Defendants’ Right to Terminate. If more than two percent (2%) of the Class submit a timely and valid request to opt out of the Class, Defendant shall have the unilateral right, but not obligation, to terminate this Agreement (and any obligations thereunder) within five (5) business days after the Claim Administrator provides Class Counsel and Defendant's Counsel the opt-out list described as described in Section 7.4(f) of this Agreement.
Defendants’ Right to Terminate for Opt-Outs. Defendants have the option, but not the obligation, to terminate this Agreement if more than three thousand (3,000) of the proposed Settlement Class Members elect to opt out from the Class.
Defendants’ Right to Terminate. Defendants may terminate this Agreement at any time prior to the five (5) days before the filing of Plaintiffs’ Motion for Final Approval in the event that any of the following conditions occur:
(A) More than five (5%) of all Class Members affirmatively opt out of the Settlement Class by submitting timely and valid Opt-out Statements pursuant to Section 2.5;
(B) The Agreement is construed in such a fashion that would require Defendants to pay more than the amounts provided for in this Agreement;
(C) The Court does not certify, for settlement purposes only, either a class action or collective action consistent with Section 2.3;
(D) All claims, costs, fees (including, but not limited to, the attorneys’ fees addressed in Section 3.2(A)) and expenses come in above $800,000; or
(E) Less than 10% of all Class Members become Participating Claimants. If Defendants indicate their intent to terminate under this provision, Plaintiffs are entitled to a mediation session with Judge Xxxx, or alternatively, if Defendants indicate their intent to terminate under Section 5.1(D), Plaintiffs may pro-rata reduce the per intern payments, costs, fees and expenses to $800,000, and in that event Defendants cannot terminate the agreement.. If Defendants choose to terminate upon less than 10% of Class Members become Participating Claimants, the parties will discuss the possibility of sending out additional types of notice or publication.
Defendants’ Right to Terminate. Defendants shall have the right (which right must be exercised unanimously) to terminate the settlement set forth in this Agreement if the number of Settlement Class Members who request to Opt Out of the Settlement Class exceeds 250. Defendants shall be entitled to exercise their right to terminate this settlement under this paragraph only if Defendants provide Class Counsel with written notice of their exercise of their option to terminate and file that notice with the Court within fourteen (14) business days from their receipt from the Claims Administrator of a complete list of all Opt-Out requests submitted by the Opt-Out Deadline and not timely revoked.
Defendants’ Right to Terminate. If the Final Settlement Amount exceeds Three Hundred Thousand Dollars ($300,000.00), then the Parties shall convene a mandatory mediation session with Mediator Xxxxxx Xxxxxxxxx as soon as practicable, who shall make a recommendation with regard to modification of the Final Settlement Amount based on any number of factors (e.
Defendants’ Right to Terminate. If the number of valid Requests for Exclusion identified in the Exclusion List exceeds 5% of the total of all Class Members, Defendant may, but is not obligated to, elect to terminate the Settlement. The Parties agree that, if Defendant exercises this right, the Settlement shall be void ab initio, have no force or effect whatsoever, and that neither Party will have any further obligation to perform under this Agreement. Defendant must notify Class Counsel and the Court of its election to withdraw no later than 7 days after the Administrator sends the final Exclusion List to Defense Counsel. Invalid Requests for Exclusion will not count toward the 5% threshold.
Defendants’ Right to Terminate. If, after the Response Deadline, the total number of Settlement Class Members who submitted timely and valid Requests for Exclusion from the Settlement is more than seven and a half percent (7.5%) of all Settlement Class Members, Defendant shall have, in its sole discretion, the option to terminate this Settlement. If Defendant exercises the option to terminate this Settlement, Defendant shall: (a) provide written notice to Class Counsel within seven (7) calendar days after the Response Deadline and (b) pay all Settlement Administration Costs incurred up to the date or as a result of the termination; and the Parties shall proceed in all respects as if this Agreement had not been executed.
Defendants’ Right to Terminate. The Defendants shall have the right to terminate this Settlement Agreement if the number of Class Members who request to Opt Out of the Settlement Class exceeds 2,000. The Defendants must exercise their right to terminate the Settlement and the Settlement Agreement due to the number of Class Members who request to Opt Out of the Settlement Class within fourteen (14) business days from their receipt from the Claims Administrator of a complete list of all Opt Out requests submitted by the Opt Out Deadline and not timely revoked.
