WHAT WILL BE PAID AS PART OF THE SETTLEMENT? Sample Clauses

WHAT WILL BE PAID AS PART OF THE SETTLEMENT?. Xxxxxxxx has agreed to establish a settlement fund in the amount of $3,500,000.00, which will be the exclusive source of payment. From the settlement fund, payments to class members, a class representative service award of $5,000, certain settlement fund tax costs, attorney’s fees of $1,000,000.00 (subject to potential adjustment as provided below), reasonable litigation expenses in the amount of $32,814.49, and costs of administering this settlement will come from the settlement fund. A minimum of $2,000,000.00 will be made available to pay class members’ claims. All class members who do not exclude themselves from the settlement (and who submit a valid claim form when required) will receive a cash payment via check (which check will be valid for 90 days from the date of issuance) that will be calculated based upon the aggregate amount of sales tax charged to such class member in each transaction within the Class Period that meets the criteria for a qualifying transaction as is set forth in Section 3.01 of the settlement agreement, up to the following amounts, as follows: Total Sales Tax Charge/Transaction Settlement Value/Transaction $00.01-20.00 $3.00 $20.01-30.00 $5.00 $30.01-40.00 $6.00 $40.01-50.00 $8.00 $50.01-60.00 $10.00 $60.01-70.00 $12.00 $70.01-80.00 $14.00 $80.01-90.00 $15.00 $90.01-100.00 $17.00 $100.01+ $19.00 The class member eligible for payment shall be assigned a settlement value for each qualifying transaction and such member shall receive payment equal to the sum of such settlement values. For example, if Customer A had three qualifying transactions in the Class Period with sales tax charges of $15, $18 and $21, he or she would receive a check for up to $11. Separate payments will not be made for individual transactions. Rather, the tax charged for each individual transaction will be aggregated for purposes of calculating the amount to be paid. For clarity, transactions for which Xxxxxxxx’x records show that the sales tax amount collected by Xxxxxxxx in connection with the sale was equal to or less than the applicable sales tax rate for such sale multiplied by the aggregate amount Xxxxxxxx received from the customer as reimbursement for the taxable component(s) of the transaction and/or the customer’s insurer or vision plan as reimbursement for the taxable component(s) of the transaction shall not be assigned a settlement value, and shall not be included in calculating settlement payments for a class member. The settlement value per tr...
Sample 1
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Related to WHAT WILL BE PAID AS PART OF THE SETTLEMENT?

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Representations and Warranties Borrower represents and warrants as follows:

  • No Third Party Beneficiaries This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other person.

  • MANAGEMENT RIGHTS 3.01 The Union acknowledges that all management rights and prerogatives are vested exclusively with the Employer and without limiting the generality of the foregoing; it is the exclusive function of the Employer:

  • Compliance with Laws Comply in all material respects with the requirements of all Laws and all orders, writs, injunctions and decrees applicable to it or to its business or property, except in such instances in which (a) such requirement of Law or order, writ, injunction or decree is being contested in good faith by appropriate proceedings diligently conducted; or (b) the failure to comply therewith could not reasonably be expected to have a Material Adverse Effect.

  • Survival The representations and warranties contained herein shall survive the Closing and the delivery of the Securities.

  • Entire Agreement This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement and supersedes all prior agreements, understandings and negotiations between the parties.

  • Term of Agreement This Agreement shall continue in full force and effect until the tenth (10th) anniversary of Bank Closing; provided, that the provisions of Section 6.3 and 6.4 shall survive the expiration of the term of this Agreement; and provided further, that the receivership of the Failed Bank may be terminated prior to the expiration of the term of this Agreement, and in such event, the guaranty of the Corporation, as provided in and in accordance with the provisions of Section 12.7 shall be in effect for the remainder of the term of this Agreement. Expiration of the term of this Agreement shall not affect any claim or liability of any party with respect to any (i) amount which is owing at the time of such expiration, regardless of when such amount becomes payable, and (ii) breach of this Agreement occurring prior to such expiration, regardless of when such breach is discovered.

  • Indemnification In the event any Registrable Securities are included in a Registration Statement under this Agreement:

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

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