Examples of Settlement Payment Amount in a sentence
In exchange for the mutual promises and covenants in this Agreement, including, without limitation, the Releases as set forth in Section XIV hereof and the dismissal of the action with prejudice upon Final Approval, within fourteen calendar days of Preliminary Approval, TD Bank shall deposit the Settlement Payment Amount of $43,000,000.00, into the Escrow Account to create the Settlement Fund as set forth herein.
The amount of the Net Settlement Fund available for distribution to each Settlement Class shall equal the Net Settlement Fund multiplied by the percentage of the total Settlement Payment Amount allocated to that Class, as set forth in paragraph 137 of this Agreement.
Every Settlement Class Member shall be paid from the Net Settlement Fund the Total Settlement Payment Amount to which he or she is entitled, calculated as set forth in paragraphs 142 and 143 above (“Settlement Fund Payments”).
This Settlement Payment Amount includes all monetary 3 TD Bank expressly reserves, and does not waive, the right to take the position in other litigation that the release in the Final Judgment foreclosed certain claims of members of the MDL 2036 settlement class beyond September 20, 2012.
Plaintiffs’ Counsel will seek, by motion, (a) reimbursement of litigation costs and expenses incurred in connection with this action, plus (b) an award of attorneys’ fees in an amount not to exceed 35% of the Settlement Payment Amount.
Within one Business Day after Sellers give any such notice and direction to Buyer, Buyer will pay to the recipient named in such notice and direction (in the manner stated above and in such notice and direction) the applicable Settlement Payment Amount on behalf of the applicable Seller or such an Affiliate.
Defendant’s payment of the Settlement Payment Amount is subject to Court approval, without admission of liability, and subject to the refund provisions of Section XII below, in the event that this Agreement is terminated or the Effective Date otherwise does not occur.
All costs of a second distribution as well as all costs associated with a residual cy pres distribution shall be paid out of the Settlement Payment Amount.
The costs of Notice and administration shall include any fees of and reasonable expenses incurred by the Settlement Administrator in relation to the Settlement, and any other reasonable expenses relating to the establishment, maintenance, and distribution of the Settlement Payment Amount.
The Overdraft Forgiveness Amount serves to reduce the amounts that members of the Settlement Classes owe TD Bank for overdraft fees, sustained overdraft fees, 3 The percentage of the total Settlement Payment Amount allocated to each class shall remain the same following reductions for attorneys’ fees, costs, and expenses awarded to Class Counsel, costs of Notice and administration of the Settlement, and Service Awards for named Plaintiffs.