Use of Settlement Payments. 1. It is the intent of the Parties that the payments disbursed from the Settlement Fund to Settling States and Participating Subdivisions be for Opioid Remediation, subject to exceptions that must be documented in accordance with Section V.B.2. In no event may less than eighty-five percent (85%) of the Settling Distributors’ maximum amount of payments pursuant to Section IV, Section IX, and Section X as set forth on Exhibit M over the entirety of all Payments Years (but not any single Payment Year) be spent on Opioid Remediation.
2. While disfavored by the Parties, a Settling State or a Participating Subdivision set forth on Exhibit G may use monies from the Settlement Fund (that have not been restricted by this Agreement solely to future Opioid Remediation) for purposes that do not qualify as Opioid Remediation. If, at any time, a Settling State or a Participating Subdivision set forth on Exhibit G uses any monies from the Settlement Fund for a purpose that does not qualify as Opioid Remediation, such Settling State or Participating Subdivision set forth on Exhibit G shall identify such amounts and report to the Settlement Fund Administrator and the Settling Distributors how such funds were used, including if used to pay attorneys’ fees, investigation costs, litigation costs, or costs related to the operation and enforcement of this Agreement, respectively. It is the intent of the Parties that the reporting under this Section V.B.2 shall be available to the public. For the avoidance of doubt, (a) any amounts not identified under this Section V.B.2 as used to pay attorneys’ fees, investigation costs, or litigation costs shall be included in the “Compensatory Restitution Amount” for purposes of Section VI.F and (b) Participating Subdivisions not listed on Exhibit G may only use monies from the Settlement Fund for purposes that qualify as Opioid Remediation.
Use of Settlement Payments. It is the intent of the Parties that the payments disbursed from the Settlement Fund to Settling States and Exhibit G Participants be for Opioid Remediation, subject to limited exceptions that must be documented in accordance with subsection VII.C. In no event may less than 85% of Allergan’s payments pursuant to Section VI.A.1-3 over the entirety of all Payment Years (but not any single Payment Year) be spent on Opioid Remediation.
Use of Settlement Payments. 1. Within fifteen (15) calendar days after receiving each of the ten (10) Annual Payments, the Special master shall transfer and disburse fund from the CVS Settlement Trust pursuant to Section III.A.2 and in accordance with Exhibits G-1 and G-2. The Annual Payments for Payment Years 1 through 5 shall be divided between the Attorney Fee Fund and XXXX VIII as set forth in Exhibits G-1 and G-2. The amounts allocated to XXXX VIII shall be distributed to Participating Tribes to be used for Opioid Remediation in accordance with the XXXX VIII Trust Agreement and the XXXX VIII TDP. The Annual Payments for Payment Years 6 through 10 shall be paid in their entirety to XXXX VIII for distribution to Participating Tribes to be used for Opioid Remediation in accordance with the XXXX VIII Trust Agreement and the XXXX VIII TDP.
a. It is the intent of the Parties that the payments disbursed from XXXX VIII to the Participating Tribes be for Opioid Remediation. In no event may less than eighty-five percent (85%) of the Settlement Amount (or precisely $110,792,472) be paid to XXXX VIII for distribution to Participating Tribes to use for Opioid Remediation in accordance with the XXXX VIII Trust Agreement and the XXXX VIII TDP. The Parties acknowledge and agree that the payments disbursed to the Tribes from XXXX VIII in accordance with this Section IV and Schedules B and D of the XXXX VIII TDP are exclusively for Opioid Remediation. The distributions to the XXXX VIII will be paid over ten (10) years.
b. The remaining fifteen percent (15%) of the Settlement Amount (or precisely $19,551,612) shall be set aside by the Special Master for the Attorney Fee Fund subject to Section VI to pay the attorneys’ fees and litigation costs. The distributions to the Attorney Fee Fund will be paid over five (5) years. Any amounts allocated to the Attorney Fee Fund that are not used for the attorneys’ fees and costs of Participating Tribes shall be reallocated to XXXX VIII for distribution to Participating Tribes to be used for Opioid Remediation.
2. The XXXX VIII Directors shall set aside and hold back the funds allocable to each of the following Tribes proportionate to the Tribe’s Tribal Allocation Distribution Percentage:
a. A Non-Litigating Tribe that has not become a Participating Tribe at the time of such distribution, and the provisions of Section IV.E.1 shall apply with respect to such Non-Litigating Tribe.
b. A Litigating Tribe that has not become a Participating Tribe at the time of suc...
Use of Settlement Payments. 1. The Special Master shall transfer funds from the Walmart Settlement Trust within 60 days (with one 30 day extension available in his discretion) after receiving the funds from the Settlement Fund Escrow pursuant to Section
Use of Settlement Payments. 1. The Special Master shall transfer funds from the Allergan Settlement Trust within 21 days after receiving each of the annual payments of funds, as follows: 85% of such funds shall be paid to XXXX VII for distribution to Participating Tribes to use for Opioid Remediation in accordance with the XXXX VII Trust Agreement and the XXXX VII TDP; and 15% of such funds shall be set aside by the Special Master for the Attorney Fee Fund subject to Section VII to pay attorneys’ fees and litigation costs.
2. The XXXX VII Directors shall set aside and hold back the funds allocable to each of the following Tribes proportionate to the Tribe’s Tribal Allocation Distribution Percentage:
a. A Non-Litigating Tribe that has not become a Participating Tribe at the time of such distribution, and the provisions of Section VI shall apply with respect to such Non-Litigating Tribe.
b. A Litigating Tribe that has not become a Participating Tribe at the time of such distribution, and the provisions of Section VI shall apply with respect to such Litigating Tribe.
3. The Special Master shall deduct the costs and expenses incurred in the administration of the Allergan Settlement Trust out of the interest accrued on the Settlement Trust and thereafter from the principal of the Settlement Trust.
4. In no event may less than 85% of Allergan’s Compensatory Restitution Payments to the Allergan Settlement Trust be spent on Opioid Remediation. The Parties acknowledge and agree that the payments disbursed to the Tribes from XXXX VII in accordance with this Section V and Schedules B and D of the XXXX VII TDP are exclusively for Opioid Remediation.
Use of Settlement Payments. 1. The Ohio Abatement Amount shall be used for Opioid Remediation and/or OneOhio Remediation.
2. It is the intent of the Parties that the payments disbursed under this Agreement from the Ohio Qualified Settlement Fund be for Opioid Remediation, subject to exceptions that must be documented in accordance with Section VI.B.3. In no event may less than eighty-five percent (85%) of the Settling Distributors’ maximum amount of payments pursuant to Section V and Section VIII as set forth on Exhibit G over the entirety of all Payments Years (but not any single Payment Year) be spent on Opioid Remediation.
3. While disfavored by the Parties, the State of Ohio or a Participating Subdivision may use monies from the Ohio Qualified Settlement Fund (that have not been restricted by this Agreement solely to future Opioid Remediation) for purposes that do not qualify as Opioid Remediation. If, at any time, the State of Ohio or a Participating Subdivision uses any monies from the Settlement Fund for a purpose that does not qualify as Opioid Remediation, the State of Ohio or Participating Subdivision shall identify such amounts and report to the Ohio Qualified Settlement Fund Administrator and the Settling Distributors how such funds were used, including if used to pay attorneys’ fees, investigation costs, litigation costs, or costs related to the operation and enforcement of this Agreement, respectively. It is the intent of the Parties that the reporting under this Section VI.B.3 shall be available to the public. For the avoidance of doubt, (a) any amounts not identified under this Section VI.B.3 as used to pay attorneys’ fees, investigation costs, or litigation costs shall be included in the “Compensatory Restitution Amount” and (b) Participating Subdivisions may only use monies from the Settlement Fund for purposes that qualify as Opioid Remediation.
Use of Settlement Payments. 1. The Special Master shall transfer funds from the Distributors’ Settlement Trust within fifteen (15) calendar days after receiving the funds pursuant to Section IV.B as follows: 85% of such funds shall be paid to the Abatement Fund for distribution to Participating Tribes to use for Opioid Remediation in accordance with the XXXX III Trust Agreement and the XXXX III TDP; and 15% of such funds shall be set aside by the Special Master for the Attorney Fee Fund subject to Section VIII to pay attorneys’ fees and litigation costs.
2. For each Annual Payment, the XXXX III Directors shall set aside and hold back from transfer all Unclaimed Allocations, and the provisions of Section V.E.1 shall apply.
3. The Special Master shall deduct the costs and expenses incurred in the administration of the Distributors’ Settlement Trust from the Tribal Settlement Advance Credit and the interest accrued on the Distributors’ Settlement Trust, and thereafter from the Distributors’ Settlement Trust should such Tribal Settlement Advance Credit and interest prove insufficient.
4. In no event may less than 85% of the Settling Distributors’ payments to the Distributors’ Settlement Trust be spent on Opioid Remediation. The Parties acknowledge and agree that the payments disbursed to the Tribes from the Abatement Fund in accordance with this Section V and Schedules B and D of the XXXX III TDP are exclusively for Opioid Remediation.
Use of Settlement Payments. 13 1. The Escrow Agent shall transfer funds from the McKinsey Tribal 14 Settlement Trust, within sixty days after receiving the funds from McKinsey pursuant to Section
Use of Settlement Payments. The State of Rhode Island and Participating Subdivisions shall use the Rhode Island Abatement Amount for Opioid Remediation as set forth in Exhibits C and H. In no event may any future amendments or revisions to Exhibit H provide for a use of the Rhode Island Abatement Amount that is for purposes other than Opioid Remediation.
Use of Settlement Payments. It is the intent of the Parties that the Settlement Amount be for Opioid Remediation. In no event may less than eighty-five percent (85%) of the Settlement Amount (less any amounts used to pay attorneys’ fees, investigation costs, or litigation costs) be spent on Opioid Remediation.
