Plan of Allocation Sample Clauses

Plan of Allocation. 6.1 After the Settlement Effective Date, the Settlement Administrator shall cause the Net Settlement Amount to be allocated and distributed to Current Participants, Authorized Former Participants, and their Beneficiaries or Alternate Payees, in accordance with the Plan of Allocation set forth in this Article 6 and as ordered by the Court. 6.2 To be eligible for a distribution from the Net Settlement Amount, a person must be a Current Participant, an Authorized Former Participant, or a Beneficiary or Alternate Payee of such a person. 6.2.1 Current Participants shall receive their Settlement payments as contributions to one or more of their accounts in the Plans, as provided in Paragraph 6.4, unless the Current Participant is a Zero Account Balance Current Participant entitled to a payment by check in accordance with Paragraph 6.5. 6.2.2 Authorized Former Participants shall receive their Settlement payments in the form of a check, as provided in Paragraph 6.6 below. 6.2.3 Beneficiaries shall receive payments by check in amounts corresponding to their entitlement as beneficiaries of the Current Participant or of the Authorized Former Participant with respect to which the payment is made. Alternate Payees shall receive payments by check if and to the extent they are entitled to receive a portion of a Current Participant’s or Authorized Former Participant’s allocation under this Article 6 in accordance with the terms of the applicable Qualified Domestic Relations Order on file with the Plans’ recordkeepers. The Settlement Administrator shall have sole and final discretion to determine the amounts to be paid to Beneficiaries and Alternate Payees in accordance with the Plan of Allocation set forth in this Article 6 and as ordered by the Court, and the Settling Parties shall have no liability for such determinations.

Plan of Allocation. 6.1 After the Settlement Effective Date, the Settlement Administrator shall cause the Net Settlement Amount to be allocated and distributed to the Authorized Former Participants as set forth in Paragraph 6.6 below, and to the Plans for distribution to the accounts of Current Participants as set forth in Paragraph 6.5 below, both in accordance with the Plan of Allocation set forth in this Article 6 and as ordered by the Court. 6.2 To be eligible for a distribution from the Net Settlement Amount, a person must be a Current Participant or an Authorized Former Participant, or a Beneficiary or Alternate Payee of such a person. Current Participants shall receive their settlement payments as contributions to the 6.3 Beneficiaries will receive settlement payments as described in this Article 6 in amounts corresponding to their entitlement as beneficiaries of the Current Participant or of the Authorized Former Participant with respect to which the payment is made. This includes settlement payments to Beneficiaries determined by the participant’s Plan accounts during the Class Period and/or by the Beneficiary’s own Plan accounts during the Class Period if an account was created in the Plans for the Participant’s Beneficiary. Alternate Payees will receive settlement payments if and to the extent they are entitled to receive a portion of a Current Participant’s or Authorized Former Participant’s allocation under this Article 6 pursuant to the terms of the applicable Qualified Domestic Relations Order. Beneficiaries and Alternate Payees with Active Accounts as of the date of the Motion for Preliminary Approval will receive payments by the method described in this Article 6 for Current Participants, subject to Paragraph 6.5.6 below. Beneficiaries and Alternate Payees who do not have Active Accounts as of the date of the Motion for Preliminary Approval will receive payments by the method described in this Article 6 for Authorized Former Participants. The Settlement Administrator shall have sole and final discretion to determine the amounts to be paid to Beneficiaries and Alternate Payees in accordance with the Plan of Allocation set forth in this Article 6 and as ordered by the Court.

Plan of Allocation. 6.1 After the Settlement Effective Date, the Settlement Administrator shall cause the Net Settlement Amount to be allocated and distributed to the Authorized Former Participants and to the Plan for distribution to the Current Participants in accordance with the Plan of Allocation set forth in this Article 6 and as ordered by the Court. 6.2 To be eligible for a distribution from the Net Settlement Amount, a person must be a Current Participant or an Authorized Former Participant, Beneficiary, or Alternate Payee of such a person. Current Participants shall receive their settlement payments as contributions to their Plan accounts as described in this Article 6 unless, as of the date of the settlement payments, they no longer have an account in the Plan. Authorized Former Participants shall receive their settlement payments in the form of checks as described in this Article 6. 6.3 Beneficiaries will receive checks as described in this Article 6 in amounts corresponding to their entitlement as Beneficiaries of the Current Participant or of the Authorized Former Participant with respect to which the payment is made. Alternate Payees will receive checks if and to the extent they are entitled to receive a portion of a Current Participant’s or Authorized Former Participant’s allocation under this Article 6 pursuant to the terms of the applicable Qualified Domestic Relations Order. The Settlement Administrator shall have sole and final discretion to determine the amounts to be paid to Beneficiaries and Alternate Payees in accordance with the Plan of Allocation set forth in this Article 6 and as ordered by the Court.

Plan of Allocation. 6.1 After the Settlement Effective Date, the Settlement Administrator shall cause the Net Settlement Amount to be allocated and distributed to Authorized Former Participants and those Current Participants covered by Paragraphs 6.5, 6.6, and

Plan of Allocation. 2 Each Settlement Payment will be comprised of (1) a Base Payment Amount, (2) plus a 3 Supplemental Payment Amount, (3) minus the Settlement Class Member’s share of any Fee 4 Award, incentive awards to the Class Representatives, and Settlement Administration Expenses.

Plan of Allocation. The distribution of the Net Settlement Fund to the Settlement Class members shall be made in accordance with the Plan of Allocation to be proposed by Class Counsel and approved by the Court. 12.4.1. Prior to submission to the Court along with a motion for entry of the Preliminary Approval Order, Plaintiffs shall provide a copy of the Plan of Allocation to Defendants for review and comment. Defendants shall have no responsibility or liability for calculating the amounts payable to the Settlement Class members. Nor shall Defendants have any responsibility or liability for distributing the Net Settlement Fund to the Settlement Class members. 12.4.2. Any and all expenses of the implementation of the Settlement and of the Plan of Allocation shall be paid from the Qualified Settlement Fund. 12.4.3. Notwithstanding anything in this Amended Settlement Stipulation to the contrary, the Plan of Allocation is a matter separate and apart from the Settlement between the Parties, and no decision by the Court concerning the Plan of Allocation shall affect the validity of the Amended Settlement Stipulation or finality of the proposed Settlement in any manner. 12.4.4. The Settlement Administrator shall be responsible for implementing the Plan of Allocation. Upon the calculations being completed and reviewed by Class Counsel: (a) Class Counsel shall direct the Settlement Administrator to provide the calculations to the Recordkeeper and Trustee, as defined in the Plan of Allocation; and (b) Class Counsel shall seek the Court’s approval to distribute the Net Settlement Fund in accordance with the Amended Settlement Stipulation and the Plan of Allocation. 12.4.5. In the event that Defendants or Class Counsel determine that it is necessary to modify the Plan of Allocation, Class Counsel and Defendants shall jointly discuss such modification and determine whether the modification is reasonable and appropriate under the circumstances. The Parties will jointly petition the Court for approval of any such material modification. 12.4.6. All inquiries by Settlement Class members concerning the amount distributed to a particular Settlement Class member shall be handled in the first instance by Class Counsel. Class Counsel and Defendants shall work cooperatively to resolve any such inquiries.

Plan of Allocation. Neither Defendants nor their counsel have any responsibility for the Plan of Allocation or any application for attorneys’ fees or expenses submitted by Class Counsel or Class Representatives, and these matters shall be considered separately from the fairness, reasonableness and adequacy of the Settlement.

Plan of Allocation. All payments of Settlement compensation to Settlement Class Members shall be made from the Settlement Fund after all costs of Settlement administration (including, but not limited to, costs related to the Phase I Notice and Phase II Notice, the fees and expenses of the Settlement Administrator as approved by the Court, and the Fee and Disbursements Award as approved by the Court), are deducted from the Settlement Fund. If the total of the timely, valid and approved Claims submitted exceeds the available relief, minus any covered costs and expenses, each Settlement Class Member’s award shall be reduced on a pro rata basis. If the total of the timely, valid and approved Claims is less than the available relief, minus any covered costs and expenses, each Settlement Class Member’s award shall be pro rata increased to no more than two- times the value of the timely, valid and approved Claim absent any further written agreement by the Parties. After such distribution(s), the Settlement Administrator shall pay the Unpaid Funds, if any, to the Cy Pres Recipient.

Plan of Allocation. The Net Settlement Amount will be distributed according to the following Plan of Allocation, subject to Court approval. The Net Settlement Amount shall be allocated to Claimants who submit valid Claim Forms during the Claim Period establishing that they purchased, owned, or used a Siri Device, and that they experienced an unintended Siri activation during a confidential or private communication.