Larry E. Martindale, et. al. v.
Sony Pictures Entertainment, Inc.

Case No. BC499182

Los Angeles Superior Court, Central Civil West Courthouse


9. How will payments and credits be calculated?

Payments and credits and benefits will be calculated from the Settlement Fund and Accounting Relief Fund for Recouped Class Members and Unrecouped Class Members as follows: (Note: It is possible for a profit participant to be considered both a Recouped Class Member and an Unrecouped Class Member in regard to different contracts. In such a situation, the Class Member would obtain a portion of the Settlement Relief Fund as well as their share of the Accounting Relief Fund, as appropriate). The Settlement Administrator will be responsible for the calculation and payment of the amounts due Recouped Class Members from the Settlement Fund based upon participation information received from SPE. SPE will be responsible for the calculation and the application of the accounting credits to be applied for the benefit of Unrecouped Class Members within its profit participation accounting database

Recouped Class Members: Recouped Class Member means a Class Member who, as of December 31, 2016, is a Profit Participant on one or more motion pictures that have realized sufficient revenue to require payment of Profit Participation to that Class Member under the terms of that person or entity’s Class Profit Participation Contract. Recouped Class Members will receive payments from the Settlement Fund, divided into two categories:

Retrospective Relief (70% of the Settlement Fund Payout)

Each Recouped Class Member shall be entitled to the percentage of the Retrospective Relief Fund equal to the ratio of the total amount of Profit Participation paid or payable to the Recouped Class Member pursuant to one or more Class Profit Participation Contracts through that Recouped Class Member’s last statement period ending date on or before December 31, 2016, compared to the total amount of Profit Participation paid or payable to all of the Recouped Class Members pursuant to Class Profit Participation Contracts for all periods through their last statement period date on or before December 31, 2016.

Prospective Relief (30% of the Settlement Fund Payout)

Each Recouped Class Member shall be entitled to the percentage of the Prospective Relief Fund equal to the ratio of the total amount of Profit Participation paid or payable to the Recouped Class Member pursuant to one or more Class Profit Participation Contracts over the last four years of each Recouped Class Member’s statements on or before December 31, 2016, compared to the total amount of Profit Participation paid or payable to all of the Recouped Class members pursuant to Class Profit Participation Contracts for the last four years of each Recouped Class Member’s statement activity on or before December 31, 2016, with such ratio serving as an estimate of the ratio of future Profit Participation payments.

Unrecouped Class Members: Unrecouped Class Member means a Class Member who, as of December 31, 2016, is a Profit Participant on one or more motion pictures that have not realized sufficient revenue to require payment of Profit Participation to that Class Member under the terms of that person or entity’s Class Profit Participation Contract. In other words they were not yet earning profit participation from their Profit Participation Contract as of December 31, 2016.

SPE shall apply a credit to the accounting for each Unrecouped Class Member for each Class Profit Participation Contract to which that Unrecouped Class Member is a party. The credit is an accounting adjustment that shall be that Class Profit Participation Contract’s share of the Accounting Relief Fund determined by the ratio of the total amount of Home Video Revenue, Electronic Sell-Through Revenue and VOD Revenue derived by SPE through December 31, 2016, for that motion picture compared to the total amount of Home Video Revenue, Electronic Sell-Through Revenue and VOD Revenue derived by SPE through December 31, 2016, for all of the motion pictures receiving an accounting adjustment.

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