Total Settlement Amount. In full satisfaction of all potential civil penalties, attorneys’ fees, costs, and other expenses incurred by CRA and its counsel in connection with the Notice and Covered Product, and in exchange for CRA’s release of all liability in connection with the Covered Product, SUFOO shall pay a total of $24,000 (Total Settlement Amount) as set forth in this Section. No other payment is required by SUFOO under this Settlement Agreement.
Total Settlement Amount. 6.1 The “Total Settlement Amount,” in full and complete satisfaction of all Released Claims, shall be up to $175,000,000.00 in monetary and non-monetary relief, comprised of a cash payment of up to $152,500,000.00 (the “Settlement Fund”) and programmatic non-monetary relief, described in Section VII, valued at $22,500,000.00.
6.2 Subject to Court approval, the Settlement Fund will be provided to the Claims Administrator to be distributed as described in Sections VIII, IX and X of this Agreement.
Total Settlement Amount. In full satisfaction of all consideration, potential civil penalties, attorneys’ fees, and costs in connection with the Notice and Products, and in exchange for CRA’s release of all liability in connection with the Products (including as set forth in the Notices) as set forth in Sections 4.1 and 4.3 below, PGF shall make a total settlement payment of Fifty Thousand Dollars ($50,000.00) (“Total Settlement Amount”). The Total Settlement Amount shall be apportioned into a Civil Penalty, Attorney’s Fees and Costs, an Additional Settlement Payment, and a Cost Reimbursement as required by CRA and set forth in Sections 3.2, 3.3, 3.4, and 3.5 below. No other payments are required by PGF under this Agreement.
Total Settlement Amount. In full satisfaction of all potential civil penalties, attorneys’ fees, costs, and other expenses incurred by CRA and its counsel in connection with the Notice and Covered Product, and in exchange for CRA’s release of all liability in connection with the Covered Product, MYRTLE shall pay a total of $15,000 (Total Settlement Amount) as set forth in this Section. No other payment is required by MYRTLE under this Settlement Agreement.
Total Settlement Amount. (A) Defendants agree to pay, at the time or times prescribed by Section 5(D) of this Agreement, a maximum of $15,000,000.00 (“Settlement Amount”), which shall cover, resolve, and fully satisfy any and all amounts due under this Agreement, including: (1) Settlement Payments (as defined in Section 3.4) to be paid to Qualified Class Members; (2) attorneys’ fees and costs approved by the Court; (3) court-approved service payments to certain individuals; and (4) the reserve set aside for reasonable costs of settlement administration. Settlement Payments and service payments shall constitute a special award to the FLSA Class, Subclasses, and to the individuals therein receiving a payment and shall not be considered as a payment of overtime, salary, wages, and/or compensation under the terms of any company benefit plan or for any purpose except for tax purposes as described in Section 3.5. Under no circumstances will Defendants be required to pay more than $15,000,000.00, other than interest amounts accruing as described in Section 3.1(B) and amounts due to cover DSG’s share of payroll taxes as described in Section 5(D).
(B) The Settlement Amount shall accrue no interest so long as the Court enters Final Approval on or before June 15, 2011. If the Court has not entered Final Approval on or before June 15, 2011, the Settlement Amount, which shall remain the property of the Defendants until paid at the time or times prescribed by Section 5(D) of this Agreement, shall begin accruing interest as of June 16, 2011 and up until and including the date of the Fairness Hearing, at the rate of 0.40% per annum calculated on the basis of a 360 day year for the actual number of days elapsed. The Settlement Amount, plus any interest accrued on the Settlement Amount, net of any applicable taxes on such interest, is the “Total Settlement Amount”.
Total Settlement Amount. In full satisfaction of all potential civil penalties, attorneys’ fees, costs, and other expenses incurred by CRA and its counsel in connection with the Notice and Covered Products, and in exchange for CRA’s release of all liability in connection with the Covered Product, HONG SAR shall pay a total of $16,650 (Total Settlement Amount) as set forth in this Section. No other payment is required by HONG SAR under this Settlement Agreement.
Total Settlement Amount. In full satisfaction of all potential civil penalties, attorneys’ fees, costs, and other expenses incurred by CRA and its counsel in connection with the Notice and Covered Products, and in exchange for CRA’s release of all liability in connection with the Covered Products, POP shall pay a total of $22,000 (Total Settlement Amount) as set forth in this Section. No other payment is required by POP under this Settlement Agreement.
Total Settlement Amount. In full satisfaction of all potential civil penalties, attorneys’ fees, costs, and other expenses incurred by CRA and its counsel in connection with the Notices and Covered Products, and in exchange for CRA’s release of all liability in connection with the Covered Products, SEMPIO shall pay a total of $30,000 (Total Settlement Amount) as set forth in this Section. No other payment is required by SEMPIO under this Settlement Agreement.
Total Settlement Amount. (A) Defendant agrees to pay a gross settlement amount of up to a maximum of $1,200,00.00 (the “Total Settlement Fund”), which shall resolve and satisfy: (1) all settlement payments to all Participating Class and Collective Members; (2) a court-approved Service Payment to Plaintiffs Xxxx Xxxx and Diamond Xxxxxxxx of up to $15,000.00 collectively; (3) the cost of a third-party settlement administration company, including fees incurred during the conditional certification notice process; (4) court-approved attorneys’ fees and out-of-pocket litigation expenses; (5) the Participating Class and Collective Members’ share of employment taxes; and (6) all other costs associated with the settlement other than Defendant’s share of employment taxes. Defendant will not be required to pay more than the Total Settlement Amount under this Agreement. To the extent the Settlement Administrator requires any fees prior to the funding of the settlement, Defendant shall advance those fees which will offset any amount Defendant is subsequently required to fund upon final approval.
(B) Defendant shall fund the settlement within 15 business days after entry of final approval of the Class Settlement. Any interest accrued from the Settlement Fund, net of taxes and any fees associated with investing such amount, shall immediately be added to and become part of the Total Settlement Amount to be distributed proportionally per the formula to all participating class members.
(C) Within 14 days of the Effective Date, the Settlement Administrator will distribute the money in the Total Settlement Fund by making the following payments:
i. Paying Class Counsel’s Court-approved attorneys’ fees and costs as described in Section 3.2.
ii. Paying the Court-approved Service Payments as described in Section 3.3.
iii. Paying Participating Class and Collective Members their portion of the Total Settlement Amount as described in Section 3.4.
iv. Paying the costs of the Settlement Administrator as described in Section 2.1.
Total Settlement Amount. (a) Covance shall pay a total not to exceed Five Hundred Thousand Dollars and Zero Cents ($500,000.00) (Gross Settlement Amount), which is the amount that Covance will pay to settle the Lawsuit as set forth in this Agreement, to fully and finally resolve and satisfy on behalf of the Class: (i) any and all claims alleged in the Lawsuit, all other wage-hour, notice, wage statement, and compensation-related claims that were or could have been alleged in the Lawsuit, and any and all Released Claims as defined in section 1(w) of this Agreement; (ii) any and all attorneys’ fees, and expenses incurred by Class Counsel; (iii) the cost of a Settlement Claims Administrator; (iv) and any Court-approved Service Award to the Named Plaintiffs.
(b) Covance shall pay any payroll taxes on the wage portion of the payments to be made to Class Members in addition to the Gross Settlement Amount. The Gross Settlement Amount and Covance’s share of employer payroll taxes on the wage portion of payments made to Class Members shall be the sole financial obligation of Covance under this Agreement.
(c) Covance shall cause the Gross Settlement Amount less the portion of such amount that is allocated as alleged back wages to be paid to the claims administrator, ILYM Group, LLC for deposit in a Qualified Settlement Fund (“QSF”), as defined by 26 C.F.R.
1. 468B-1, (established, maintained, and administered by ILYM Group, LLC for the deposit of the payment of the Gross Settlement Amount for the purpose of effectuating the terms of this settlement), within twenty (20) days after the Effective Date of this Agreement.
