Common use of Settlement Class Member Payments Clause in Contracts

Settlement Class Member Payments. Each Settlement Class Member who does not elect to opt-out as set forth below in Paragraph 19 shall be eligible under this Agreement for a cash payment (the “Settlement Class Member Payment”) for each call that was received from Wholesale between October 22, 2014 through November 17, 2023 as described in the Settlement Class definition set forth below in Paragraph 23 (an “Eligible Call”). Each Settlement Class Member Payment will be in an amount equal to the “Net Settlement Fund” divided by all Eligible Calls that were made to Settlement Class Members who timely and validly submit a claim as described below, up to a maximum of Five Thousand Dollars ($5,000) for each Eligible Call. “Net Settlement Fund” means the Settlement Fund less the amount of attorneys’ fees and costs awarded to Class Counsel, incentive awards awarded to Plaintiffs, and any Settlement Administration Costs in excess of $200,000 as provided in Paragraph 10 below. Settlement Class Members who received multiple Eligible Calls are entitled to a Settlement Class Member Payment for each Eligible Call and the Settlement Administrator may include all Settlement Class Member Payments for any such Settlement Class Member in a single settlement check.

Appears in 1 contract

Sources: Settlement Agreement

Settlement Class Member Payments. Each Settlement Class Member who does not elect to opt-out be excluded as set forth below in Paragraph 19 18 shall be eligible under this Agreement for a cash payment (the “Settlement Class Member Payment”) for each call that was received from Wholesale between October 22, 2014 through November 17, 2023 as described in is covered under the Settlement Class settlement class definition set forth below in Paragraph 23 22 (an “Eligible Call”). Each Settlement Class Member Payment will be in an amount equal to the “Net Settlement Fund” divided by all Eligible Calls that were made to Settlement Class Members who timely and validly submit a claim as described belowbelow in Paragraph 3, up to a maximum of Five Thousand Dollars ($5,000) for each Eligible Call. “Net Settlement Fund” means the Settlement Fund less the amount of attorneys’ fees and costs awarded to Settlement Class Counsel, incentive awards awarded to Plaintiffs, and any Settlement Administration Costs in excess of $200,000 (as provided defined in Paragraph 10 below9). Settlement Class Members who received multiple Eligible Calls are entitled to a Settlement Class Member Payment for each such Eligible Call to that Settlement Class Member and the Settlement Administrator may include all Settlement Class Member Payments for any such Settlement Class Member in a single settlement check.

Appears in 1 contract

Sources: Settlement Agreement