To Class Members Clause Samples

The "To Class Members" clause defines the rights, obligations, or communications that are specifically directed toward individuals who are part of a designated class in a class action or similar group proceeding. This clause typically outlines how notices, settlements, or benefits are distributed to class members, and may specify the procedures for opting in or out, or for making claims. Its core practical function is to ensure that all affected individuals within the class are properly informed and treated consistently, thereby promoting fairness and legal compliance in group litigation or settlement contexts.
To Class Members. The Settlement Administrator will pay Participating Class Members according to the Individual Settlement Share calculations set forth above. All payments to Participating Class Members shall be made from the Qualified Settlement Fund.
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To Class Members. The Settlement Administrator will pay Participating Class 27 Members according to the Settlement Share calculations set forth above. All payments to Participating 28 Class Members shall be made from the NSA. In the event that a Settlement Share check sent to a 1 Participating Class Member is not cashed within the 120-day expiration period, that Participating Class 2 Member’s Settlement Share shall be disbursed by the Settlement Administrator to the Bay Area Legal
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To Class Members. The Settlement Administrator will pay each Class Member their portion of the twenty-five percent (25%) of the PAGA Payment ($25,000) from the Gross Settlement Amount, regardless of whether the Class Members requests exclusion. a. 25% of the PAGA Payment Calculation. The portion of the PAGA Payment allocated to Class Members is calculated based on their Weeks Worked during the Class Period using the following formula: (i) the number of Weeks Worked by the Class Member as an hourly-paid or non-exempt employee during the Class Period, divided by (ii) the total number of Weeks Worked by all Class Members collectively during the Class Period, which is then multiplied by twenty-five percent (25%) of the PAGA Payment ($25,000) allocated to Class Members. The Settlement Administrator will use the Class Data to calculate the number of Weeks Worked by each Class Member based on their dates of employment for purposes of this calculation. b. Tax Treatment for Twenty-Five Percent (25%) of the PAGA Payment. Each Class Member’s share of the PAGA Payment will be apportioned as one hundred percent (100%) penalties and shall be subject to all authorized and required withholdings other than the tax withholdings customarily made from employees’ wages and shall be reported by IRS 1099 forms. Class Members will be responsible for the payment of any taxes and penalties assessed on their portion of the PAGA Payment and will be solely responsible for any penalties or other obligations resulting from their personal tax reporting of their portion of the PAGA Payment.
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To Class Members. Individual Plaintiffs recognize the expense and length of continued proceedings necessary to continue the Litigation against AnnTaylor through trial and through any possible appeals. The Individual Plaintiffs have also taken into account the uncertainty and risk of the outcome of further litigation, and the difficulties and delays inherent in such litigation, including those involved in class certification. The Individual Plaintiffs are also aware of the burdens of proof necessary to establish liability for the claims asserted in the Actions, AnnTaylor’s defenses thereto, and the difficulties in establishing damages for the Plaintiffs. Individual Plaintiffs have also considered the significant settlement negotiations conducted by the Parties. While the Individual Plaintiffs have claimed and continue to claim that the Released Claims have merit and give rise to liability on the part of AnnTaylor, based on the foregoing, the Individual Plaintiffs have determined that the Settlement set forth in this Stipulation is fair, adequate and reasonable, and is in the best interests of Plaintiffs and the Class as a whole.
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To Class Members. The Settlement Administrator will pay Participating Class Members according to the Individual Settlement Share calculations set forth above. All payments to Participating Class Members shall be made from the NSA.
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To Class Members. The Settlement Administrator will pay Participating Class Members according to the Individual Settlement Share calculations set forth above. All payments to Participating Class Members shall be made from the NSA. In the event that a Settlement Share check sent to a Participating Class Member is not cashed within the 120 day expiration period, that Participating Class Member’s Settlement Share shall be deposited by the Settlement Administrator into the State of California, California Department of Industrial Relations Unpaid Wage Fund, with the identity of the Participating Class Member to whom the funds belong.
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Related to To Class Members

  • Notice to Class Members 7.4.1 No later than three (3) business days after receipt of the Class Data, the Administrator shall notify Class Counsel that the list has been received and state the number of Class Members, PAGA Members, Workweeks, and Pay Periods in the Class Data. 7.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 days after receiving the Class Data, the Administrator will send to all Class Members identified in the Class Data, via first-class United States Postal Service (“USPS”) mail, the Class Notice with Spanish translation, if applicable substantially in the form attached to this Agreement as Exhibit A. The first page of the Class Notice shall prominently estimate the dollar amounts of any Individual Class Payment and/or Individual PAGA Payment payable to the Class Member, and the number of Workweeks and PAGA Pay Periods (if applicable) used to calculate these amounts. Before mailing Class Notices, the Administrator shall update Class Member addresses using the National Change of Address database. 7.4.3 Not later than 3 business days after the Administrator’s receipt of any Class Notice returned by the USPS as undelivered, the Administrator shall re-mail the Class Notice using any forwarding address provided by the USPS. If the USPS does not provide a forwarding address, the Administrator shall conduct a Class Member Address Search, and re-mail the Class Notice to the most current address obtained. The Administrator has no obligation to make further attempts to locate or send Class Notice to Class Members whose Class Notice is returned by the USPS a second time. 7.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests for Exclusion will be extended an additional 14 days beyond the 60 days otherwise provided in the Class Notice for all Class Members whose notice is re-mailed. The Administrator will inform the Class Member of the extended deadline with the re-mailed Class Notice. 7.4.5 If the Administrator, Defendant or Class Counsel is contacted by or otherwise discovers any persons who believe they should have been included in the Class Data and should have received Class Notice, the Parties will expeditiously meet and confer in person or by telephone, and in good faith in an effort to agree on whether to include them as Class Members. If the Parties agree, such persons will be Class Members entitled to the same rights as other Class Members, and the Administrator will send, via email or overnight delivery, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.

  • To Class Counsel A Class Counsel Fees Payment of not more than %, which is currently estimated to be $ , and a Class Counsel Litigation Expenses Payment of not more than $ . XYZ will not oppose requests for these payments provided that do not exceed these amounts. Plaintiff and/or Class Counsel will file a motion for Class Counsel Fees Payment and Class Litigation Expenses Payment no later than [16 court] days prior to the Final Approval Hearing. If the Court approves a Class Counsel Fees Payment and/or a Class Counsel Litigation Expenses Payment less than the amounts requested, the Administrator will allocate the remainder to the Net Settlement Amount. Released Parties shall have no liability to Class Counsel or any other Plaintiff’s Counsel arising from any claim to any portion any Class Counsel Fee Payment and/or Class Counsel Litigation Expenses Payment. The Administrator will pay the Class Counsel Fees Payment and Class Counsel Expenses Payment using one or more IRS 1099 Forms. Class Counsel assumes full responsibility and liability for taxes owed on the Class Counsel Fees Payment and the Class Counsel Litigation Expenses Payment and holds XYZ harmless, and indemnifies XYZ, from any dispute or controversy regarding any division or sharing of any of these Payments.

  • To Each Participating Class Member An Individual Class Payment calculated by (a) dividing the Net Settlement Amount by the total number of Workweeks worked by all Participating Class Members during the Class Period and (b) multiplying the result by each Participating Class Member’s Workweeks.

  • Settlement Class In the event of such dispute, the party raising the dispute shall be limited to seeking declaratory relief, and to no other form of relief. The declaratory relief available as to any such dispute shall be limited to deciding whether (y) the putative buying group is a properly organized bona fide buying group that complies with the requirements of this Paragraph, and/or (z) whether Visa negotiated in good faith with the putative buying group. The parties, including all members of the Rule 23(b)(2) Settlement Class, waive all rights to appeal from any such determinations. Upon resolution of the dispute by the Court, the losing party shall be responsible for all attorneys’ fees and expenses of the prevailing party unless the Court determines that the circumstances make such an award unjust.

  • Settlement Class Certification The Settling Parties agree, for purposes of this settlement only, to the certification of the Settlement Class. If the settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement, and the certification of the Settlement Class provided for herein, will be vacated and the Litigation shall proceed as though the Settlement Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Settlement Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case or action, as to which all of their rights are specifically preserved.