Fund, even if the total amount of all overcharges exceeds the value of the Net Settlement Fund. In the event a Final Approval Order is not issued, or this Agreement is terminated by either party for any reason, including pursuant to Section 17, below, the portion of the Settlement Fund paid to the Claims Administrator (including accrued interest, if any) less expenses actually incurred by the Claims Administrator, shall be refunded within two (2) business days to Defendant.
(b) All funds held by the Claims Administrator shall be deemed and considered to be in custodia legis of the Court, and shall remain subject to the jurisdiction of the Court, until distributed pursuant to this Agreement.
(c) All funds held by the Claims Administrator at any time shall be deemed to be a Qualified Settlement Fund (“QSF”) as described in Treasury Regulation §1.468B-1, 26
The Settlement Fund and Distribution. (a) All funds held by the Settlement Administrator shall be deemed and considered to be in custodia legis of the Court and shall remain subject to the jurisdiction of the Court until distributed pursuant to this Agreement.
(b) All funds held by the Settlement Administrator at any time shall be deemed to be a Qualified Settlement Fund as described in Treasury Regulation §1.468B-1, 26 C.F.R. §1.468B-1.
(c) Payments shall be made from the Settlement Fund as follows:
The Settlement Fund and Distribution
