Effect of Opt-Outs Sample Clauses

Effect of Opt-Outs. Southfield represents that it has not encouraged, and agrees that it will not, directly or indirectly, encourage any potential Class Member to exercise their right to exclude themselves from this settlement. Southfield further represents that it has not provided, and except with the prior consent of Class Counsel will not provide assistance, advice, counsel or information to any potential Class Member related to the potential Class Member's right to request exclusion from this settlement. Within ten (10) days after the deadline for Class Members to exclude themselves from the Settlement Class, Class Counsel shall deliver to Southfield Corporation's counsel of record in the Action a list of the potential Class Members who submitted requests for exclusion from the Settlement Class (including requests for exclusion deemed by Class Counsel to be untimely or otherwise invalid) together with Class Counsel's good faith computation, based on data provided by Defendants, of the total amount of Defendants' collective dollar sales of Ready-Mixed Concrete from facilities within the Central Indiana Area during the Class Period to those members of the Class who submitted timely and valid requests for exclusion from this Settlement ("Opt-Out Sales"). If the amount of Opt-Out Sales, as agreed by the parties or determined by the Court, is $26,800,000 or less, then the Settlement Amount shall not be adjusted and shall remain at $19,000,000. If the amount of Opt- Out Sales, as agreed by the parties or determined by the Court, is greater than $26,800,000 but less than $134,000,000, then the Settlement Amount and Settlement Fund shall be reduced by an amount equal to $15.00 for every $1,000 by which the amount of Opt-Out Sales exceeds $26,800,000 (the "Refund Amount"). For purposes of illustration, if the Opt-Out Sales were $56,342,111, then the Refund Amount would be $443,130, calculated by rounding the amount of Opt-Out Sales downward to the nearest even thousand dollar increment (in this illustration, $56,342,000), then subtracting $26,800,000 from $56,342,000 to arrive at the amount by which the rounded amount of Opt-Sales exceeds $26,800,000 (in this illustration, $29,542,000), then multiplying $29,542,000 by 1.5% (0.015) to arrive at the Refund Amount of $443,130. The Refund Amount, if any, together with all interest earned on the Refund Amount while held in the Settlement Fund shall be promptly paid to Southfield Corporation by wire transfer to an account designated by ...
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Effect of Opt-Outs. If class member opt outs result in the exclusion from the Settlement of any of the thirty-nine (39) FCMC/CFG Related Trust Loans that otherwise would be included in the Settlement, the Settling Defendants, in their sole discretion, may jointly rescind this Agreement, in which event each and every obligation under the Agreement shall cease to be of any force and effect, and this Agreement and any orders entered in connection therewith shall be vacated, rescinded, canceled, and annulled. If the Settling Defendants exercise their option to rescind the Agreement, the Parties shall return to the status quo in the Missouri Cases, the Litigation shall be dismissed without prejudice by consent of the Parties as if the Parties had never entered into this Agreement or commenced the Litigation, and any Party may reassert their claims or defenses against the other Party or Parties as provided in Section 16. The Settling Defendants must exercise their option to rescind the Agreement pursuant to this Section
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Effect of Opt-Outs. Respondent shall have the option to withdraw from and terminate this Settlement Agreement, and thereby render this Settlement Agreement null and void, if the number of persons submitting valid and timely written requests to opt out of the Settlement Class equals or exceeds the number set out in confidential Exhibit J. Any such election shall be made by notice in writing to Class Counsel no later than fourteen (14) days after Respondent’s counsel has received copies of all opt out requests from the Settlement Administrator.
Sample 1
Effect of Opt-Outs. The Builder’s Defendants each represent that they have not encouraged, directly or indirectly, and agree that they will not encourage, directly or indirectly, any potential Class Member to exercise their right to exclude themselves from this settlement. The Builder’s Defendants each further represent that they have not provided, and except with the
Sample 1
Effect of Opt-Outs. The IMI Defendants each represent that they have not encouraged, directly or indirectly, and agree that they will not encourage, directly or indirectly, any potential Class Member to exercise their right to exclude themselves from this settlement. The IMI Defendants each further represent that they have not provided, and except with the prior consent of Class Counsel will not provide assistance, advice, counsel or information to any potential Class Member related to the potential Class Member's right to request exclusion from this settlement. Provided, however, that nothing in this Paragraph shall prevent the IMI Defendants from responding to an inquiry from a Class Member, where pertinent, with a statement encouraging the Class Member: (i) to not request exclusion from this settlement; and/or (ii) to seek any benefits to which the Class Member may be entitled under this settlement. Within ten (10) days after the deadline for Class Members to exclude themselves from the Settlement Class, Class Counsel shall deliver to the IMI Defendants’ counsel: (1) a list of the potential Class Members who submitted requests for exclusion from the Settlement Class (including requests for exclusion deemed by Class Counsel to be untimely or otherwise invalid), and (2) Class Counsel's good faith computation, based on data provided by the Defendants, of the amount of Defendants’ collective dollar sales of Ready-Mixed Concrete from facilities within the Central Indiana Area during the Class Period to each of the those members of the Class who submitted timely and valid requests for exclusion from this Settlement ("Opt-Out Sales"). The Settlement Amount and the Settlement Fund shall be reduced for Opt-Out Sales as follows:
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Related to Effect of Opt-Outs

  • Effect of Agreement Nothing herein contained shall be deemed to require to the Trust to take any action contrary to its Declaration of Trust or its By-Laws or any applicable law, regulation or order to which it is subject or by which it is bound, or to relieve or deprive the Trustees of the Trust of their responsibility for and control of the conduct of the business and affairs of the Trust.

  • Effect of Approval Approval of any insurance by City shall not relieve or decrease the liability of Grantee hereunder.

  • Effect of Decision The decision or award of the arbitrator shall be final and binding upon the University, the UFF, and the grievant, provided that either party may appeal to an appropriate court of law a decision that was rendered by the arbitrator acting outside of or beyond the arbitrator's jurisdiction, pursuant to Section 682.13, Florida Statutes.

  • Effect of Contract Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Contract, are hereby superseded.

  • Effect of Notice Any notice given by the indemnifying Party to an Indemnified Party referred to in Sections 12.1(c) or 12.2(d) above of participation in or control of any action by the indemnifying Party will in no event be deemed to be an admission by the indemnifying Party of liability, culpability or responsibility, and the indemnifying Party will remain free to contest liability with respect to the claim among the Parties or otherwise.

  • Effect of GMP Change Order The Preconstruction Phase cannot extend beyond the execution of the GMP Change Order. By definition, all services provided after the execution of the GMP Change Order are Construction Phase Services and are included in the GMP.

  • Effect of Non-Agreement on Guidelines Applications The parties understand, acknowledge and agree that there are no agreements between the parties with respect to any Sentencing Guidelines issues other than those specifically listed in Paragraph 10, and its subsections. As to any other Guidelines issues, the parties are free to advocate their respective positions at the sentencing hearing.

  • Effect of Suspension You must pay all applicable fees incurred before and during any suspension. You will not be entitled to any service credits under an applicable Service Level Agreement or Service Level Objective during any suspension.

  • Effect of non-approval of proposals (6) Notwithstanding that under subclause (1) any proposals of the Company are approved by the Minister or determined by arbitration award, unless each and every such proposal and matter is so approved or determined by 31 October 1992 or by such extended date or period if any as the Company shall be granted pursuant to the provisions of this Agreement then the Minister may give to the Company 12 months notice of intention to determine this Agreement and unless before the expiration of the said 12 months period all the detailed proposals and matters are so approved or determined this Agreement shall cease and determine subject however to the provisions of Clause 35. Implementation of proposals

  • Effect of Settlement/Reservation of Rights The following shall apply:

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