Common use of Payments to Settlement Class Members Clause in Contracts

Payments to Settlement Class Members. (a) Defendant shall within five (5) business days following Final Judgment pay or cause to be paid into the Escrow Account the amount of the Settlement Fund (up to (b) Each Settlement Class Member will receive a pro rata payment from the Settlement Fund. The pro rata payment for each Settlement Class Member will be equal to that Settlement Class Member’s Out-of-Pocket Percentage multiplied by the Available Settlement Fund. The Notice will give Settlement Class Members the ability to opt via an Election Form to: (i) receive a Cash Award by Venmo or PayPal; (ii) apply their share of the Settlement Fund to future credits should the Settlement Class Member wish to re-enroll or continue enrollment at UT, provided however that credit issued as part of the settlement must be used no later than the start of the Fall 2023 semester (on August 28, 2023) and, if not used by this time, the credit will expire and no other refund or credit will be provided to such Settlement Class Member regardless of whether they actually use such credit; or (iii) direct their share of the Settlement Fund as a gift to The University of Tampa for deposit into a scholarship fund administered by The University of Tampa for the benefit of its students. Settlement Class Members must submit an Election Form no later than sixty (60) days after the Notice Date. In the event a Settlement Class Member does not submit an Election Form, the Settlement Class Member will receive a Cash Award in the form of a check sent to the Settlement Class Member’s last known address. (c) Payments to all Settlement Class Members shall be made within twenty- eight (28) days after the Effective Date. (d) All Cash Awards issued to Settlement Class Members via check will state on the face of the check that it will expire and become null and void unless cashed within ninety (e) Plaintiffs understand and agree that Plaintiffs and Settlement Class Members would not receive the monies and/or benefits specified in this Agreement, except for Plaintiffs’ execution of this Agreement and the fulfillment of the promises contained herein.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Payments to Settlement Class Members. (a) Within ten (10) days of entry of the Preliminary Approval Order, Defendant shall within five (5) business days following Final Judgment pay or cause to be paid into the Escrow Account the amount sum of Twenty Thousand Dollars ($20,000.00), which shall be used to fund the initial Settlement Administration Expenses to the Settlement Fund (up toAdministrator. (b) Settlement Class Members shall have until the Claims Deadline to submit a Claim Form for approval by the Settlement Administrator as an Approved Claim. Each Settlement Class Member who submits an Approved Claim will receive a pro rata payment from the Settlement Fund. The pro rata payment for each Settlement Class Member will be equal to that Settlement Class Member’s Out-of-Pocket Percentage multiplied by the Available Settlement Fund. The Notice will give Settlement Class Members the ability to opt via an Election Form to: (i) receive a Cash Award by Venmo or PayPal; (ii) apply their share of the Settlement Fund to future credits should the Settlement Class Member wish to re-enroll or continue enrollment at UT, provided however that credit issued as part of the settlement must be used no later than the start of the Fall 2023 semester (on August 28, 2023) and, if not used by this time, the credit will expire and no other refund or credit will be provided to such Settlement Class Member regardless of whether they actually use such credit; or (iii) direct their share of the Settlement Fund as a gift to The University of Tampa for deposit into a scholarship fund administered by The University of Tampa for the benefit of its students. Settlement Class Members must submit an Election Form no later than sixty (60) days after the Notice Date. In the event a Settlement Class Member does not submit an Election Form, the Settlement Class Member will receive a Cash Award in the form of a check sent to the Settlement Class Member’s last known addressPayment. (c) Payments to all Settlement Class Members shall be made within twenty- eight Within seven (287) days after of the Effective Date, Defendant shall deposit into the Escrow Account: (1) The Total Settlement Payments; (2) the Fee Award to Class Counsel; (3) the Incentive Award to Plaintiff; and (4) any amount remaining to fund the Settlement Administration Expenses after deducting the Twenty Thousand Dollars ($20,000.00) payment (or the amount used to fund the Settlement Administration Expense through the Effective Date) referenced in Paragraph 2.1(a), infra. Any amounts remaining in the Settlement Fund after distribution of payments in this section shall revert to Defendant. (d) All Cash Awards issued to ▇▇▇▇▇▇▇ Auto shall provide a Settlement Class Members Member’s social security number, if known, to the Settlement Administrator for settlement administration or tax purposes, upon request and in the event deemed necessary by the Settlement Administrator. (e) The Settlement Administrator shall issue all Settlement Payments via check and will state on the face of the check that it will expire and become null and void unless cashed within ninety ninety (e90) Plaintiffs understand and agree that Plaintiffs and days after the date of issuance. If a check issued to a Settlement Class Members would Member is not receive negotiated within ninety (90) days after the monies and/or benefits specified in this Agreementdate of issuance, except for Plaintiffs’ execution of this Agreement such checks shall, subject to Court approval, be deemed void and the fulfillment of the promises contained herein.such cashed check funds shall revert to Defendant.. DocuSign Envelope ID: F957AB94-7A05-4349-8263-42D5FD3904CD

Appears in 1 contract

Sources: Class Action Settlement Agreement

Payments to Settlement Class Members. (a) Defendant SpinX shall within five (5) business days following Final Judgment pay or cause to be paid into the Escrow Account the amount of the Settlement Fund (up to$285,500.00), specified in Section 1.36 of this Agreement, within ten (b) Settlement Class Members shall have until the Claims Deadline to submit a Claim Form. Each Settlement Class Member with an Approved Claim shall be entitled to a Settlement Payment from the Net Settlement Fund, calculated by the Settlement Administrator, by check or electronic payment. (c) The Settlement Payment will receive a be determined according to the Plan of (d) If the total Approved Claims do not exhaust the Net Settlement Fund under the baseline marginal recovery percentages in the Plan of Allocation, the marginal recovery percentages will be increased pro rata payment so that the Settlement Payments will exhaust or leave only de minimis funds in the Net Settlement Fund. (e) Within thirty (30) days after the Claims Deadline, the Settlement Administrator shall determine proration of amounts due to Settlement Class Members from the Settlement Fund. The pro rata payment for each Settlement Class Member will be equal to that Settlement Class Member’s Out-of-Pocket Percentage multiplied by the Available Settlement Fund. The Notice will give Settlement Class Members the ability to opt via an Election Form to:. (if) receive a Cash Award by Venmo or PayPal; (ii) apply their share Within the later of the Settlement Fund to future credits should the Settlement Class Member wish to re-enroll or continue enrollment at UT, provided however that credit issued as part of the settlement must be used no later than the start of the Fall 2023 semester (on August 28, 2023) and, if not used by this time, the credit will expire and no other refund or credit will be provided to such Settlement Class Member regardless of whether they actually use such credit; or (iii) direct their share of the Settlement Fund as a gift to The University of Tampa for deposit into a scholarship fund administered by The University of Tampa for the benefit of its students. Settlement Class Members must submit an Election Form no later than sixty (60) days after the Notice Date. In Claims Deadline or the event date on which the Final Judgment becomes Final, the Settlement Administrator shall pay from the Settlement Fund all Approved Claims by check or electronic payment, provided, however, that the default payment method will be check, unless a Settlement Class Member does not submit elects for an Election Form, the Settlement Class Member will receive a Cash Award in the form of a check sent to the Settlement Class Member’s last known addresselectronic payment. (c) Payments to all Settlement Class Members shall be made within twenty- eight (28) days after the Effective Date. (dg) All Cash Awards cash payments issued to Settlement Class Members via check will state on the face of the check that it will expire and become null and void unless cashed within ninetyone hundred eighty (180) days after the date of issuance. (eh) Plaintiffs understand In the event that an electronic deposit to a Settlement Class Member is unable to be processed, the Settlement Administrator shall attempt to contact the Settlement Class Member within thirty (30) days to correct the problem. (i) To the extent that a check issued to a Settlement Class Member is not cashed within one hundred eighty (180) days after the date of issuance, or an electronic deposit is unable to be processed one hundred eighty (180) days after the first attempt, such funds shall remain in the Net Settlement Fund and agree that Plaintiffs and shall be apportioned pro rata to participating Settlement Class Members would not receive in a second distribution, if practicable. To the monies and/or benefits specified extent that any second distribution is impracticable, or that any second-distribution funds remain in this Agreementthe Net Settlement Fund after an additional one hundred and eighty (180) calendar days, except for Plaintiffs’ execution such funds shall, subject to Court approval, revert to the Civil Rule 23 Account maintained by the Kentucky IOLTA Fund Board of this Agreement and Trustees pursuant to Supreme Court Rule 3.830(20). (j) No amount paid by Defendant into the fulfillment of Escrow Account shall revert to Defendant unless the promises contained hereinSettlement is terminated in accordance with Section 6.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Payments to Settlement Class Members. (a) Defendant Settlement Class Members shall within five (5) business days following Final Judgment pay or cause have until the Claims Deadline to submit an Approved Claim. Each Settlement Class Member with an Approved Claim shall be paid into the Escrow Account the amount entitled to receive a Cash Payment of the Settlement Fund (up to$14.86 USD. (b) All Cash Payments shall be subject to the Settlement Benefit Cap of $4,995,000. (c) Each Settlement Class Member will receive a pro rata payment from the Settlement Fund. The pro rata payment his or her Cash Payment via check with checks for each Settlement Class Member will be equal to that Settlement Class Member’s Out-of-Pocket Percentage multiplied by the Available Settlement Fund. The Notice will give Settlement Class Members the ability to opt Cash Payments being sent via an Election Form to: (i) receive a Cash Award by Venmo or PayPal; (ii) apply their share of the Settlement Fund to future credits should the Settlement Class Member wish to re-enroll or continue enrollment at UT, provided however that credit issued as part of the settlement must be used no later than the start of the Fall 2023 semester (on August 28, 2023) and, if not used by this time, the credit will expire and no other refund or credit will be provided to such Settlement Class Member regardless of whether they actually use such credit; or (iii) direct their share of the Settlement Fund as a gift to The University of Tampa for deposit into a scholarship fund administered by The University of Tampa for the benefit of its students. Settlement Class Members must submit an Election Form no later than sixty (60) days after the Notice Date. In the event a Settlement Class Member does not submit an Election Form, the Settlement Class Member will receive a Cash Award in the form of a check sent first class U.S. mail to the Settlement Class Member’s last known addressMembers who submitted such Approved Claims. (cd) Within fourteen (14) days of the Final Judgment, Defendant shall establish a fund containing its anticipated payment of any Approved Claims for Cash Payments (the “Cash Payment Fund”). Within ten (10) days of the Effective Date, Defendant shall wire the proceeds of the Cash Payment Fund to the Settlement Administrator for distribution to Settlement Class Members. Payments to all Settlement Class Members with Approved Claims shall be made within twenty- eight thirty (2830) days after the Effective Date. (de) All Cash Awards cash payments issued to Settlement Class Members via check will state on the face of the check that it will expire and become null and void unless cashed within ninety one hundred and eighty (e180) Plaintiffs understand and agree that Plaintiffs and days after the date of issuance. Those Settlement Class Members would whose cash benefit checks are not cleared within one hundred eighty (180) days after issuance will be ineligible to receive a cash settlement benefit and Defendant will have no further obligation to make any payment pursuant to this Settlement Agreement or otherwise to such Settlement Class members. Unpaid funds from uncleared checks will revert back to Defendant. (f) A maximum of one claim, submitted on a single Claim Form, may be submitted by each Settlement Class Member. An Approved Claim must confirm that the monies and/or benefits specified in this Agreementclaimant applied for a quote for a term life insurance policy through ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇, except for Plaintiffs’ execution of this Agreement and ▇▇▇.▇▇▇▇▇▇.▇▇▇, ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ during the fulfillment of the promises contained hereinClass Period.

Appears in 1 contract

Sources: Class Action Settlement Agreement

Payments to Settlement Class Members. (a) Defendant TD SYNNEX shall within five (5) business days following Final Judgment pay or cause to be paid into the Escrow Account the amount of the Settlement Fund (up to$1,649,000.00) within twenty-one (21) days after the entry of the Preliminary Approval Order. (b) Each The Settlement Class Member will receive Administrator shall issue a pro rata payment distribution of the Net Settlement Fund to all Settlement Class Members who are successfully delivered Notice and who do not timely exclude themselves from the Settlement FundClass. The pro rata payment for each Settlement Class Member will be equal This distribution to that Settlement Class Member’s Out-of-Pocket Percentage multiplied by the Available Settlement Fund. The Notice will give Settlement Class Members the ability to opt via an Election Form to: (i) receive a Cash Award by Venmo or PayPal; (ii) apply their share of the Settlement Fund to future credits should the Settlement Class Member wish to re-enroll or continue enrollment at UT, provided however that credit issued as part of the settlement must be used no later than the start of the Fall 2023 semester (on August 28, 2023) and, if not used by this time, the credit will expire and no other refund or credit will be provided to such Settlement Class Member regardless of whether they actually use such credit; or (iii) direct their share of the Settlement Fund as a gift to The University of Tampa for deposit into a scholarship fund administered by The University of Tampa for the benefit of its students. Settlement Class Members must submit an Election Form no later than sixty (60) days after the Notice Date. In the event a Settlement Class Member does not submit an Election Form, the Settlement Class Member will receive a Cash Award in the form of a check sent mailed for Settlement payments to each Settlement Class Members’ last known address as reflected by TD SYNNEX’s records, or to an alternate address for any Settlement Class Member as determined by the Settlement Class Member’s last known addressAdministrator pursuant to Paragraph 4.1 of this Agreement. (c) Payments to all Settlement Class Members shall be made within twenty- eight Within ten (2810) days after of the Effective Date., the Settlement Administrator shall pay: (1) the settlement payments to Settlement Class Members; (2) the Fee Award to Class Counsel, if any; (3) the Incentive Award to Plaintiff, if any; (4) the Settlement Administration (d) TD SYNNEX shall provide a Settlement Class Member’s social security number to the Settlement Administrator for settlement administration/tax purposes upon request and in the event deemed necessary by the Settlement Administrator, to the extent TD SYNNEX is in possession of such information. (e) All Cash Awards checks issued to Settlement Class Members via check will state on the face of the check that it will expire and become null and void unless cashed within ninety ninety (e90) Plaintiffs understand and agree that Plaintiffs and days after the mailing date. If a check issued to a Settlement Class Members would Member is not receive negotiated within ninety (90) days after the monies and/or benefits specified in this Agreementmailing date, except for Plaintiffs’ execution of this Agreement such funds shall be voided and shall be given to a court-appointed charity as cy pres. Such cy pres payment shall be made 120 days after the fulfillment of the promises contained hereinEffective Date.

Appears in 1 contract

Sources: Class Action Settlement Agreement