Excessive Opt-Outs. In the event that 500 or more effective Opt-Out Statements are submitted, the Defendants shall have the right, in their sole discretion, to void this Agreement, by filing with the Court of a Notice of Withdrawal. In no event shall the Defendants file such a Notice of Withdrawal later than 21 calendar days after the end of the Opt-Out Period. If the Defendants file a timely Notice of Withdrawal, the Litigation will proceed as if no settlement had been attempted. In that event, the Court will enter an order decertifying any and all settlement classes and Plaintiffs will withdraw the Third Amended Complaint without prejudice and shall have 30 calendar days after such withdrawal to refile the complaints in the State Actions. The statutes of limitations for the claims in each State Action complaint shall be tolled for a maximum of 30 calendar days to allow for such refilings. Further, in the event of a withdrawal pursuant to this Section, the Corporate Defendants and Individual Defendants retain the right to contest whether this Litigation, as it existed immediately before the Third Amended Complaint, should be maintained as a class action or collective action and to contest the merits of the claims being asserted by Plaintiffs in this action.
Excessive Opt-Outs. All Settlement Class Members will be bound by all determinations and judgments in the Actions. In the event that the number of persons in the Settlement Class who validly and timely submit opt-out requests exceeds four hundred (400), Synchrony, in its sole discretion, may (but is not required to) terminate the Settlement. Synchrony shall inform Class Counsel within thirty (30) days after it is advised in writing that the number of valid opt-out requests is higher than four hundred as to whether it will exercise the right of termination. In the event that the Settlement is terminated pursuant to this provision, the Parties will be returned to the status quo ante as if no settlement had been negotiated or entered into, but Synchrony shall pay for all accrued notice and Claims administration costs as of the date of termination of the Settlement.
Excessive Opt-Outs. Good Health®’s willingness to enter into this Agreement is conditioned upon this Agreement providing adequate protections that the Settlement will resolve all or substantially all of the Settlement Class Member claims against Good Health®. Good Health® retains the right to withdraw from this Agreement if the number of Settlement Class Members who properly and timely exercise their rights under this Agreement to exclude themselves from the Settlement Class or opt-out exceeds two hundred fifty (250). In the event that Good Health® intends to exercise its right to withdraw from this Agreement pursuant to this provision, Good Health® must notify Class Counsel of its intention to withdraw from this Agreement and terminate this Agreement in writing, within ten (10) calendar days after receipt of the Claims Administrator’s report regarding “opt-out” Settlement Class Members which demonstrates opt-outs in excess of 250.
Excessive Opt-Outs. Defendants’ willingness to enter into this Agreement is conditioned upon this Agreement providing adequate protections that the Settlement will resolve all or substantially all of the Settlement Class Member’s claims against Defendants. Defendants retain the right to withdraw from this Agreement if the number of Settlement Class Members who properly and timely exercise their rights under this Agreement to exclude themselves from the Settlement Class or opt-out exceeds two hundred fifty (250). In the event that Defendants intend to exercise their right to withdraw from this Agreement pursuant to this provision, Defendants must notify Class Counsel of its intention to withdraw from this Agreement and terminate this Agreement in writing within fifteen (15) calendar days after receipt of the Claims Administrator’s report regarding “opt-out” Settlement Class Members which demonstrates opt-outs in excess of 250.
Excessive Opt-Outs. FINOVA shall have the exclusive right to exercise a Withdrawal Right by so notifying the other Parties in writing, in accordance with Section VII.D, no later than the fifth (5th) Business Day following the Opt Out Date, if: (a) the aggregate amount of claims, including principal and interest, of all Proposed Class Members (including all Note Sellers and Claims Traders) that timely and properly file an Opt Out Request in compliance with Section III.C.2 of this Master Settlement exceeds the Opt Out Amount; or (b) if any of the Prospective Class Members listed on Exhibit 6 hereto timely and properly files an Opt Out Request in compliance with Section III.C.2 of this Master Settlement Agreement.
