The Settlement Amount Clause Samples
The Settlement Amount clause defines the total sum that one party must pay to the other to resolve all outstanding obligations under an agreement, typically following an event of default or early termination. This clause outlines how the amount is calculated, often by considering the value of terminated transactions, any unpaid amounts, and potential costs or gains resulting from the early closure. Its core practical function is to provide a clear, agreed-upon method for quantifying financial obligations, thereby reducing disputes and ensuring both parties understand their financial exposure in the event of contract termination.
The Settlement Amount. 2.1 OneMain and/or OneMain’s insurers, on behalf of all Defendants, shall pay or cause to be paid the Settlement Amount by wire transfer or check sent by overnight mail in accordance with instructions to be provided by the Escrow Agent within fourteen (14) calendar days of the entry of an order granting preliminary settlement approval. Alternatively, if the entire Settlement Amount is not timely paid to the Escrow Agent, Lead Counsel may terminate the Settlement but only if (i) Lead Counsel have notified Defendants’ Counsel in writing of Lead Counsel’s intention to terminate the Settlement, and (ii) the entire Settlement Amount is not transferred to the Escrow Agent within three (3) calendar days after Lead Counsel have provided such written notice. The Escrow Agent shall deposit the Settlement Amount plus any accrued interest in a segregated escrow account (the “Escrow Account”) maintained by the Escrow Agent. No other Defendant shall be responsible for the Settlement Amount.
2.2 The obligations incurred pursuant to this Stipulation shall be in full and final disposition and settlement of all Released Claims. The Settlement Amount paid by OneMain and/or its insurers on behalf of the Defendants is the sole monetary responsibility of the Released Persons under this Stipulation, and Releasing Plaintiff Parties who do not timely seek to exclude themselves from the Class shall not look to any of the Defendants or their respective Related Parties for satisfaction of any and all Released Claims. The Released Persons are not responsible for payment of Notice and Administration Expenses as defined below, or any out-of-pocket expenses, other than out of the Settlement Amount, as provided herein. The Released Persons shall have no responsibility for, interest in, or liability whatsoever with respect to: (i) any act, omission, or determination by Lead Counsel or the Claims Administrator, or any of their respective designees, in connection with the administration of the Settlement or otherwise;
The Settlement Amount. (as defined in Clause 4.1.1) will be funded by Ageas and by the proceeds from certain insurance policies for the benefit of its (former) directors and officers. The Settlement Amount less such insurance proceeds will be paid by Ageas in order to settle all claims and to be released of any potential liability towards Eligible Shareholders in connection with the Events (if any).
The Settlement Amount. 24 a) In consideration of all of the promises and agreements set forth in this 25 Agreement, Safeway and Aon will each pay, or cause to be paid, the Settlement Amount 26 applicable to it, as specified in Section 1.46. None of the other Defendant Released Parties 27 shall have any obligation to contribute financially to this Settlement. It is understood and 28 agreed by the Parties that, by paying the Settlement Amount, Defendants do not agree with 1 or in any way admit, and shall not be deemed to agree with or in any way admit, any of 2 Plaintiffs’ or Class Counsel’s theories regarding Defendants’ liability in the Actions, 3 including that any of Defendants’ prior or existing actions or practices are in violation of any 4 federal or state laws, statutes, or regulations. Prior to the execution of this Agreement, 5 Plaintiffs will provide a completed W-9 and wire instructions and an address for the 6 institution where the Settlement Amount will be paid.
7 b) Safeway and Aon each shall pay, or cause to be paid, its portion of the 8 Settlement Amount as set forth in section 1.46 in two segments, and the total funding, in the 9 aggregate, together with any interest and investment earnings thereon, shall constitute the 10 “Settlement Fund.” First, Safeway shall pay, or cause to be paid, $200,000 of the Settlement 11 Amount and Aon shall pay, or cause to be paid, $10,000, with those amounts to be deposited 12 by wire transfer into the Escrow Account within fifteen (15) calendar days of the entry of 13 the Preliminary Approval Order to fund any Administration Costs and Independent 14 Fiduciary Fees and Costs that arise before the Court’s entry of the Final Approval Order and
The Settlement Amount. 2.1 Lexmark shall cause its insurers, on behalf of all Defendants, to pay the Settlement Amount of $12,000,000.00 by wire transfer or check sent by overnight mail in accordance with instructions to be provided by the Clerk of the Court within twenty-one (21) calendar days of the entry of an order granting preliminary settlement approval. The Settlement Amount shall be paid by means of check(s) or money order(s) made out to the Clerk of the Court, with a cover letter identifying Lexmark International, Inc. as a Defendant in this Litigation, setting forth the title and civil action number of this Litigation, and the name of the Court, and specifying that payment is made pursuant to the order preliminarily approving the Settlement. The Clerk of the Court shall deposit the funds into an interest bearing account with the ▇▇▇▇. These funds, together with any interest and income earned thereon shall constitute the Settlement Fund. In accordance with 28 U.S.C. § 1914 and the guidelines set by the Director of the Administrative Office of the United States Courts, the Clerk of the Court is directed, without further order of this Court, to deduct from the income earned on the money in the Settlement Fund a fee equal to ten percent of the income earned on the money in the Settlement Fund. Such fee shall not exceed that authorized by the Judicial Conference of the United States. The Clerk of the Court shall provide to Lead Counsel the monthly statement of interest earned by the Settlement Fund. The Settlement Fund shall be held by the ▇▇▇▇ until further order of the Court, except that prior to the time the Court enters the Judgment, $250,000 may be drawn upon the ▇▇▇▇ account to pay Notice and Administration Expenses. If the entire Settlement Amount is not timely paid to the Clerk of the Court, Lead Counsel may terminate the Settlement but only if: (i) Lead Counsel has notified Defendants’ Counsel in writing of Lead Counsel’s intention to terminate the Settlement; and (ii) the entire Settlement Amount has not been transferred to the Clerk of the Court within ten (10) calendar days after Lead Counsel provides such written notice.
2.2 The obligations incurred pursuant to this Stipulation shall be in full and final disposition and settlement of all Released Claims. The Settlement Amount paid by Lexmark’s insurers on behalf of the Defendants is the sole monetary responsibility under this Stipulation, and Class Members who do not timely seek to exclude themselves from the C...
The Settlement Amount. 2.1 In consideration of the Released Claims and other consideration granted to them in the Settlement, Settling Defendants ▇▇▇▇, ▇▇▇▇▇▇▇, and ▇▇▇▇▇ shall cause their insurers to pay the Settlement Amount into the Escrow Account no later than seventeen
The Settlement Amount. In consideration for the covenants and promises contained herein, Releasors shall receive as full and final settlement the total sum of One Hundred Million U.S. Dollars ($100,000,000.00) (the “Settlement Amount”). In no event shall Releasees be liable for, or pay, pursuant to this Agreement or otherwise, any amount greater than the Settlement Amount. For purposes of further clarification, the Settlement Amount is the gross amount to be received by Releasors and from this amount Releasors are responsible to pay, among other things, all their attorneys’ fees and expenses, their share of any mediator fee, any court costs and Guardian Ad Litem fees, any liens, any subrogated claims relating to the Lawsuit allegations, all fees of the Qualified Settlement Fund Administrator and operation of the Qualified Settlement Fund and taxes owed by the Qualified Settlement Fund, any fees incurred to establish a structured settlement or any other manner in which payments will be disbursed to Releasors.
The Settlement Amount. (a) In consideration of all the promises and agreements set forth in this Agreement, the Company will pay the Settlement Amount. No other of the Defendant Released Parties shall have any obligation to contribute financially to this Settlement.
(b) The Company shall pay the Settlement Amount in two segments, and this funding shall constitute the Settlement Fund. First, the Company shall cause five hundred thousand dollars ($500,000) of the Settlement Amount to be deposited by wire transfer into the Escrow Account within twenty (20) business days of the entry of the Preliminary Approval Order to fund any Administrative Costs that arise before the Effective Date. Second, the Company shall cause the remaining one million seven hundred and fifty thousand dollars ($1,750,000) of the Settlement Amount to be deposited by wire transfer into the Escrow Account within twenty (20) business days following the Effective Date.
(c) The Settlement Amount shall be used solely for the purposes set forth in Section 3.1(j) below.
(d) Subject to Court approval and oversight, the Escrow Account will be controlled by the Settlement Administrator. Neither Defendants nor Plaintiff shall have any liability whatsoever for the acts or omissions of the Settlement Administrator appointed by the Court. The Settlement Administrator shall not disburse the Settlement Amount or any portion thereof except as provided for in this Agreement, by an order of the Court, or with prior written agreement of Class Counsel and Defendants’ Counsel.
(e) The Settlement Administrator is authorized to execute transactions on behalf of the Settlement Class Members that are consistent with the terms of this Agreement and with orders of the Court.
(f) All funds held in the Escrow Account shall be deemed to be in the custody of the Court and shall remain subject to the jurisdiction of the Court until the funds are distributed in accordance with this Agreement.
(g) The Settlement Administrator shall, to the extent practicable, invest the Settlement Amount in discrete and identifiable instruments backed by the full faith and credit of the United States Government or fully insured by the United States Government or an agency thereof and shall reinvest the proceeds of these instruments as they mature in similar instruments at their then current market rates. The Settlement Administrator shall maintain records identifying in detail each instrument in which the Settlement Amount or any portion thereof has been invest...
The Settlement Amount.
(1) The Parties agree to settle the Actions for the cooperation contemplated in section 4.1(1) and Schedule “D” and the Settlement Amount, comprised of payment of the Settlement Payment as provided in section 3.2(1) and the Card Program Payment previously paid by the Settling Defendants, in full satisfaction of the Released Claims against the Released Parties. The Settlement Amount shall be notionally allocated between the Actions seventy- eight percent (78%) to the Ontario Action to and for the benefit of the Ontario Settlement Class and twenty-two percent (22%) to the Quebec Action to and for the benefit of the Quebec Settlement Class.
(2) The Parties agree that the portion of the Settlement Amount allocated to the Quebec Settlement Class provides for collective recovery and that it is subject to the Act respecting the Fonds d’aide aux actions collectives, CQLR, c. F-3.2.0.1.1., the Regulation respecting the percentage withheld by the Fonds d’aide aux actions collectives, RLRQ, c. F- 3.2.0.1.1., r. 2 and the Code of Civil Procedure.
(3) The Settlement Amount shall be all inclusive. The Released Parties shall have no obligation to pay any further amount in addition to the Settlement Amount, for any reason, pursuant to or in furtherance of the Settlement Agreement or the Actions. For the avoidance of doubt, the Settlement Amount is inclusive of, amongst other things and without limiting the generality of the foregoing:
(a) all amounts claimed by the Ontario Plaintiffs against the Ontario Settling Defendants in the Ontario Action, including for greater certainty any claims against the Ontario Settling Defendants which are the subject of the Ontario Plaintiffs’ motion for leave to appeal to the Ontario Court of Appeal in Court of Appeal File No. COA-24-OM-0093 dismissed on October 25, 2024;
(b) all amounts claimed by the Quebec Plaintiff against the Quebec Settling Defendants in the Quebec Action;
(c) all interest amounts that are claimed or could be claimed in the Actions by the Settlement Classes;
(d) all Class Counsel Fees and Disbursements;
(e) all Administration Expenses;
(f) any and all Funder Entitlements; and
(g) any previous outstanding costs awarded to the Plaintiffs to be paid by the Settling Defendants, separate payment of which the Plaintiffs waive except as provided in section 15.3(1) in the event the Settlement Agreement is not approved, is terminated in accordance with its terms or otherwise fails to take effect for any reason.
The Settlement Amount. ESTABLISHING
The Settlement Amount. Merchants will pay $201,170.00 (the “Settlement Amount”) to Wave as follows: