Elective Withdrawal Sample Clauses

Elective Withdrawal. In the event that either the amount owed, based on the Plan of Allocation, to individuals in the Settlement Class that timely and validly opt out of the Settlement Class exceeds 20% of the Settlement Fund Amount, or the number of individuals in the Settlement Class that timely and validly opt out of the Settlement Class exceeds 15% of the headcount of the Settlement Class (either one in the alternative constituting the “Threshold”), then the Settling Defendants, in their sole discretion, shall have the unilateral, unconditional option to withdraw from the Settlement Agreement and render the Settlement Agreement null and void, and Paragraph 35 of the Settlement Agreement shall apply as to the Settling Defendants.
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Elective Withdrawal. Subject to the approval of the BMC Software, Inc. Employee Benefits Committee (the “Committee”) in its sole discretion, a Participant may elect at any time while employed by the Employer, by following the election procedure prescribed by the Committee, to withdraw as a benefit all or a portion of his pre-2005 deferral account (the “Deferral Account”), subject to a withdrawal penalty of 15% of the amount of any such withdrawal (an “Elective Withdrawal”). Upon any such Elective Withdrawal, the 15% withdrawal penalty will be forfeited to the Employer. Further, upon any such withdrawal, such Participant’s participation in the Plan will terminate as of the end of the Plan Year in and no further deferrals will be made under the Plan on behalf of such Participant until the first day of the Plan Year that is at least twelve months after the date of such withdrawal. If a Participant’s Deferral Account is deemed to be invested in more than one investment option, any Elective Withdrawal will be distributed pro rata from each investment option in which such Deferral Account is deemed to be invested. If a Participant’s Deferral Account contains one or more pre-2005 dated deferral subaccounts (as defined and referred to in the prior Plan document as “Dated Deferral Subaccounts”), then such withdrawal will be considered to have been distributed, first, from the Dated Deferral Subaccount with respect to which the earliest installment distribution would be made, then, from the Dated Deferral Subaccount with respect to which the next earliest installment distribution would be made, and continuing in such manner until all of such Dated Deferral Subaccounts have been exhausted or the entire amount of the Elective Withdrawal has been distributed.
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Elective Withdrawal. If the number of individuals that timely and validly opt out of the Settlement Class exceeds 5% of the headcount of the Settlement Class then Defendants, in their sole discretion, shall have the unilateral, unconditional option to withdraw from the Settlement Agreement and render the Settlement Agreement null and void.
Sample 1
Elective Withdrawal. During the Initial Contribution Period, Minera Andes may elect to withdraw as a Member from the Company and terminate the Agreement upon 30 days' written notice to Pegasus; provided, however, that such elective withdrawal shall not relieve Minera Andes of its obligation to fund and satisfy its share of liabilities to third persons arising out of the Operations conducted prior to Minera Andes' withdrawal and shall not relieve Minera Andes from 100% liability for all contracts unfulfilled at the time of Minera Andes' withdrawal and that were entered into by Minera Andes. Minera Andes shall return the property reclaimed in good condition and in compliance with applicable laws and regulations. If Minera Andes has not incurred qualifying expenditures of $200,000 as of the date of withdrawal, Minera Andes shall pay any shortfall to Pegasus in cash; provided that Minera Andes shall have no obligation to make such payment if Pegasus has breached its title representations and warranties set forth in Section 10.2 and has not cured such default within the time allowed under Section 10.5. Upon withdrawal under this Section 3.2.1 or under 3.2.2 below, Minera Andes shall convey to Pegasus any Assets held in Minera Andes' name or in the name of the Company, including, without limitation, Claims and water rights and all information relating to the Property. Minera Andes' obligations under Article 12 and Section 17.10 shall survive withdrawal.
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Related to Elective Withdrawal

  • Voluntary Withdrawal If any Partner should withdraw from the Partnership, they must give at least days’ written notice to the Partnership. Such withdrawal shall have no effect on the day-to-day operations of the Partnership.

  • Right of withdrawal If you are a consumer, you have the right to withdraw from the User Agreement without giving any reason and without penalty within 14 days of your account being opened. To do so, you must, within these 14 days, follow the process to close your account which will end the User Agreement. PayPal thinks consumers should have the choice to use our services or not so we don’t lock you into a contract. This is why, in addition to these mandatory rights, even after 14 days, you can end your agreement by closing your account. By making use of our services during the 14-day withdrawal period you require our services to be provided before the end of the 14-day right of withdrawal period. You will have to pay fees for the services you used (including during the 14-day withdrawal period) up until you close your account and withdraw your balance, if any. All pending transactions will be cancelled when you close your account. See the section “Closing your PayPal account” in the User Agreement for more details.

  • Demand Withdrawal A Demanding Holder and any other Holder that has requested its Registrable Securities be included in a Demand Registration pursuant to Section 3.1.3 may withdraw all or any portion of its Registrable Securities included in a Demand Registration from such Demand Registration at any time prior to the effectiveness of the applicable Demand Registration and will not be obligated to participate in any Underwritten Public Offering prior to executing the underwriting agreement relating thereto. Upon receipt of a notice to such effect from a Demanding Holder (or if there is more than one Demanding Holder, from all such Demanding Holders) with respect to all of the Registrable Securities included by such Demanding Holder(s) in such Demand Registration, the Company shall cease all efforts to secure effectiveness of the applicable Demand Registration Statement; provided that, for the avoidance of doubt, in the event of a request for a Demand Registration by more than one Demanding Holder, the Company shall continue all efforts to secure effectiveness of the applicable Demand Registration Statement with respect to the Registrable Securities requested to be included by each of the Holders that has not withdrawn its Registrable Securities. Notwithstanding any withdrawal by a Demanding Holder of Registrable Securities from a Demand Registration pursuant to this Section 3.1.4, the Demand Registration with respect to which the withdrawal was made shall be counted for purposes of the limit on Demand Registration Requests set forth in Section 3.1.2 unless (a) the Demanding Holders reimburse the Company for all expenses incurred in connection with the Demand Registration with respect to which the withdrawal was made, (b) the withdrawal is made as a result of an event that has had a material adverse effect on the business, assets, condition (financial or otherwise) or results of operations of the Company or (c) the withdrawal is made in response to a Demand Suspension pursuant to Section 3.1.6.

  • No Withdrawal No Person shall be entitled to withdraw any part of such Person’s Capital Contribution or Capital Account or to receive any Distribution from the Company, except as expressly provided in this Agreement.

  • Involuntary Withdrawal Involuntary withdrawal of a Partner shall include, but not be limited to, the following: a.) Death of a Partner; b.) Partner that becomes incapacitated or not able to make decisions on their own as determined by a licensed physician; c.) A handicap of a Partner that prevents the individual from carrying out their Partnership duties and obligations; d.) Incompetence or negligence of a Partner; e.) A Partner’s breach of fiduciary duties;

  • Notice of Withdrawal Agent will return to any person tendering the Shares, in the manner described in Article I, Section 8 hereof, any Shares tendered by such person but duly withdrawn pursuant to the Offer to Purchase. To be effective, Agent must receive a written notice of withdrawal at its address as set forth on the back page of the Offer to Purchase, within the time period specified for withdrawal in the Offer to Purchase or other method mutually agreed to by the Purchaser and Agent. Any notice of withdrawal must specify the name of the registered holder of the Shares to be withdrawn, the number of the Shares to be withdrawn and, if such Shares are represented by a physical certificate, the number of such certificate. Agent is authorized and directed to examine any notice of withdrawal to determine whether it believes any such notice may be defective. In the event Agent concludes that any such notice is defective it shall, after consultation with and on the instructions of the Purchaser, use reasonable efforts in accordance with its regular procedures to notify the person delivering such notice of such determination. All questions as to the form and validity (including time of receipt) of notices of withdrawal will be determined by the Purchaser in its sole discretion, whose determination shall be final and binding. Any Shares withdrawn in accordance with the procedures set forth in this section shall no longer be considered to be properly tendered unless such Shares are re-tendered prior to the Expiration Date in accordance with Article I, Section 2 hereof.

  • Permissible Withdrawals The Servicer may make withdrawals from each related Custodial P&I Account solely for the following: (a) remittances to the related Certificate Account; (b) reimbursement to itself for advances which have been recovered by subsequent collections including late payments, Liquidation Proceeds or Insurance Proceeds, to the extent funds on deposit recovered by such subsequent collections relate to the Mortgage Loans as to which such advances were made; (c) interest earnings on deposits to the related Custodial P&I Account, but only to the extent that such interest has been credited; (d) removal of amounts deposited in error; (e) removal of charges or other such amounts deposited on a temporary basis in the account; (f) removal of Servicing Fees to the extent deposited therein; and (g) termination of the account.

  • Partial Withdrawals At any time any Holder shall be entitled to request a withdrawal of such portion of the Interest held by such Holder as such Holder shall request.

  • Right to Resell after withdrawal to sell the Property withdrawn at any time or times subject to such conditions and provisions whether identical with or differing wholly or in part from the conditions and provisions applicable to the Property to be auctioned at the present auction and in such manner as the Assignee/Bank may deem fit.

  • Hardship Withdrawals Hardship withdrawals, as provided for in paragraph 6.9 of the Basic Plan Document #04, [X] are [ ] are not permitted.

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