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. 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 (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: (a) If the total amount of Opt-out Sales, as agreed by the parties or determined by the Court, is $34 million or less, the Settlement Amount shall not be adjusted. If the amount of Opt-Out Sales, as agreed by the parties or determined by the Court, is greater than $34 million, then the Settlement Amount and Settlement Fund shall be reduced by an amount equal to $22.50 for every $1,000 by which the amount of Opt-Out Sales exceeds $34 million. By way of illustration, if the total of Opt- Out Sales is $54,000,000, then the Settlement Amount shall be reduced by $450,000. (b) Any such reductions to the Settlement Amount shall be computed and shall be final prior to the Builder’s Defendants’ obligation to pay under paragraph 22 above, provided however, that if the amount of Opt-Out Sales is $136 million or more, then Plaintiffs and the Builder’s Defendants shall each have the right, at their/its sole option and discretion, and without incurring any liability to each other or to any other party to this Agreement, to elect at any time within twenty
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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.
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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
Sample 1

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 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 Sale Upon the occurrence of an Event of Default, to the extent permitted by law, Borrower covenants that it will not at any time insist upon or plead, or in any manner whatsoever claim or take any benefit or advantage of, any stay or extension law now or at any time hereafter in force, nor claim, take nor insist upon any benefit or advantage of or from any law now or hereafter in force providing for the valuation or appraisement of the Collateral or any part thereof prior to any sale or sales thereof to be made pursuant to any provision herein contained, or to the decree, judgment or order of any court of competent jurisdiction; nor, after such sale or sales, claim or exercise any right under any statute now or hereafter made or enacted by any state or otherwise to redeem the property so sold or any part thereof, and, to the full extent legally permitted, except as to rights expressly provided herein, hereby expressly waives for itself and on behalf of each and every Person, except decree or judgment creditors of Borrower, acquiring any interest in or title to the Collateral or any part thereof subsequent to the date of this Agreement, all benefit and advantage of any such law or laws, and covenants that it will not invoke or utilize any such law or laws or otherwise hinder, delay or impede the execution of any power herein granted and delegated to Lender, but will suffer and permit the execution of every such power as though no such power, law or laws had been made or enacted. Any sale, whether under any power of sale hereby given or by virtue of judicial proceedings, shall operate to divest all right, title, interest, claim and demand whatsoever, either at law or in equity, of Borrower in and to the Property sold, and shall be a perpetual bar, both at law and in equity, against Borrower, its successors and assigns, and against any and all Persons claiming the Property sold or any part thereof under, by or through Borrower, its successors or assigns.

  • 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 SUSPENSION IN TRADING In the event that on the scheduled Closing Date, either: (a) the NYSE or another primary exchange on which the portfolio securities of the Acquiring Fund or the Acquired Fund are purchased or sold, shall be closed to trading or trading on such exchange shall be restricted; or (b) trading or the reporting of trading on the NYSE or elsewhere shall be disrupted so that accurate appraisal of the value of the net assets of the Acquiring Fund or the Acquired Fund is impracticable, the Closing Date shall be postponed until the first business day after the day when trading is fully resumed and reporting is restored.

  • Effect of Supplemental Agreements Upon the execution of any supplemental agreement under this Article, this Agreement shall be modified in accordance therewith, and such supplemental agreement shall form a part of this Agreement for all purposes; and every Holder of Certificates theretofore or thereafter authenticated, executed on behalf of the Holders and delivered hereunder, shall be bound thereby.

  • Effect of Consent (a) After an amendment, supplement or waiver becomes effective, it will bind every Holder unless it is of the type requiring the consent of each Holder affected. If the amendment, supplement or waiver is of the type requiring the consent of each Holder affected, the amendment, supplement or waiver will bind each Holder that has consented to it and every subsequent Holder of a Note that evidences the same debt as the Note of the consenting Holder. (b) If an amendment, supplement or waiver changes the terms of a Note, the Trustee may require the Holder to deliver it to the Trustee so that the Trustee may place an appropriate notation of the changed terms on the Note and return it to the Holder, or exchange it for a new Note that reflects the changed terms. The Trustee may also place an appropriate notation on any Note thereafter authenticated. However, the effectiveness of the amendment, supplement or waiver is not affected by any failure to annotate or exchange Notes in this fashion.

  • 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 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.

  • Effect of Settlement/Reservation of Rights The following shall apply: (a) This Settlement Agreement resolves the civil claims of CARB for the violations alleged in this Settlement Agreement. (b) CARB reserves, and this Settlement Agreement is without prejudice to, all claims, rights, and remedies against Aiken Chemical Company, Inc. with respect to all matters not expressly resolved in this Settlement Agreement. Notwithstanding any other provision of the Settlement Agreement, CARB reserves all claims, rights, and remedies, whether in law or equity, against Aiken Chemical Company, Inc. with respect to: (i) Noncompliance with or enforcement of any provision of this Settlement Agreement; (ii) Facts that were not disclosed by Aiken Chemical Company, Inc. to CARB; (iii) Violation of the California Health and Safety Code and its implementing regulations, or other State laws, regulations, or permit condition(s) not expressly resolved in this Settlement Agreement; (iv) Any imminent and substantial endangerment to the public health, welfare, or the environment in California, whether related to the violations addressed in this Settlement Agreement or otherwise; (v) Any criminal liability; and (vi) Any claim(s) of any officer or agency of the United States or California, other than CARB. (c) In any subsequent administrative or judicial proceeding initiated by CARB for injunctive relief, civil penalties, or other appropriate relief relating to enforcement of the Settlement Agreement, Aiken Chemical Company, Inc. shall not assert, and may not maintain, any defense or claim based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by CARB in the subsequent proceeding were or should have been brought in the instant case. (d) This Settlement Agreement does not limit or affect the rights of Aiken Chemical Company, Inc. or of CARB against any third parties not covered by this Settlement Agreement, nor does it limit the rights of third parties not covered by this Settlement Agreement against Aiken Chemical Company, Inc., except as otherwise provided by law. This Settlement Agreement shall not be construed to create rights in, or grant any cause of action to, any third party not covered by this Settlement Agreement. (e) This Settlement Agreement is not a permit, or a modification of any permit, under any federal, State, or local laws or regulations. Aiken Chemical Company, Inc. is responsible for achieving and maintaining compliance with all applicable federal, State, and local laws, regulations, and permits; Aiken Chemical Company, Inc.’s compliance with this Settlement Agreement shall not be a defense to any action commenced pursuant to any such laws, regulations, or permits. CARB does not, by its execution of this Settlement Agreement, warrant or aver in any manner that Aiken Chemical Company, Inc.’s compliance with any aspect of this Settlement Agreement will result in compliance with any provisions of federal, State, or local laws, regulations, or permits.

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