Binding Declaration Notice Sample Clauses
A Binding Declaration Notice clause establishes the formal process by which one party must notify the other of a binding decision or declaration under the agreement. Typically, this clause outlines the required method of communication, such as written notice delivered to a specified address, and may set deadlines or specify the information that must be included in the notice. Its core function is to ensure that all parties are clearly informed of important binding decisions, reducing the risk of misunderstandings or disputes about when and how such declarations take effect.
Binding Declaration Notice.
6.2.1 Ageas will draft the notice within the meaning of Article 1017(3) DCCP (the "Binding Declaration Notice"), whereby it shall fully involve the other Parties. Ageas shall provide the other Parties with a reasonable opportunity to comment on such draft and include any reasonable comments in such draft, which is subject to the approval of all Parties. The agreed-upon Binding Declaration Notice, attached hereto as Schedule 3 (Draft Binding Declaration Notice), has been submitted to the Court for its review.
6.2.2 The Parties shall endeavour to make sure that the Binding Declaration Notice:
(a) will meet all applicable requirements of Dutch Law (including Article 1017(3) DCCP), the rules of the Court and any other applicable Law, and will otherwise be in the manner and form ordered by the Court; and
(b) will be, by the Binding Declaration Notice Date, (i) mailed by regular mail, e-mail or transmitted by such other means as required by the Court, to all persons who can be identified by reasonable efforts as falling within the description of Eligible Shareholders and for which the Parties have a last-known address as well as to well-known custodians, (ii) published in two national newspapers in the Netherlands and Belgium, (iii) published on the websites of the Parties, and in any other way, as required by the Court.
Binding Declaration Notice. 6.3.1 Ageas will draft the notice within the meaning of Article 1017(3) DCCP (the "Binding Declaration Notice"), whereby it shall fully involve the other Parties. Ageas shall provide the other Parties with a reasonable opportunity to comment on such draft and include any reasonable comments in such draft, which is subject to the approval of all Parties. The agreed-upon Binding Declaration Notice will be submitted to the Court for its review.
6.3.2 The Parties shall endeavour to make sure that the Binding Declaration Notice:
(a) will meet all applicable requirements of Dutch Law (including Article 1017(3) DCCP), the rules of the Court and any other applicable Law, and will otherwise be in the manner and form ordered by the Court; and
(b) will be, by the Binding Declaration Notice Date, (i) mailed by regular mail, e-mail or transmitted by such other means as required by the Court, to all persons who can be identified by reasonable efforts as falling within the description of Eligible Shareholders and for which the Parties have a last-known address as well as to well-known custodians, (ii) published in two national newspapers in the Netherlands and Belgium, (iii) published on the websites of the Parties, and in any other way, as required by the Court.
6.3.3 The Parties shall propose to the Court that the Binding Declaration Notice will, among other things:
(a) describe the Binding Declaration, the Release and their effect;
(b) describe the persons who are Eligible Shareholders, Non-Active Claimants and Active Claimants;
(c) describe the compensation being offered to Eligible Shareholders;
(d) describe the Settlement Distribution Plan by which compensation will be distributed to Eligible Shareholders;
(e) advise of the process by which an Eligible Shareholder may notify the Claims Administrator that he does not intend to be bound by the Binding Declaration and the Release, including providing the address to which such notification must be delivered;
(f) advise that if an Eligible Shareholder notifies the Claims Administrator by the Exclusion Date that he does not intend to be bound by the Binding Declaration and the Release, he will not receive any distribution from the Settlement Amount pursuant to the Settlement Distribution Plan;
(g) advise that if an Eligible Shareholder fails to notify the Claims Administrator by the Exclusion Date of an intention not to be bound by the Binding Declaration and the Release, he will be bound by the Binding Declaration and t...