Settlement Facility Agreement definition
Examples of Settlement Facility Agreement in a sentence
From time to time, if and when the Claimants’ Advisory Committee determines that it needs professional advice and assistance beyond the expertise of the Claimants’ Advisory Committee members, it may retain professionals to perform specific tasks necessary for the Committee to fulfill its duties and obligations under the Settlement Facility Agreement, the Funding Payment Agreement, and the Plan Documents.
At the request of the Debtor’s Representatives or the Claimants’ Advisory Committee and with the agreement of both the Debtor’s Representatives and the Claimants’ Advisory Committee, the Special Master or Appeals Judge may consult with and assist the Claims Administrator for the purpose of ensuring and facilitating an efficient and fair operation of the Settlement Facility consistent with the terms of this Settlement Facility Agreement.
Payment of Claims will be governed solely by the Plan, this Settlement Facility Agreement, the Claims Resolution Procedures, and the Funding Payment Agreement.
This Settlement Facility Agreement shall be governed by and construed in accordance with the law of the state of New York without regard to conflicts of law principles.
Payment for compensation and expenses of the members of the Finance Committee for services performed as members of the Finance Committee shall be made from the Settlement Fund as specified at Article VIII of this Settlement Facility Agreement.
The Claims Administrator — or his or her delegate — shall have the power to hire and shall hire and appoint such staff and other appropriate agents, including the Quality Control Supervisor and/or any persons or entities performing Claim audit functions under this Settlement Facility Agreement, as necessary to carry out the functions of the Claims Administrator under this Settlement Facility Agreement.
The Claims Administrator shall exercise the powers and obligations set forth in this Settlement Facility Agreement and shall assure the distribution of payments to Claimants in accordance with the terms of this Agreement.
To the extent applicable and otherwise consistent with this Settlement Facility Agreement, it is intended that the Claims Administrator will generally apply and maintain any procedures established by the MDL 926 Claims Administrator to detect fraudulent claims.
The paying agent shall arrange for the distribution of payments to Claimants upon the direction of the Finance Committee and the District Court and in accordance with the terms of this Settlement Facility Agreement, the Litigation Facility Agreement, and the Funding Payment Agreement.
The resolution of Claims under the terms of this Settlement Facility Agreement and the Claims Resolution Procedures and the functions in this Article IV (as specified in this Article IV) and the functions in Articles V and VI herein shall be supervised by the District Court.