Settlement Payments to Class Members Sample Clauses

Settlement Payments to Class Members. 5.3.1. Class Members may submit one claim per Class Member to receive a distribution from the Settlement Fund according to the Plan of Allocation. 5.3.2. The Plan of Allocation will divide the portion of the Settlement Fund to be distributed to Class Members into a total number of pro rata shares equal to the sum of the number of Nationwide Class Members who submit a valid claim and a multiple between three (3) and ten (10) of the number of Illinois Subclass Members who submit a valid claim. Individual counsel representing the Illinois Subclass Members and individual counsel for the Nationwide Class Members will mediate the allocation multiplier before the ▇▇▇. ▇▇▇▇ ▇▇▇▇▇▇▇▇ (▇▇▇.) after confirmatory discovery is completed and before the Plan of Allocation is submitted to the Court. It is not a condition of the Agreement that any particular multiplier be approved by the Court. Class Representatives and Class Counsel may not terminate this Agreement based on the Court’s modification of the allocation multiplier. 5.3.3. For feasibility and fraud-prevention reasons, distributions to Class Members will be made by electronic payment. If any Class Member cannot receive an electronic payment, the Settlement Administrator will provide an alternative form of payment. 5.3.4. The method for submitting a claim and for receiving a distribution will be described and provided in the Notice Plan after consultation with the Settlement Administrator. Class Members will be required to prove eligibility by means reasonably resistant to fraud to be mutually agreed upon by the parties after consultation with the Settlement Administrator. 5.3.5. To submit a claim, Class Members must provide to the Settlement Administrator at least (i) the Class Member’s full name, address, email address, mobile telephone number(s) for the Class Member’s device(s) used to access the App, and any and all TikTok user names used by the Class Member; (ii) an attestation confirming they meet the eligibility requirements to be a Class Member; (iii) information sufficient for the Settlement Administrator to make a distribution to the Class Member by the electronic means described in the Notice Plan (unless the Class Member opts for an alternative for of payment); and (iv) a statement under penalty of perjury that the Class Member has not submitted more than one claim and that the information they submit is correct. 5.3.6. Class Members with valid claims who fail to provide sufficient or correct informat...
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Settlement Payments to Class Members. After all payments are made out of the Gross Cash Fund for the items listed in Section 2.1(a)-(c) of this Settlement Agreement, the Net Cash Fund shall be distributed to Authorized Claimants. To be eligible for a Settlement Payment from the Net Cash Fund, a Class Member must submit a Claim Form signed under penalty of perjury stating, among other things, that he/she did not knowingly authorize his/her enrollment in the Membership Program(s) for which he/she was charged and did not take advantage of any of the benefits of the Membership Program(s) other than the dollar-off-code for a future Provide Commerce website purchase. Only Class Members who were actually enrolled in a Membership Program and were charged at least the activation fee and one monthly membership fee are eligible to receive a Settlement Payment from the Net Cash Fund. No Class Member will be entitled to receive a Settlement Payment from the Net Cash Fund to the extent he/she already received a refund or chargeback of the monthly membership fees he/she paid or to the extent he/she was enrolled but was not charged a monthly membership fee at all. Class Members who used or requested a benefit, directory, or other service provided through any of the Membership Programs other than the dollar-off-code for a future Provide Commerce website purchase (including, but not limited to, cash back on gift cards, travel and/or leisure discounts, discounted movie or theme park tickets or free concierge services), are not eligible to receive a Settlement Payment from the Net Cash Fund. The amount to be received by an Authorized Claimant will depend upon the number of claims submitted and dollar value of such claims, and shall be up to, but not more than, the amount of monthly fees the Authorized Claimant paid for Membership Program(s) less any full or partial refund the Authorized Claimant previously received. Depending upon the number of claims received and the dollar value of such claims, the Net Settlement Fund may be sufficient to pay all Authorized Claimants for the full amount of their claims. If the claims submitted exceed in dollar amount the amount of the Net Cash Fund, Authorized Claimants’ payments will be reduced on a pro-rated basis, such that the total number and dollar value of all Authorized Claimants’ claims shall not exceed the amount of the Net Cash Fund. If the Court approves the Settlement of this Action, Defendants, through the Claims Administrator, must mail the Settlement Payments fr...
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Settlement Payments to Class Members. The allocation to Class Members who submit timely and valid Claim and Opt-In Forms will be made from the Net Settlement Fund. The Net Settlement Fund, as defined above, is calculated as $3,242,000.00. The proportionate share of the Net Settlement Fund for each Class Member who submits a timely and valid Claim and Opt-In Form will be determined by Class Counsel pursuant to the following formula: (1) Using the Allscripts data and Supplemental Allscripts Data produced by Defendants, Class Counsel will calculate (i) the number of work weeks between April 16, 2011 and February 1, 2016 during which each Class Member met his or her minimum full-time productivity expectation of at least 28 visits per week for registered nurses and 25 visits per week for physical therapists and occupational therapists according to visits recorded in Allscripts; and (ii) the number of work weeks between April 16, 2011 and February 1, 2016 during which each Class Member recorded more than forty (40) hours of work in Allscripts. (2) Class Counsel will determine which, if any, Class Members have no work weeks in the Allscripts data set where he or she met minimum productivity expectations or recorded more than forty (40) hours of work. (3) Class Counsel will calculate the total number of relevant work weeks for the settlement as the sum of the greater of the two work week calculations for each Class Member described above in Paragraph 62(c)(1) and one week for each Class Member identified above in Paragraph 62(c)(2). (4) Class Counsel will then determine each Class Member’s proportionate share of the total relevant work weeks for the Settlement. Each Class Member’s proportionate share of the total relevant work weeks, along with the Class Member’s effective hourly rate, will then be applied to the Net Settlement Fund to calculate the estimated allocation to the Class Member if that Class Member submits a timely and valid Claim and Opt-In Form, inclusive of the Enhanced Settlement Payment to Pre-Settlement Opt-In Plaintiffs described in Paragraph 62(d) below. These are gross amounts, subject to applicable tax withholdings as discussed below.
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Settlement Payments to Class Members. 6.2.1. Class Members may submit one claim per Class Member to receive by electronic payment a potential pro rata distribution of the Settlement Fund remaining after payment of Notice Plan and administration expenses, taxes, any Fee Award, and any Incentive Awards. 6.2.2. The method for submitting a claim and for receiving a distribution by electronic payment will be described and provided in the Notice Plan after consultation with the Settlement Administrator. 6.2.3. To submit a claim, Class Members must provide to the Settlement Administrator (i) their name, residential address, and email address; (ii) an attestation confirming they meet the eligibility requirements to be a Class Member; (iii) information sufficient for the Settlement Administrator to make a distribution to the Class Member by the electronic means described in the Notice Plan; and (iv) a statement under penalty of perjury that they have not submitted more than one claim and that the information they submit is true and correct. 6.2.4. Class Members with valid claims who fail to provide sufficient or correct information or fail to submit a valid claim within the time period identified in the Notice Plan relinquish their right to any payment from the Settlement Fund. 6.2.5. The Settlement Administrator shall review all claims to determine their validity. The Settlement Administrator may reject any claim that does not comply in any material respect with the instructions in the Notice Plan; is not submitted by a Class Member; is a duplicate of another claim; is determined to be a fraudulent claim; or is submitted after the deadline for claims. The decision of the Settlement Administrator shall be final as to the determination of the Claimant’s recovery. 6.2.6. Late claims may be considered if deemed appropriate by the Settlement Administrator in consultation with Class Counsel, or if ordered by the Court. 6.2.7. Claims of Class Members that are deemed valid shall be paid out to Class Members by the Settlement Administrator beginning 14 days after the Effective Date, or as soon thereafter as is reasonably practical.
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Settlement Payments to Class Members. Each settlement class member who has submitted a valid and timely claim form will receive compensation as set forth in the Agreement. Each settlement check will be void one-hundred twenty days after issuance. The settlement class members were given an opportunity to object to the settlement. settlement class members objected to the settlement or the requests for attorneys’ fees, costs, expenses, or an incentive award. settlement class members made a valid and timely request for exclusion. This order is binding on all settlement class members, except the following individuals who made valid and timely requests for exclusion: • [names]; Plaintiff, settlement class members, and their successors and assigns are permanently barred from pursuing, either individually or as a class, or in any other capacity, any of the released claims against any of the released parties, as set forth in the Agreement. Pursuant to the release contained in the Agreement, the released claims are compromised, settled, released, and discharged, by virtue of these proceedings and this order. This final order and judgment bars and permanently enjoins Plaintiff and all members of the settlement class from (a) filing, commencing, prosecuting, intervening in or participating as a plaintiff, claimant or class member in any other lawsuit, arbitration or individual or class action proceeding in any jurisdiction (including by seeking to amend a pending complaint to include class allegations or seeking class certification in a pending action), asserting the released claims, and
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Settlement Payments to Class Members. Each settlement class member who submitted a valid and timely claim form will receive compensation as set forth in the Agreement. Each settlement check will be void one-hundred twenty days after issuance.
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Settlement Payments to Class Members. The second form of distribution shall consist of cash Settlement Payments to Authorized Claimants. Class Members will recover through a claims made process. The amount of each Class Member’s potential recovery will be determined by a formula so that the aggregate recovery for all Class Members equals the amount of the Settlement Consideration less any Enhancements, as set forth above, Class Counsel’s Fee Award (including costs) as set forth in Section VIII.K below, the 5% contingency amount, and any excess Administrative Costs above $50,000 not satisfied from the 5% contingency and any unclaimed settlement funds (to be deducted in accordance with Section VIII.H.2, below). Applying the formula, Store Managers (including Coaching Store Managers) will be awarded approximately $118.40 for each week worked during the Class Period; Senior Assistant Managers will be awarded approximately $95.94 for each week worked during the Class Period; and Assistant Managers will be awarded approximately $68.60 for each week worked during the Class Period. Amounts paid to Class Members for partial weeks worked will be prorated based on a five-day work week. Any amounts not claimed by Class Members shall remain the property of AnnTaylor in accordance with Section IV of this Stipulation. AnnTaylor will provide the Settlement Administrator with sufficient information to make its calculations to comply with these distributional requirements. Where necessary due to any gap in the records, the data necessary to perform the foregoing calculations will be extrapolated from AnnTaylor’s existing data. AnnTaylor certifies that the data and estimates previously provided to and used by Plaintiffs’ counsel to prepare the distribution formulas are accurate to the best of its knowledge based on available company records.
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Settlement Payments to Class Members. Notice costs, claims administration costs (including the costs of identifying 5 Class Members), and taxes or tax administration costs related to interest earned on the 6 Settlement Funds (collectively, the “Administration Costs”);
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Settlement Payments to Class Members. Each settlement class member who has submitted a valid and timely claim form will receive compensation as set forth in the Agreement. Each settlement check will be void one-hundred twenty days after issuance. The settlement class members were given an opportunity to object to the settlement. settlement class members objected to the settlement. settlement class members made a valid and timely request for exclusion. This order is binding on all settlement class members, except the following individuals who made valid and timely requests for exclusion: . Plaintiff, settlement class members, and their successors and assigns are permanently barred from pursuing, either individually or as a class, or in any other capacity, any of the released claims against any of the released parties, as set forth in the Agreement. Pursuant to the release contained in the Agreement, the released claims are compromised, settled, released, and discharged, by virtue of these proceedings and this order. This final order and judgment bars and permanently enjoins Plaintiff and all members of the settlement classes from (a) filing, commencing, prosecuting, intervening in or participating as a plaintiff, claimant or class member in any other lawsuit, arbitration or individual or class action proceeding in any jurisdiction (including by seeking to amend a pending complaint to include class allegations or seeking class certification in a pending action), relating to the released claims, and
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Related to Settlement Payments to Class Members

  • Settlement Class In the event of such dispute, the party raising the dispute shall be limited to seeking declaratory relief, and to no other form of relief. The declaratory relief available as to any such dispute shall be limited to deciding whether (y) the putative buying group is a properly organized bona fide buying group that complies with the requirements of this Paragraph, and/or (z) whether Visa negotiated in good faith with the putative buying group. The parties, including all members of the Rule 23(b)(2) Settlement Class, waive all rights to appeal from any such determinations. Upon resolution of the dispute by the Court, the losing party shall be responsible for all attorneys’ fees and expenses of the prevailing party unless the Court determines that the circumstances make such an award unjust.

  • Settlement Payments On the first Business Day of each month (“Interest Settlement Date”), Agent will advise each Lender by telephone, fax or telecopy of the amount of such Lender’s share of interest and fees on the Loans as of the end of the last day of the immediately preceding month. Provided that such Lender has made all payments required to be made by it under this Agreement, Agent will pay to such Lender, by wire transfer to such Lender’s account (as specified by such Lender in writing to Agent) not later than 3:00 p.m., New York City time, on the next Business Day following the Interest Settlement Date, such Lender’s share of interest and fees on the Loans. Such Lender’s share of interest on the Loans will be calculated by adding together the Daily Interest Amounts for each calendar day of the prior month for the Loan and multiplying the total thereof by the Interest Ratio for the Loan. Such Lender’s share of the Unused Line Fee payable under Section 3 of the Schedule for a month shall be an amount equal to (a)(i) such Lender’s Pro Rata Share of the Maximum Credit Limit during such month, less (ii) such Lender’s average Daily Loan Balance of the Loans for such month, multiplied by (b) the percentage specified regarding the Unused Line Fee in Section 3 of the Schedule. Such Lender’s share of all other fees paid to Agent for the benefit of Lenders hereunder shall be paid and calculated based on such Lender’s Pro Rata Share of the Total Credit Exposure, except that the Loan Fee payable under Section 3 of the Schedule shall be allocated $400,000 to Ally and $100,000 to PWB. To the extent Agent does not receive the total amount of any fee owing by Borrowers under this Agreement, each amount payable by Agent to a Lender under this Section 8A.3(A)(3) with respect to such fee shall be reduced on a pro rata basis based on their Pro Rata Share. Any funds disbursed or received by Agent pursuant to this Agreement, including, without limitation, under Sections 8A.2, 8A.3(A)(1), and 8A.4, prior to the Settlement Date for such disbursement or payment shall be deemed advances or remittances by Ally, in its capacity as a Lender, for purposes of calculating interest and fees pursuant to this Section 8A.3(A)(3).

  • Settlement Class Certification The Settling Parties agree, for purposes of this settlement only, to the certification of the Settlement Class. If the settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement, and the certification of the Settlement Class provided for herein, will be vacated and the Litigation shall proceed as though the Settlement Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Settlement Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case or action, as to which all of their rights are specifically preserved.

  • 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.

  • Settlement Payment If the resulting net amount is positive, it shall be payable by the Defaulting Party to the Non-Defaulting Party, and if it is negative, then the absolute value of such amount shall be payable by the Non-Defaulting Party to the Defaulting Party.