Distribution Process Clause Samples
Distribution Process. The Distribution Agent shall make all distributions required under the Plan, except that distributions to holders of Allowed Claims or Interests governed by a separate agreement and administered by a Servicer shall be deposited with the appropriate Servicer, at which time such distributions shall be deemed complete, and the Servicer shall deliver such distributions in accordance with the Plan and the terms of the governing agreement. Except as otherwise provided in the Plan, and notwithstanding any authority to the contrary, distributions to holders of Allowed Claims and Interests, including Claims and Interests that become Allowed after the Distribution Record Date, shall be made to holders of record as of the Distribution Record Date by the Distribution Agent or a Servicer, as appropriate: (1) to the address of such holder as set forth in the books and records of the applicable Debtor (or if the Debtors have been notified in writing, on or before the date that is 14 days before the Effective Date, of a change of address, to the changed address); (2) in accordance with Federal Rule of Civil Procedure 4, as modified and made applicable by Bankruptcy Rule 7004, if no address exists in the Debtors books and records, no Proof of Claim has been filed and the Distribution Agent has not received a written notice of a change of address on or before the date that is 14 days before the Effective Date; or (3) on any counsel that has appeared in the Chapter 11 Cases on the holder’s behalf. Notwithstanding anything to the contrary in the Plan, including this Section 6.3(b), distributions under the Plan to holders of Dex East Secured Credit Facility Claims, Dex West Secured Credit Facility Claims and RHDI Secured Credit Facility Claims shall be made to, or to Entities at the direction of, the Dex East Administrative Agent, Dex West Administrative Agent and the RHDI Administrative Agent, respectively, in accordance with the terms of the Plan and the Dex East Secured Credit Agreement, Dex West Secured Credit Agreement and the RHDI Secured Credit Agreement, respectively. The Debtors, the Reorganized Debtors, and the Distribution Agent, as applicable, shall not incur any liability whatsoever on account of any distributions under the Plan.
Distribution Process. To receive a fully subsidized home electrification installation (which may include one or more appliances), participants must progress through the program via the following steps:
1. Sign up for and attend a program workshop.
2. Submit a program application and specify that the household is interested in receiving a subsidized installation.
3. Program staff will verify site eligibility and request income eligibility information.
4. Program staff will provide the participant with a status update and notify the installer that the participant is ready to schedule a site assessment.
5. Participants will schedule and receive HEAR-eligible installation(s) from the installer.
6. The Installer will submit the customer invoice from the installation to program staff verifying the HEAR-eligible equipment installed, and request reimbursement.
Distribution Process. 11.1 The Class Settlement Amount shall be funded through a QSF in accordance with this Agreement. The timing of the payments by Walmart to the QSF is:
11.1.1. Within 14 business days following the date on which the Court enters an order granting preliminary approval of the Settlement, or within 14 business days of the date on which the District Court enters an order approving the QSF, whichever is later, Walmart shall transfer the estimated amount of Notice and Administration Costs to the QSF, who shall distribute that amount to the Claims Administrator. In the event that the Settlement Effective Date does not occur, any amounts actually used by the Claims Administrator for notice and administration shall not be refundable to Walmart. If, however, Walmart has paid into the QSF monies for Notice and Administration Costs which have not been used by the Claims Administrator, those amounts not used by the Claims Administrator shall be refunded to Walmart.
11.1.2. Within 14 business days following the Settlement Effective Date, Walmart shall transfer to the QSF amounts sufficient to cover the remainder of the Class Settlement Amount, to include the Settlement Class Member Payments (subject to any pro rata increase or decrease pursuant to Section 6.2.4), Attorneys’ Fees, Costs, and Expenses awarded by the Court, and Service Award awarded by the Court. The QSF shall distribute these amounts as awarded by the Court. Settlement Class Counsel shall provide the QSF with the information as to whom the Attorneys’ Fees, Costs, and Expenses and the Settlement Class Representative Award should be distributed.
Distribution Process. 7.1.1. The Individual Settlement Payment under this Agreement shall be determined in accordance with the formula set forth in Section 5.1.1.
7.1.2. Zillow will provide the Claims Administrator with the funds for the Class Settlement Amount within seven (7) days after the Settlement Effective Date. Under no circumstances shall Zillow or any Released Party be required to pay more than $6,000,000 for any reason under the Agreement. Upon transfer to the Claims Administrator, the Class Settlement Amount shall be referred to as the “Settlement Fund.”
7.1.3. The Settlement Fund, including accrued interest paid to or earned by it, deposited into an interest-bearing account (the “Account”) created by order of the Court is intended to constitute a “qualified settlement fund” (“QSF”) within the meaning of Section 1.46B-1 of the Treasury Regulations (“Treasury Regulations”) promulgated under the U.S. Internal Revenue Code of 1986, as amended (“Code”). Zillow shall be the “transferor” to the QSF within the meaning of Section 1.468B-1(d)(1) of the Treasury Regulations with respect to the Settlement Fund or any other amount transferred to the QSF pursuant to this Settlement Agreement. The Claims Administrator shall be the “administrator” of the QSF within the meaning of Section 1.46B-2(k)(3) of the Treasury Regulations, responsible for causing the filing of all tax returns required to be filed by or with respect to the QSF, paying from the QSF any taxes owed by or with respect to the QSF, and complying with any applicable information reporting or tax withholding requirements imposed by Section 1.4688-2(l)(2) of the Treasury Regulations or any other applicable law on or with respect to the QSF. Zillow and the Claims Administrator shall reasonably cooperate in providing any statements or making any elections or filings necessary or required by applicable law for satisfying the requirements for qualification as a QSF, including any relation-back election within the meaning of Section 1.468B-1(j) of the Treasury Regulations. All funds held in the Account, and all earnings thereon, shall be deemed to be in custodia legis of the Court and shall remain subject to the jurisdiction of the Court until such time as the funds shall have been disbursed or returned pursuant to the terms of this Agreement or further order of the Court.
7.1.4. The Settling Parties, their counsel, and any Released Party shall have no liability, obligation, or responsibility with respect to the investment...
Distribution Process. Distribution of the investigator’s share shall be made annually from the amount of net royalties if any, received during the previous fiscal year.
5.5.1 Prior to the determination of the distribution of net income, the investigator shall receive a statement of direct expenses charged against the gross income derived from an agreement.
5.5.2 Investigators shall have 30 working days to challenge the statement of direct expenses.
5.5.3 After resolution of such challenge, if any, the distribution of funds will occur.
5.5.4 Distributions to investigators are final and shall not be affected by unanticipated expenses 90 days after distribution.
5.5.5 Adjustments may be made to correct a clerical error.
5.5.6 In the case of the death of the investigator, any unpaid royalties shall be paid to the investigator’s estate unless otherwise specified.
5.5.7 In the event of any litigation, actual or imminent, or any other action to protect patent rights, distribution of royalties will be withheld until resolution of the dispute.
Distribution Process. 8.1.1. All Settlement Class Members shall receive an Individual Settlement Payment unless they properly and timely opt out of the Rule 23 settlement. Any Settlement Class Member who filed a consent to sue form, but chooses to opt out of the Rule 23 settlement will not receive a settlement payment related to the Rule 23 settlement, but shall still be entitled to a FLSA settlement allocation and will still release their FLSA claims.
8.1.2. The amount that each Settlement Class Member is eligible to receive, the Individual Settlement Payment, under this Settlement shall be determined in accordance with Section 5.
8.1.3. As a condition of receiving timely payment of the following, within five (5) business days after the Settlement Effective Date, Class Counsel shall deliver to the Claims Administrator both written instructions signed by Class Counsel that describe the manner and mode of payment of Class Counsel’s Attorneys’ Fees and Costs, and a fully-executed Form W-9 with respect to the entity to whom the Attorneys’ Fees and Costs shall be paid. The Claims Administrator will issue to Class Counsel an IRS Form 1099 for such amounts paid for Attorneys’ Fees and Costs under this Settlement.
8.1.4. Defendants will provide the Claims Administrator with the funds for the Settlement Amount by wire transfer by no later than ten (10) days after the Settlement Effective Date.
8.1.5. Payments of the Individual Settlement Payments to the Settlement Class Members, less required withholdings; Service Payments to the Named Plaintiffs and Original Discovery Representatives; Class Counsel’s Attorney Fees and Costs; and any applicable Employer-side taxes and withholdings shall be made by the Claims Administrator no later than fourteen (14) business days after the Settlement Effective Date.
8.1.5.1. Individual Settlement Payments shall include a Release Notice substantially in the form of the Release Notice attached hereto as Exhibit 2, notifying each Settlement Class Member of the release of all claims, including but not limited to FLSA claims and a reference to the Comprehensive Waiver and Release language in Section 9 of this Agreement.
8.1.5.2. Checks issued to all Settlement Class Members pursuant to this Agreement who did not file a consent to sue form for FLSA claims will include a legend on the back indicating that by signing Case 3:17-cv-01199 Document 511-2 Filed 02/28/22 Page 18 of 178 PageID #: 5537 the settlement check the Settlement Class Member is agreeing to th...
Distribution Process. Following an Allocation to a TA Signatory of Distributable Trust Assets and the determination of the Net Contractual Position of that TA Signatory, the process of determining a Distribution to that TA Signatory under the Agreement can begin, subject to the following conditions being satisfied:
26.1.1 the Company has ascertained if there is any Retention Claim in respect of that TA Signatory, such that the Company is required to account to a Retention Creditor in respect of liabilities secured on such Distributable Trust Assets. The process of dealing with Retention Claims is described more fully in section 26.13 (Retention Claim and Retention Amount);
26.1.2 that TA Signatory does not have certain unascertained or unquantified Non- Financial Contract Liabilities to the Company. Non-Financial Contract Liabilities are described more fully in section 26.12 (Non-Financial Contract Liabilities); and
26.1.3 the Allocation is not of a very small amount or value unless it is the final Allocation of a Stock Line.
Distribution Process. Except as otherwise provided in the Plan, the Distribution Agent shall make distributions to Holders of Allowed Claims at the address for each such Holder as indicated on the applicable register or in the Debtors’ records as of the date of any such distribution (as applicable), including the address set forth in any Proof of Claim filed by that Holder; provided that the manner of such distributions shall be determined at the discretion of the Reorganized Debtors.
Distribution Process. The Distribution Agent shall make all distributions required under the Plan, except that distributions to holders of Allowed Claims or Interests governed by a separate agreement and administered by a Servicer shall be deposited with the appropriate Servicer, at which time such distributions shall be deemed complete, and the Servicer shall deliver such distributions in accordance with the Plan and the terms of the governing agreement. Except as otherwise provided herein, and notwithstanding any authority to the contrary, distributions to holders of Allowed Claims, including Claims that become Allowed after the Effective Date, shall be made to holders of record as of the Effective Date by the Distribution Agent or a Servicer, as appropriate: (1) to the address of such holder as set forth in the books and records of the applicable Debtor (or if the Debtors have been notified in writing, on or before the date that is 10 days before the Effective Date, of a change of address, to the changed address); (2) in accordance with Federal Rule of Civil Procedure 4, as modified and made applicable by Bankruptcy Rule 7004, if no address exists in the Debtors books and records, no Proof of Claim has been filed and the Distribution Agent has not received a written notice of a change of address on or before the date that is 10 days before the Effective Date; or
Distribution Process. The Settlement Administrator shall be responsible for distributing the Net Settlement Amount as provided for herein.
1. By the Settlement Effective Date, Kellogg shall transmit to the Settlement Administrator the Gross Settlement Amount, as approved by the Court, less any Individual Settlement Allocations and/or Service Payments attributable to Opt-Out Plaintiffs.
2. Payout of the Individual Settlement Allocations and any Approved Service Payments shall be made by check(s) (“Settlement Checks”) issued no later than fourteen (14) calendar days after the Settlement Effective Date.
3. All Settlement Checks for Individual Settlement Allocations shall contain on the back of the check the following endorsement: By endorsing this check, I acknowledge that I have received, read and understand the Release that accompanied this Settlement Check and that I agree to be bound by the terms of that Release. I understand that, by endorsing this check, I am waiving and releasing any and all wage and hour claims arising out of my Kellogg employment as provided in the Court-approved Release.
4. All checks issued for payment of Approved Service Payments shall contain on the back of the check the following endorsement: By endorsing this check, I acknowledge that I have received, read and understand the General Release that accompanied this Approved Service Payment and that I agree to be bound by the terms of that General Release. I understand that, by endorsing this check, I am waiving and releasing any and all claims arising out of my Kellogg employment as provided in the Court-approved General Release.
5. All checks issued pursuant to this Agreement shall be valid for nine (9) months from the date of issuance.
6. The Settlement Administrator shall follow up on any returned Settlement Checks through skip tracing and reasonable efforts to locate all Plaintiffs.
7. The Settlement Administrator shall mail reminders to Settlement Check recipients who have not yet cashed checks one, three, and five months after the Settlement Checks are mailed.
8. The Settlement Administrator shall provide Kellogg’s counsel and Plaintiffs’ Counsel with a list of those Settlement Check recipients who have not cashed their checks beginning 30 days after mailing the Settlement Checks and continuing on a bi-weekly basis until eight (8) months after mailing the checks.
9. Nine (9) months and seven (7) calendar days after the Settlement Effective Date, the Settlement Administrator shall transfer any amo...