CONDITIONS OF SETTLEMENT AND EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. The Effective Date of the Settlement shall be deemed to occur on the occurrence or waiver of all of the following events:
CONDITIONS OF SETTLEMENT AND EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. 10.1 Class Plaintiffs and the Settlement Class Members, through Co-Lead Counsel, and Settling Defendant, through Settling Defendant’s Counsel, shall each have the right to terminate this Settlement in each of their separate discretions by providing written notice to the other of an election to do so (“Termination Notice”) within 30 days following any of the following events: (i) the Court enters an order declining to enter the Preliminary Approval Order in any material respect; (ii) the Court enters an order refusing to approve this Agreement or any material part of it; (iii) the Court enters an order declining to enter the Final Judgment and Order of Dismissal in any material respect; or (iv) the Final Judgment and Order of Dismissal is modified or reversed by a court of appeal or any higher court in any material respect. Settling Defendant shall have no right to seek reimbursement from any Person for the expenses actually incurred or due and owing for the Settlement Class Notice and Administration Expenses, Taxes, or Tax Expenses. For the avoidance of doubt, the Court’s determination as to the Fee and Expense Application, the Fee and Expense Award, and/or any Plan of Allocation, or any determination on appeal from any such order, shall not provide grounds for termination of this Settlement Agreement or Settlement.
10.2 If, prior to the Fairness Hearing, one or more putative members of the Settlement Class timely submit a Request for Exclusion, the processes set forth in this Paragraph shall apply. Such persons who timely request exclusion from the Settlement Class with respect to Settling Defendant, shall be excluded from the Settlement Class with respect to all other Defendants.
(a) Co-Lead Counsel shall provide a list of those Persons, if any, who have filed a Request for Exclusion, together with all such Requests for Exclusion, to Settling Defendant within five (5) business days of the deadline set by the Court for the filing of Requests for Exclusion. If, after Settling Defendant receives the list of Persons who filed Requests for Exclusion, it decides to request some relief, the Parties shall first meet and confer in good faith. If the Parties are unable to reach agreement and Settling Defendant asserts that the total Requests for Exclusion represent a material portion of transactions during the Settlement Class Period that would be eligible for compensation under the Settlement, and their exclusion would materially reduce the value of the Settlemen...
CONDITIONS OF SETTLEMENT AND EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. The Settlement shall become effective on the Effective Date, which shall be the first date by which all of the following events and conditions have occurred and been met (or have been waived in a writing signed by the Party that is waiving the event and condition):
CONDITIONS OF SETTLEMENT AND EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. The Effective Date of the Settlement shall be the first date on which all of the following conditions have occurred:
CONDITIONS OF SETTLEMENT AND EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. The Parties agree that, if the number of persons who properly execute and file a timely request for exclusion from the Settlement reaches four percent (4%) of the Potential Settlement Class Members, UNH has the unilateral right, in its sole discretion, to declare the Settlement void in its entirety upon notice to Class Counsel.
CONDITIONS OF SETTLEMENT AND EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. A. Class Member Exclusions. Any Class Member who wishes to opt out of the Settlement Class (an “Opt-Out”) must serve a timely, signed request for exclusion upon the Settlement Administrator no later than 120 days from the Court’s entry of the Preliminary Approval Order (the “Exclusion Deadline”). The request for exclusion must include all information specified in the Class Notice. Opt-Outs may opt out of the Class only on an individual basis; so-called “mass” or “class” opt-outs shall not be allowed and shall be of no force or effect. No later than five (5) days after the Exclusion Deadline, the Settlement Administrator shall provide Class Counsel and counsel for Defendants a complete and final list of Opt-Outs. Class Counsel will file with the Court a complete list of Opt-Outs, including the name and address of the
CONDITIONS OF SETTLEMENT AND EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. The Parties agree that, if the number of persons who properly execute and file a timely request for exclusion from the Settlement reaches five percent (5%) of the Potential Settlement Class Members, RPI has the unilateral right, in its sole discretion, to declare the Settlement void in its entirety upon notice to Class Counsel.
CONDITIONS OF SETTLEMENT AND EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. The Parties agree that, if the number of persons who properly execute and file a timely request for exclusion from the Settlement reaches four percent (4%) of the Potential Settlement Class Members, Penn has the unilateral right, in its sole discretion, to declare the Settlement void in its entirety upon notice to Class Counsel.
CONDITIONS OF SETTLEMENT AND EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION. The Effective Date of the Settlement shall be the first business day after all of the following conditions have occurred or been waived:
CONDITIONS OF SETTLEMENT AND EFFECT OF DISAPPROVAL, CANCELLATION OR TERMINATION
