Grounds for Settlement Termination. In accordance with the procedures specified herein, this Agreement may be terminated on the following grounds:
Grounds for Settlement Termination. In accordance with the procedures specified in Section VIII.B below, this Settlement Agreement may be terminated by any Party if the Court declines to enter the Preliminary Approval Order, Final Approval Order or Judgment in substantially the form submitted by the Parties, or the agreed-upon settlement does not become final for any other reason. Defendants may, at their sole discretion, terminate the Settlement Agreement if ten percent (10%) or more of the Settlement Class Members, by number and/or by value, exclude themselves from the settlement. Defendants must exercise their right to withdraw by providing written notice to Class Counsel within twenty (20) days of receiving notice from the Settlement Administrator that the total number of requests for exclusion has reached ten percent (10%). Defendants’ Counsel shall be provided by the Settlement Administrator with the identity of any Settlement Class Member who excludes themselves from the settlement.
Grounds for Settlement Termination. 1. If the number of OPT-OUT PLAINTIFFS exceeds seven percent (7%) of the total number of OPT-IN PLAINTIFFS who existed as of the date that the COURT enters its APPROVAL ORDER, DEFENDANT shall have the option in its sole discretion to terminate this SETTLEMENT AGREEMENT. If DEFENDANT elects to enforce this provision and terminate this SETTLEMENT AGREEMENT based on the number of OPT-OUT PLAINTIFFS, DEFENDANT must notify PLAINTIFFS’ COUNSEL within twenty (20) days of the OPT-OUT DEADLINE. This termination provision will no longer be in effect twenty (20) days after the OPT-OUT DEADLINE.
Grounds for Settlement Termination. Class Counsel or Defense Counsel may terminate the Agreement if the Court declines to enter an Order Granting Preliminary Approval or an Order Granting Final Approval in substantially the same form as that submitted by the Parties, the Agreement does not become final for any other reason, or a Court of Appeals reverses the entry of an Order Granting Final Approval or a final judgment in this Litigation, provided that the Parties agree to work cooperatively and in good faith to address and resolve any concerns identified by the Court in declining to enter an Order Granting Preliminary Approval, an Order Granting Final Approval, or a judgment in the form submitted by the Parties. Notwithstanding the foregoing, the Court’s reduction and/or denial of the Service Awards or the Plaintiffs’ Attorneys’ fees and/or Plaintiffs’ Litigation Expenses requested by Plaintiffs shall not be grounds for termination of this Agreement.
Grounds for Settlement Termination. Any Party may terminate the Settlement Agreement if the Court declines to enter the Approval Order or judgment in the form submitted by the Parties, or if a Court of Appeals reverses the entry of an Approval Order or judgment. Additionally, should Defendants file for bankruptcy prior tothe Final Effective Date, Plaintiff may terminate this Settlement Agreement.
Grounds for Settlement Termination. Either Party may terminate the Agreement if the Arbitrator declines to enter the Preliminary Approval Award or Final Approval Award, except if the Arbitrator declines to enter the Preliminary Approval Award or Final Approval Award due solely to the amount of attorneys’ fees sought by Class Counsel. This Agreement is not contingent upon approval by the Arbitrator of Class Counsel’s application for attorneys’ fees, and if the Arbitrator approves the settlement payment amount allocated to the Class Members as set forth in this Agreement, but not the full application for attorneys’ fees, (i) the Agreement may not be terminated, and (ii) any Arbitrator-required reduction of the attorneys’ fees will be reallocated to Class Members as part of the Net Fund. Respondent will not oppose (a) an application for attorneys’ fees of up to one-third of the Total Settlement Amount, plus litigation costs not to exceed $10,000.00, to be paid out of the Total Settlement Amount, and/or (b) a motion for reconsideration of such application.
Grounds for Settlement Termination. Either Party may terminate the Agreement if the Court declines to enter the Preliminary Approval Order or Final Approval Order, except if the Court declines to enter the Preliminary Approval Order or Final Approval Order due solely to the amount of upon approval by the Court fees, and if the Court approves the settlement payment amount allocated to the Class Members and Putative Collective Members as set forth in this may not be terminated, and (ii) any Court-required reduction of the and Putative Collective Members as part of the Net Fund. Meltwater will not oppose (a) an -third of the Total Settlement Amount, plus litigation costs not to exceed $30,000.00, to be paid out of the Total Settlement Amount, and/or (b) a motion for reconsideration of such application.
Grounds for Settlement Termination. In the event that the Court declines to enter the Preliminary Approval Order or the Final Approval Order, except if the Court declines to enter the Preliminary Approval Order or the Final Approval Order due solely to the amount of attorneys’ fees sought by Class Counsel, the Parties Agree to work together in an effort resolve any issues identified by the Court in an attempt to reach a modified agreement to resubmit to the Court for approval. If the Parties are unable to reach an agreement, then either Party has the right to terminate the Agreement. This Agreement is not contingent upon approval by the Court of Class Counsel’s application for attorneys’ fees, and if the Court approves the settlement payments allocated to Participating Class and Participating Collective Members as set forth in this Agreement, but not the application for attorneys’ fees, the Agreement may not be terminated. Defendants will not oppose (a) an application for attorneys’ fees of up to one-third of the Maximum Settlement Amount, plus litigation costs and expenses, to be paid out of the Maximum Settlement Amount, and/or (b) a motion for reconsideration of such application.
Grounds for Settlement Termination. Either Party may terminate the Agreement if the Arbitrator declines to enter the Preliminary Approval Award or the Final Approval Award, except if the Arbitrator declines to enter the Preliminary Approval Award or the Final Approval Award due solely to the amount of attorneys’ fees sought by Xxxxxxxx’s Counsel. This Agreement is not contingent upon the Arbitrator’s approval of Claimant’s Counsel’s application for attorneys’ fees, and if the Arbitrator approves the settlement payments allocated to Class Members as set forth in this Agreement, but not the application for attorneys’ fees, the Agreement may not be terminated. Respondent may also terminate this Agreement in the event that 50% or more of the Class Members elect to opt out.
