Exclusions and Rights to Terminate a. No later than January 10, 2020, Class Counsel shall provide Defendant’s counsel with a complete and final list of Persons that elected to exclude themselves from the Certified Class. With the motion for Final Approval of the Settlement, Class Counsel will file with the Court a complete list of requests for exclusion from the Certified Class (including only the name, city and state of the person or entity requesting exclusion) and the Exclusion Report and Recommendation of the Notice and Claims Administrator.
b. Either Settling Party may move the Court to adopt or modify the Exclusion Report and Recommendation. In the absence of a motion to adopt the Exclusion Report and Recommendation, or a motion by either Settling Party, or any other Person, disputing it, the Settling Parties agree that the findings of the Notice and Claims Administrator as to the 18 authority of any entity to exclude claims and the market shares of those Persons that validly opted out of the Certified Class will be binding on them and serve as the basis for calculating whether the termination threshold has been met as set forth in ¶ 31(d) and the Supplemental Agreement. In the event of a motion pursuant to this subparagraph, or in the event any Person purports to dispute the findings of the Notice and Claims Administrator contained in the Exclusion Report and Recommendation, the Settling Parties agree to jointly request an in-person evidentiary hearing to resolve the matter. If practicable, that hearing may be combined with the Final Approval Hearing.
c. With respect to any member of the Certified Class who requested exclusion from the Certified Class and is therefore not a member of the Class, Defendant reserves all of its legal rights and defenses, including, but not limited to, any defenses relating to whether the member of the Certified Class is an indirect purchaser of generic enoxaparin or Lovenox® and/or has standing to bring any claim.
d. Defendant shall have the option to terminate this Agreement if the purchases of generic enoxaparin or Lovenox® made by members of the Certified Class who validly requested exclusion from the Certified Class equal or exceed a threshold that shall be set by a confidential supplemental agreement (“Supplemental Agreement”), which shall not be filed on the public docket. In that case, after meeting and conferring with Class Counsel, Defendant may elect to terminate this Agreement by serving written notice on Class Counsel by email and overnight c...
Exclusions and Rights to Terminate. (a) No later than seven days following the deadline set by the Court for Class 15 Members to exclude themselves, Settlement Class Counsel shall provide Defendants’ counsel with
16 a list of entities that elected to exclude themselves from the Classes. With the motion for Final 17 Approval of the Settlement, Settlement Class Counsel will file with the Court a list of requests for 18 exclusion from the Classes (including only the name, city, and state of the entity requesting 19 exclusion) and the Exclusion Report of the Notice and Claims Administrator.
(b) With respect to any member of the Class that requested exclusion and is 21 therefore not a member of the Class, Defendants reserve all of their legal rights and defenses.
Exclusions and Rights to Terminate. 16 a. No later than seven days following the deadline set by the Court for Class 17 Members to exclude themselves, Settlement Class Counsel shall provide Defendants’ counsel 18 with a list of entities that elected to exclude themselves from the Class. With the motion for Final 19 Approval of the Settlement, Settlement Class Counsel will file with the Court a list of requests for 20 exclusion from the Class (including only the name, city, and state of the entity requesting 21 exclusion) and the Exclusion Report of the Notice and Claims Administrator.
22 b. With respect to any member of the Class that requested exclusion and is 23 therefore not a member of the Class, Defendants reserve all of their legal rights and defenses.
24 c. Defendants shall have the option, in their sole discretion, to terminate this 25 Agreement, including because of the number of Class Members that validly requested exclusion 26 from the Settlement Class. After meeting and conferring with Settlement Class Counsel, 27 Defendants may, in their sole discretion, elect to terminate this Agreement by serving written 28 notice on Settlement Class Counsel by email and overnight courier, and by filing a copy of such 1 notice with the Court no later than fifteen days after receiving the Exclusion Report, unless such 2 date is extended by mutual agreement of the parties.
Exclusions and Rights to Terminate. (a) Class Counsel shall cause copies of requests for exclusion from the Classes 6 to be provided to LG Chem’s counsel. No later than fourteen (14) days after 7 the final date for mailing requests for exclusion, Class Counsel shall provide 8 LG Chem’s counsel with a complete and final list of opt-outs. With the 9 motion for final approval of the Settlement, Class Counsel will file with the 10 Court a complete list of requests for exclusion from the Classes, including 11 only the name, city and state of the person or entity requesting exclusion.
