Opt Out Threshold. In the event that the number of Eligible CEP Recipients opting out or deemed to have opted out under the Approval Orders exceeds five thousand (5,000), this Agreement will be rendered void and the Approval Orders set aside in their entirety subject only to the right of Canada, in its sole discretion, to waive compliance with this Section of this Agreement. Canada has the right to waive compliance with this Section of the Agreement until thirty (30) days after the end of the Opt Out Periods.
Opt Out Threshold. (1) If the number of valid opt-outs reported by the Claims Administrator pursuant to s. 4.1(1)(c) exceeds the Opt-Out Threshold, the Defendant will have the option, but not the obligation, to terminate this Settlement Agreement by providing written notice to Class Counsel prior to the hearing of the first of the Settlement Approval Motions.
Opt Out Threshold. If the total number of Settlement Class Members who have delivered a valid Opt-Out Form exceeds the agreed opt-out number (as recorded in a separate confidential agreement executed by Class Counsel and Defence Counsel and delivered to the Court under seal), the Defendants may, in their discretion, within 14 days after receipt of the Threshold Notification, exercise the option to void this Settlement Agreement, in which case the Approval Order will be set aside in its entirety.
Opt Out Threshold. In the event that the number of eligible Claimants opting out or deemed to have opted out under the Certification Order exceeds fifty (50), this Agreement will be rendered void and the Certification Order set aside in its entirety subject only to the right of Canada, in its sole discretion, to waive compliance with this Section of the Agreement. Canada has the right to waive compliance with this Section of the Agreement until thirty (30) days after the end of the Opt Out Period.
Opt Out Threshold. (1) If the number of valid opt-outs reported by the Claims Administrator pursuant to
Opt Out Threshold. If the number of Class Members who have delivered a valid Opt Out Form exceeds 2,250 (two thousand two hundred fifty – the “Opt Out Threshold”), in Canada’s sole discretion Canada may, within thirty days after the end of the Opt Out Period, exercise the option to void this FSA, in which case the Approval Order will be set aside. For greater certainty, automatic opt outs pursuant to Rule 334.21(2) of the Federal Courts Rules are not to be counted in determining whether the Opt Out Threshold has been exceeded.
Opt Out Threshold. As set forth in a separate Confidential Supplement to this Settlement Agreement, between counsel for Pfizer and End-Payor Plaintiffs (“Confidential Supplement”), Pfizer shall have the discretion to terminate the Settlement if a threshold percentage of potential members of the Class exclude themselves as provided in paragraph 16. The Confidential Supplement will be provided to the Court, in camera, upon request.
