Common use of Pursuant to Section V Clause in Contracts

Pursuant to Section V. E.5 of the Settlement Agreement, individual Track A Awards and Track B Awards are calculated as follows: A. In order to calculate each Class Member’s Final Award(s), the Claims Administrator shall do as follows: 1. First, if the sum total of all Track B Awards exceeds the Track B Cap, a. The Claims Administrator shall divide each Class Member’s Track B Award by the sum total of all Track B Awards to obtain that Class Member’s “Track B Percentage.” b. Then, the Claims Administrator shall multiply each Class Member’s Track B Percentage by the Track B Cap to obtain the Class Member’s “Modified Track B Award.” The Claims Administrator shall then replace the Track B Award indicated in Part V of the Class Member’s Track B Determination Form with his or her Modified Track B Award. This Modified Track B Award shall serve as the Class Member’s “Track B Award” or “Provisional Track B Award” for purposes of this Section. 2. Next, the Claims Administrator shall calculate the Sum of Available Funds and the Sum of Awards. The Sum of Available Funds is the lesser of (a) the sum of the 2010 Funds plus the 2008 Funds, minus the difference between the Fee Award and the product of the cap on Track B Fees set by the Court in Settlement Agreement Section X.A multiplied by the Sum of Provisional Track B Awards (as modified by Appx. Section I.A.1), minus the incurred and anticipated final Implementation Costs, minus the incurred and anticipated Ombudsman Costs; or