Payments to Participating Class Members Sample Clauses

Payments to Participating Class Members a. Settlement Class Members must submit a timely, valid Claim Form to receive a payment. Settlement Class Members who do not exclude themselves from the settlement and who submit a timely, valid Claim Form are referred to as “Participating Class Members.” b. All Participating Class Members will be eligible to receive an equal share of the Net Settlement Fund, which is to be allocated amongst the Participating Class Members pro-rata up to a maximum of $5,000 per Participating Class Member, with any amounts beyond $5,000 being paid out to the Legal Foundation of Washington. The amount of the Settlement Fund shall be based on the number of Participating Class Members. If the number of Participating Class Members is less than or equal to approximately 30% of the total Settlement Class (i.e., 477 Settlement Class Members), Defendants shall pay the amount of the Minimum Settlement Fund set forth above (i.e., $1,638,670). For every Participating Class Member above 30% of the total Settlement Class (i.e., every Participating Class Member beyond the initial 477 Settlement Class Members referenced above), the value of the Net Settlement Fund shall increase by $1,384.84, subject to the total value of the settlement reaching the amount of the Maximum Settlement Fund (i.e., $3,180,000). For example, if there were 800 Participating Class Members, and assuming the Court approves the attorneys’ fees and costs, class representative awards, and settlement administration expenses listed in Paragraphs 9-10 and 12 above, the formula to calculate each Participating Class Member’s payment would be: ($1,638,6701 + $447,303.322 - $938,100 - $15,000 - $25,000) / 800 = $1,384.84. Thus, under this example, each Participating Class Member would receive a settlement payment of $1,384.84. Under this same example, the Settlement Fund (i.e., the total amount due and owing from Defendants under this Settlement Agreement) would equal $2,085,973. c. Settlement payments will be characterized as statutory damages and interest. The Settlement Administrator will prepare a 1099 for each Participating Class Member that reflects their settlement payment. d. After 120 days following the date upon which the Settlement Administrator sends payments to Participating Class Members, one hundred percent (100%) of any individual settlement payment amounts associated with Participating Class Members’ uncashed checks shall be transferred to the unclaimed property fund managed by the State of Washington in the...
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Payments to Participating Class Members a. Settlement Class Members must submit a timely, valid Claim Form to be considered a Participating Class Member and to receive an equal portion of the Class Fund (as defined in Paragraph 8 above). The named Plaintiff is not required to submit a Claim to receive his share of settlement funds. b. All Participating Class Members will be eligible to receive an equal portion of the Class Fund pursuant to the following formula: (Maximum Settlement Fund (minus) attorneys’ fees and costs (minus) service award (minus) settlement administration expenses) / total number of Settlement Class Members = pro rata payment (“Settlement Payment”). For example, assuming the Court approves the fees and expenses listed in Paragraphs 9-10 and 12 above, the formula to calculate each Participating Class Member’s payment would be: ($165,000 - $55,000 - $10,000 - $15,000) / 76 = $1,118.42. Thus, under this example, each Participating Class Member would receive $1,118.42 each. c. Settlement Payments will be characterized as statutory damages and interest. The Settlement Administrator will prepare a 1099 for each Participating Class Member that reflects their settlement payment. d. After 120 days following the date upon which the Settlement Administrator sends payments to Participating Class Members, 100 percent (%) of any individual settlement payment amounts associated with Participating Class Members’ uncashed checks will be sent by the Settlement Administrator to the State of Washington with the associated name of the Participating Class Member pursuant to Washington’s Unclaimed Property Act (RCW 63.29, et seq.). e. Plaintiff, Defendant, and their respective counsel have not made any representations regarding the tax consequences of the settlement payments made under this Settlement Agreement. Participating Class Members will be required to pay all federal, state or local taxes, if any, which are required by law to be paid with respect to the settlement payments. Participating Class Members agree to indemnify and hold Defendant harmless from any claim for unpaid taxes for the Settlement Payment from any taxing authority.
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Payments to Participating Class Members. In consideration for release of the claims of the Settlement Class against Defendant (as described more fully in Paragraphs 6-9, below), Defendant agrees to pay Participating Class Members on a claims made basis as follows: $4,200 per Participating Class Member. All Participating Class Members shall receive a payment of $4,200 even if the number of Participating Class Members exceeds the estimated 110 eligible Settlement Class members.
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Payments to Participating Class Members. In order to be considered a Participating Class Member and recover their allocated Settlement Share, except as provided in this Agreement, a Settlement Class Member must timely submit a Claim Form (and not exclude himself/herself from the Settlement). Within (45) calendar days after the Effective Date, the Settlement Administrator will tender payment via check mailed via first class mail to each Participating Class Member in the amounts equaling their Settlement Share. The checks remitting these payments shall include the following language below the line for the recipient to endorse the check:
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Payments to Participating Class Members 
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Related to Payments to Participating Class Members

  • To Each Participating Class Member An Individual Class Payment calculated by (a) dividing the Net Settlement Amount by the total number of Workweeks worked by all Participating Class Members during the Class Period and (b) multiplying the result by each Participating Class Member’s Workweeks.

  • Effect of Non-Participating Class Members on Calculation of Individual Class Payments Non-Participating Class Members will not receive any Individual Class Payments. The Administrator will retain amounts equal to their Individual Class Payments in the Net Settlement Amount for distribution to Participating Class Members on a pro rata basis.

  • Payments to Plan Participants and Their Beneficiaries (a) Company shall deliver to Trustee a schedule (the "Payment Schedule") that indicates the amounts payable in respect of each Plan participant (and his or her beneficiaries), that provides a formula or other instructions acceptable to Trustee for determining the amounts so payable, the form in which such amount is to be paid (as provided for or available under the Plan), and the time of commencement for payment of such amounts. Except as otherwise provided herein, Trustee shall make payments to the Plan participants and their beneficiaries in accordance with such Payment Schedule. The Trustee shall make provision for the reporting and withholding of any federal, state or local taxes that may be required to be withheld with respect to the payment of benefits pursuant to the terms of the Plan and shall pay amounts withheld to the appropriate taxing authorities or determine that such amounts have been reported, withheld and paid by Company. (b) The entitlement of a Plan participant or his or her beneficiaries to benefits under the Plan shall be determined by Company or such party as it shall designate under the Plan, and any claim for such benefits shall be considered and reviewed under the procedures set out in the Plan. (c) Company may make payment of benefits directly to Plan participants or their beneficiaries as they become due under the terms of the Plan. Company shall notify Trustee of its decision to make payment of benefits directly prior to the time amounts are payable to participants or their beneficiaries. In addition, if the principal of the Trust, and any earnings thereon, are not sufficient to make payments of benefits in accordance with the terms of the Plan, Company shall make the balance of each such payment as it falls due. Trustee shall notify Company where principal and earnings are not sufficient.

  • Instructions for Certification - Lower Tier Participants (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

  • Notice to Class Members 7.4.1 No later than three (3) business days after receipt of the Class Data, the Administrator shall notify Class Counsel that the list has been received and state the number of Class Members, PAGA Members, Workweeks, and Pay Periods in the Class Data. 7.4.2 Using best efforts to perform as soon as possible, and in no event later than 14 days after receiving the Class Data, the Administrator will send to all Class Members identified in the Class Data, via first-class United States Postal Service (“USPS”) mail, the Class Notice with Spanish translation, if applicable substantially in the form attached to this Agreement as Exhibit A. The first page of the Class Notice shall prominently estimate the dollar amounts of any Individual Class Payment and/or Individual PAGA Payment payable to the Class Member, and the number of Workweeks and PAGA Pay Periods (if applicable) used to calculate these amounts. Before mailing Class Notices, the Administrator shall update Class Member addresses using the National Change of Address database. 7.4.3 Not later than 3 business days after the Administrator’s receipt of any Class Notice returned by the USPS as undelivered, the Administrator shall re-mail the Class Notice using any forwarding address provided by the USPS. If the USPS does not provide a forwarding address, the Administrator shall conduct a Class Member Address Search, and re-mail the Class Notice to the most current address obtained. The Administrator has no obligation to make further attempts to locate or send Class Notice to Class Members whose Class Notice is returned by the USPS a second time. 7.4.4 The deadlines for Class Members’ written objections, Challenges to Workweeks and/or Pay Periods, and Requests for Exclusion will be extended an additional 14 days beyond the 60 days otherwise provided in the Class Notice for all Class Members whose notice is re-mailed. The Administrator will inform the Class Member of the extended deadline with the re-mailed Class Notice. 7.4.5 If the Administrator, Defendant or Class Counsel is contacted by or otherwise discovers any persons who believe they should have been included in the Class Data and should have received Class Notice, the Parties will expeditiously meet and confer in person or by telephone, and in good faith in an effort to agree on whether to include them as Class Members. If the Parties agree, such persons will be Class Members entitled to the same rights as other Class Members, and the Administrator will send, via email or overnight delivery, a Class Notice requiring them to exercise options under this Agreement not later than 14 days after receipt of Class Notice, or the deadline dates in the Class Notice, which ever are later.