Allocation of Settlement Amount Following Termination. (1) If the Settlement Agreement is not approved, is terminated or otherwise fails to take effect for any reason, Siskinds LLP shall, within thirty (30) days of the written notice pursuant to Section 5.1(1), return to the Settling Defendants the amount they have paid to Siskinds LLP, plus all accrued interest thereon, but less the Settling Defendants’ proportional share of the costs of notices required by Section 10.1(1) and any translations required by Section 14.11.
Allocation of Settlement Amount Following Termination. (1) If the Settlement Agreement is terminated, Ontario Counsel shall, within thirty (30) business days of the written notice advising that the Settlement Agreement has been terminated in accordance with its terms, return to the Settling Defendants the Settlement Amount, plus all accrued interest thereon and less taxes paid on interest, any costs incurred with respect to the notices required by subsection 11.1, and any costs of translation required by subsection 15.12.
Allocation of Settlement Amount Following Termination. (1) If the Settlement Agreement is not approved, is terminated or otherwise fails to take effect for any reason, Siskinds LLP shall, within thirty (30) days of the written notice of termination issued pursuant to Sections 6.1(1) or 6.1(2) or other non-approval or failure to take effect, return to the Settling Defendants the Settlement Amount they have paid to Siskinds LLP, plus all accrued interest thereon. If the Settling Defendants have issued a notice of termination pursuant to Section 6.1(1) or the termination has occurred pursuant to Section 6.1(2) as a result of non-payment of the Settlement Amount, the amount to be returned shall be reduced by the Settling Defendants’ proportional share of the costs of notices required by Section 11.1(1), up to a maximum deduction of CAD$30,000 for all the Canadian Settlement Agreements, and any translations required by Section 15.11, up to a maximum deduction of CAD$7,750 for all of the Canadian Settlement Agreements.
Allocation of Settlement Amount Following Termination. (1) If the Settlement Agreement is terminated, Class Counsel, within thirty (30) business days of the written notice advising that the Settlement Agreement has been terminated in accordance with its terms, return to the Settling Defendants the amount Settling Defendants have paid to Class Counsel, plus all accrued interest thereon and less any costs incurred with respect to the notices required by Section 11.1(1), and any costs of translation required by Section 15.12, such costs in total not to exceed CAD$50,000.
Allocation of Settlement Amount Following Termination. (1) Subject to subsection 14.3(2), if the Settlement Agreement is terminated, Ontario Counsel shall, within thirty (30) business days of the written notice advising that the Settlement Agreement has been terminated in accordance with its terms, return to the Settling Defendants the Settlement Amount, plus all accrued interest thereon and less any taxes paid on interest, and any costs incurred with respect to the notices required by subsection 11.1.
(2) The amount retained by Ontario Counsel for costs incurred with respect to the notices required by subsection 11.1 shall be no greater than the Settling Defendants’ pro-rata share of CDN $100,000 (plus applicable taxes) in notice costs. The Settling Defendants’ pro-rata share shall reflect their percentage contribution to the total amount of all settlements announced in the notices.
Allocation of Settlement Amount Following Termination. (1) If the Settlement Agreement is not approved, is terminated or otherwise fails to take effect for any reason, Siskinds LLP shall, within thirty (30) days of the written notice pursuant to Section 6.1(1), return to the Settling Defendants the amount they have paid to Siskinds LLP, plus all accrued interest thereon, but less the Settling Defendants’ proportional share of the costs of notices required by Section 11.1(1) for all the Canadian Settlement Agreements and for any translations required by Section 15.11, up to a maximum deduction of $30,000.
Allocation of Settlement Amount Following Termination. (1) If the Settlement Agreement is not approved, is terminated or otherwise fails to take effect for any reason, Siskinds LLP shall, within thirty (30) days of the written notice pursuant to Section 6.1(1), return to the Settling Defendants the amount they have paid to Siskinds LLP, plus all accrued interest thereon, but less the Settling Defendants’ proportional share of the costs of notices required by Section 11.1(1) and for any translations required by Section 15.12 that have actually been incurred or are payable, such costs in total not to exceed CAD$50,000.
Allocation of Settlement Amount Following Termination. (1) If the Settlement Agreement is not approved, is terminated or otherwise fails to take effect for any reason, Sotos LLP shall, within thirty (30) days of the written notice pursuant to Section 6.1(1), return to the Settling Defendant the amount they have paid to Sotos LLP, plus all accrued interest thereon and less any costs incurred with respect to the notices required by Section 11.1(1), and any costs of translation required by Section 15.12.
Allocation of Settlement Amount Following Termination. (1) If the Settlement Agreement is terminated, BC Counsel shall, within thirty (30) business days of the written notice advising that the Settlement Agreement has been terminated in accordance with its terms, return to the Settling Defendants the Settlement Amount, plus all accrued interest thereon and less any taxes paid on interest, any costs incurred with respect to the notices required by subsection 9.1.
Allocation of Settlement Amount Following Termination. (1) If the Settlement Agreement is terminated, Siskinds LLP shall, within thirty (30) business days of the written notice advising that the Settlement Agreement has been terminated in accordance with its terms, return to each Settling Defendant(s) the amount it has paid to Siskinds LLP (being either the deposit or Settlement Amount, as applicable), plus all accrued interest thereon and less any costs incurred with respect to the notices required by Section 11.1(1), and any costs of translation required by Section 14.12, which notice and translation costs shall not exceed CDN$125,000, plus applicable taxes. The costs of notice and translation, plus applicable taxes, will be calculated pro rata to each Settling Defendants’ contribution to the Settlement Amount. For the avoidance of doubt, if this Settlement Agreement is terminated with respect to only one but not both of the Settling Defendant, this section 6.3 shall only apply as between the terminating Parties.
