Payment to Plaintiffs Sample Clauses

Payment to Plaintiffs. In order to avoid further expense and business distraction, and without any admission of liability, Batesville shall pay $5,000,000 to Plaintiffs and SCI shall pay $1,000,000 to Plaintiffs, within 10 business days of the execution of this Agreement or of the receipt by Defendants from Plaintiffs of ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ LLP’s tax identification number (whichever is later), by wire transfer to the following account, in full and complete settlement of all asserted and unasserted claims, including any claims for attorneys’ fees, costs, and expenses: Bank of New York Mellon, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇, Acct # 630-0597503, ABA# ▇▇▇▇▇▇▇▇▇, Acct. Name: ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ LLP.

Payment to Plaintiffs. The Defendants agree to pay the Plaintiffs the sum of $2,000,000.00 (the “Settlement Amount”) in full satisfaction of all amounts which may be due and owing to Plaintiffs relating to the Dispute and any and all claims that were asserted or which could have been asserted in the Litigation. The Settlement Amount shall be paid within thirty (30) days of the Effective Date of this Agreement. The checks for the Settlement Amount will be made payable as follows: 1. Check in the amount of $717,892.28 made out to ▇▇▇▇ ▇▇▇▇▇▇▇; 2. Check in the amount of $479,358.52 made out to ▇▇▇▇ ▇▇▇▇▇; and 3. Check in the amount of $802,749.20 made out to ▇▇▇▇▇▇, Loving & Davies, P.C. Any 1099s issued with respect to any portion of the Settlement Amount shall conform with the amounts set forth above.

Payment to Plaintiffs. Upon thirty days of Defendants’ receipt of Plaintiffs’ execution of this Agreement, Defendants shall pay the total sum of Two hundred and twenty five thousand dollars ($225,000) to Plaintiffs, as follows: Defendants’ insurance carrier, Fire Insurance Exchange, shall pay to Plaintiffs the sum of Seventy-five thousand dollars ($75,000), and; Defendants shall pay Plaintiffs the sum of One-hundred and fifty thousand dollars ($150,000) (the “Settlement Payments”). The Settlement Payments shall be in the form of drafts or checks payable to ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇. Plaintiffs’ counsel shall provide Defendants’ counsel with a current executed W-9 Form pertaining to the payees prior to issuance of the Settlement Payments

Payment to Plaintiffs. Plaintiffs may move the Court for statutory damages and service awards for their time and effort in connection with this Action. Plaintiffs will ask the Court to approve statutory damages and service awards in an amount to be determined by Class Counsel. The Class Administrator shall issue any approved service awards and statutory damages for payment from the Settlement Fund to Plaintiffs within five (5) days after the Effective Date.

Payment to Plaintiffs. In settlement of the indebtedness represented by the Notes, ▇▇▇▇▇ shall, from time to time and subject to the ownership and temporal limitations set forth below, issue and deliver an aggregate of 3,078,000 shares of ▇▇▇▇▇ common stock to Pioneer and 3,157,000 shares of ▇▇▇▇▇ common stock to Black Car (the “Settlement Shares”) pursuant to Section 3(a)(10) of the Securities Act of 1933, as amended, Corporations Code Section 25017(f)(3) and the regulations promulgated thereunder. The issuance of the Settlement Shares shall occur in respective tranches such that the Settlement Shares beneficially owned by each Plaintiff (or deemed to be beneficially owned by each Plaintiff) shall not exceed 4.99% of the ▇▇▇▇▇ common stock outstanding on an issuance date, as determined in accordance with Section 16 of the Securities Exchange Act of 1934, as amended, and the regulations promulgated thereunder. For clarity, ▇▇▇▇▇ shall have no obligation to issue, and shall not issue, Settlement Shares in an amount that would result in either Plaintiff owning more than 4.99% of Holly’s then-outstanding common stock. ▇▇▇▇▇ shall provide thirty days’ notice of any cancellation of shares not owned by Plaintiffs if such cancellation would result in either Plaintiff owning more than 4.99% of ▇▇▇▇▇ common stock outstanding immediately following such cancellation. Either Plaintiff may make requests for periodic tranch issuances. Plaintiffs shall have no right to request, and shall not request, a tranch issuance that would result in either of them owning more than 4.99% of Holly’s then-outstanding common stock. Such requests shall be in writing and shall be accompanied by a representation from the requesting Plaintiff stating the exact number of shares then owned by the requesting Plaintiff. The Requesting Plaintiff shall provide any additional information reasonably requested by ▇▇▇▇▇ to enable ▇▇▇▇▇ to verify that the requested issuance will not result in a beneficial ownership of more than 4.99% of Holly’s then-outstanding common stock. Plaintiffs’ right to make requests for periodic tranch issuances shall expire on September 17, 2019. Thereafter, ▇▇▇▇▇ shall have no obligation to issue shares to either Plaintiff pursuant to this Agreement. Plaintiffs acknowledge that they may be unable to sell, prior to the expiration of their right to make requests for periodic tranch issuances, a sufficient number of shares to recoup the Pioneer Debt and the Black Car Debt. They expressly assume th...

Payment to Plaintiffs. Defendants agree to pay to Plaintiffs the sum of $205,954.16 in full settlement of all claims against GPD including without limitations the claims set forth in the Complaint or under the August Settlement Agreement. Prior to the date hereof, GPD made a payment of $25,000 to Plaintiffs. After such payment, the unpaid balance is $180,954.16. The parties agree to reduce such sum by $18,000, which $18,000 shall be applied as the payment owing to convert the Class B Warrants into the New Shares pursuant to Section 1 above. The remaining balance of $162,954.16 shall be paid in 20 equal installments of $8,000 each, on the 15th day of each month, commencing December 15, 1999, and continuing until July 15, 2001, with the remaining sum of $2,954.16 due on August 15, 2001. Each check shall be made payable to Dona▇▇ ▇▇▇▇▇▇▇. In the event GPD concludes a public or private debt or equity financing with net proceeds to GPD in excess of $2.5 million, GPD will retire any then outstanding balance of such $162,954.

Payment to Plaintiffs. 1. Equifax agrees, subject to Court approval, to pay Plaintiff Chakejian the sum of Fifteen Thousand Dollars ($15,000.00) to compensate him for the time and effort expended in his role of Class Representative in the Chakejian Action, in participating in discovery, in fulfilling his obligations and responsibilities as Class Representative, and for achieving the benefit for the Settlement Class as set forth in this Agreement.‌ 2. Equifax agrees, subject to Court approval, to pay Plaintiff Summerfield the sum of Fifteen Thousand Dollars ($15,000.00) to compensate him for the time and effort expended in his role of Class Representative in the Summerfield Action, in participating in discovery, in fulfilling his obligations and responsibilities as Class Representative, and for achieving the benefit for the Settlement Class as set forth in this Agreement. 3. Equifax agrees, subject to Court approval, to pay Plaintiff ▇▇▇▇ the sum of Fifteen Thousand Dollars ($15,000.00) to compensate him for the time and effort expended in his role of Class Representative in the ▇▇▇▇ Action, in participating in discovery, in fulfilling his obligations and responsibilities as Class Representative, and for achieving the benefit for the Settlement Class as set forth in this Agreement. 4. The payments to each of the Plaintiffs described in this Section IV(F) shall be made within thirty (30) days of the Effective Date. 5. Equifax agrees that it will not oppose any request by Class Counsel for payments to the Plaintiffs to the extent that such requests do not exceed $15,000.00 each for ▇▇. ▇▇▇▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇▇▇▇▇▇▇, and ▇▇. ▇▇▇▇. Equifax shall have no obligation to make any payment to ▇▇. ▇▇▇▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇▇▇▇▇▇▇, or ▇▇. ▇▇▇▇ other than the obligations set forth herein. No other agreement exists between the Parties as to payments to be made to the Plaintiffs. ▇▇. ▇▇▇▇▇▇▇▇▇, ▇▇. ▇▇▇▇▇▇▇▇▇▇▇, and ▇▇. ▇▇▇▇ also will receive any benefits to which they are entitled by virtue of their status as Settlement Class Members.

Payment to Plaintiffs. Plaintiffs may move the Court for service awards in an amount to be determined by Class Counsel, but not to exceed $5,000 per Plaintiff, for their time and effort in connection with this Action. Plaintiffs will also ask the Court to approve alleged statutory damages of One Thousand Dollars ($1,000) per plaintiff under 15 U.S.C. § 1692k(a)(2). The Class Administrator shall issue any approved amounts under this paragraph from the Settlement Fund to Class Counsel within five (5) days after the Effective Date. Class Counsel will then disburse the payments to Plaintiffs.

Payment to Plaintiffs. Plaintiffs may move the Court for service awards for their time and effort in connection with this Action. Plaintiffs will ask the Court to approve statutory damages and service awards in an amount of not more than $5,000 for each Plaintiff. The Class Administrator shall issue any approved service awards and statutory damages from the Settlement Fund to Plaintiffs within two (2) days after the Effective Date. It is understood that each Plaintiff is solely responsible for the tax treatment of any service award or approved statutory damages received. CDR and HNN shall not be responsible for Plaintiffs’ tax responsibilities related to any amounts received as part of this Settlement Agreement.