Common use of MODIFICATION OR TERMINATION OF AGREEMENT Clause in Contracts

MODIFICATION OR TERMINATION OF AGREEMENT. a. This Agreement shall terminate at the discretion of either GTL or Class Plaintiffs, through Plaintiffs’ Counsel, if: (1) the Court, or any appellate court(s), rejects, modifies, or denies approval of any portion of this Agreement or the proposed Settlement that results in a modification to a material term of the proposed Settlement, including, without limitation, the amount and terms of relief, the obligations of the Parties, the findings or conclusions of the Court, the provisions relating to notice, the definition of the class, the release, and/or the terms of the releases; or (2) the Court, or any appellate court(s), does not enter or completely affirm, or alters, narrows or expands, any portion of the Final Approval and Final Judgment (as provided in Section 7), or any of the Court’s findings of fact or conclusions of law, that results in a modification to a material term of the proposed Settlement. The terminating Party must exercise the option to withdraw from and terminate this Agreement, as provided in this Section 18.a., by a signed writing served on the other Parties no later than twenty (20) days after receiving notice of the event prompting the termination.

MODIFICATION OR TERMINATION OF AGREEMENT. a. This Agreement shall terminate at the discretion of either GTL Kemira or Direct Purchaser Class Plaintiffs, through Plaintiffs’ Interim DPP Lead Counsel, if: (1) the Court, or any appellate court(s), rejects, modifies, or denies approval of any portion of this Agreement or the proposed Settlement that results in a modification to a material term of the proposed Settlement, including, without limitation, the amount and terms of relief, the obligations of the Parties, the findings or conclusions of the Court, the provisions relating to notice, the definition of the class, the releaseClass, and/or the terms of the releasesRelease; or (2) the Court, or any appellate court(s), does not enter or completely affirm, or alters, narrows or expands, any portion of the Final Approval and Final Judgment (as provided in Section 7Paragraph 6), or any of the Court’s findings of fact or conclusions of law, that results in a modification to a material term of the proposed Settlement. The terminating Party must exercise the option to withdraw from and terminate this Agreement, as provided in this Section 18.aParagraph 17.a., by a signed writing served on the other Parties no later than twenty (20) days after receiving notice of the event prompting the termination.

MODIFICATION OR TERMINATION OF AGREEMENT. a. This Agreement shall terminate at the discretion of either GTL C&S or Direct Purchaser Class Plaintiffs, through Plaintiffs’ Interim DPP Lead Counsel, if: (1) the Court, or any appellate court(s), rejects, modifies, or denies approval of any portion of this Agreement or the proposed Settlement that results in a modification to a material term of the proposed Settlement, including, without limitation, the amount and terms of relief, the obligations of the Parties, the findings or conclusions of the Court, the provisions relating to notice, the definition of the class, the releaseClass, and/or the terms of the releasesRelease; or (2) the Court, or any appellate court(s), does not enter or completely affirm, or alters, narrows or expands, any portion of the Final Approval and Final Judgment (as provided in Section 7Paragraph 6), or any of the Court’s findings of fact or conclusions of law, that results in a modification to a material term of the proposed Settlement. The terminating Party must exercise the option to withdraw from and terminate this Agreement, as provided in this Section 18.aParagraph 17.a., by a signed writing served on the other Parties no later than twenty (20) days after receiving notice of the event prompting the termination.

MODIFICATION OR TERMINATION OF AGREEMENT. a. This Agreement shall terminate at the discretion of either GTL SII or Direct Purchaser Class Plaintiffs, through Plaintiffs’ Interim DPP Lead Counsel, if: (1) the Court, or any appellate court(s), rejects, modifies, or denies approval of any portion of this Agreement or the proposed Settlement that results in a modification to a material term of the proposed Settlement, including, without limitation, the amount and terms of relief, the obligations of the Parties, the findings or conclusions of the Court, the provisions relating to notice, the definition of the class, the release, and/or the terms of the releases; or (2) the Court, or any appellate court(s), does not enter or completely affirm, or alters, narrows or expands, any portion of the Final Approval and Final Judgment (as provided in Section 7Paragraph 6), or any of the Court’s findings of fact or conclusions of law, that results in a modification to a material term of the proposed Settlement. The terminating Party must exercise the option to withdraw from and terminate this Agreement, as provided in this Section 18.aParagraph 17.a., by a signed writing served on the other Parties no later than twenty (20) days after receiving notice of the event prompting the termination.