Common use of Non-Settling Trusts Clause in Contracts

Non-Settling Trusts. If a Trustee declines to accept the Settlement for any Trust on or prior to the Acceptance Date or rejects the Settlement Agreement on behalf of any or all Trusts for which that Trustee serves as trustee, or if any Trust is excluded by the court from the Settlement in connection with any judicial instruction proceeding, or if this Settlement otherwise does not become final as to a Trust (including if such Trust is excluded by court order), such Trust or Trusts shall be “Non-Settling Trusts.” The Allocable Share of the Settlement Payment that would otherwise have been paid to any Non-Settling Trust shall be retained by JPMorgan.