Rescission Based on Opt-Outs Sample Clauses

Rescission Based on Opt-Outs. Olam will have the sole discretion, but not the obligation, to rescind the Settlement Agreement if the Opt-Out Purchases by Class members for the period January 1, 2014 through December 31, 2019 total more than 20% of the total farmerstock purchases for the period January 1, 2014 through December 31, 2019. (The foregoing shall be referred to as the “Settlement Rescission”). If Xxxx elects to rescind the Settlement Agreement, then Xxxx agrees to make three witnesses who have been separately identified in the confidential side letter to this Agreement available for deposition at a mutually agreeable location in California, Georgia, or New York (or via video from those locations) within two weeks of the date it rescinds the Settlement Agreement.
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Rescission Based on Opt-Outs. Fieldale Farms will have the sole discretion to terminate the Class Settlement Agreement if Class Members representing more than 42% of Fieldale Farms’ United States total annual sales in 2014, 2015, or 2016 opt out of the Direct Purchaser Plaintiffs’ Settlement Class. Any such decision to rescind this Agreement must be made within fourteen (14) calendar days of Class Counsel providing a list of persons or entities that have timely requested exclusion from the Class.
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Rescission Based on Opt-Outs. 42. In the event that more than 25% of the putative members of the Settlement Class elect to opt out of the Settlement Class within the period prior to the Opt-Out Deadline allowed for such election, or they otherwise are allowed to opt out of the Settlement Class by the Court, by any other trial court, or by any appellate or reviewing court, then Defendants shall have, in their sole discretion, the option to rescind this Agreement in its entirety by giving notice of rescission. Written notice of the exercise of any such right to rescind shall be made according to the terms of Paragraph 48. Within ten (10) business days of such notice, Defendants’ Counsel shall deliver written instructions to the Escrow Agent, with a simultaneous copy delivered to Counsel for Plaintiffs, that all amounts in the Escrow Account created pursuant to Paragraphs 18 and 19, hereof, less only disbursements made, or the amounts of obligations incurred in accordance with Paragraphs 22 and 27, shall be wire transferred to Defendants pursuant to their instructions; provided, however, that if Counsel for Plaintiffs shall, within five (5) business days of receipt of such instructions, notify the Escrow Agent in writing, of any objection to Defendants’ instructions, with a simultaneous copy delivered to Defendants’ Counsel, then any amount subject to such objection shall not be transferred by the Escrow Agent pending agreement by the Parties resolving the objection or order of the Court.
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Related to Rescission Based on Opt-Outs

  • Termination Due To Lack of Funds a. In the event funds to finance this Contract become unavailable, the Department may terminate the Contract upon no less than twenty-four (24) hours written notice to the Vendor. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Department shall be the final authority as to the availability of funds.

  • Taxes and Fees Imposed on Providing Party But Passed On To Purchasing Party 11.4.1 Taxes and fees imposed on the providing Party, which are permitted or required to be passed on by the providing Party to its customer, shall be borne by the purchasing Party.

  • Notice of Events of Default The Issuer shall give a Responsible Officer of the Indenture Trustee and each Rating Agency prompt written notice of each Event of Default hereunder and each default on the part of the Servicer or the Seller of its obligations under the Sale and Servicing Agreement.

  • Shipping must be Freight On Board Destination to the delivery location designated on the Customer purchase order The Contractor will retain title and control of all goods until delivery is completed and the Customer has accepted the delivery. All risk of transportation and all related charges are the responsibility of the Contractor. The Customer will notify the Contractor and H-GAC promptly of any damaged goods and will assist the Contractor in arranging for inspection. The Contractor must file all claims for visible or concealed damage. Unless otherwise stated in the Agreement, deliveries must consist only of new and unused merchandise.

  • Waiver of Appellate and Post-Conviction Rights a. The defendant acknowledges, understands and agrees that by pleading guilty pursuant to this plea agreement he waives his right to appeal or collaterally attack a finding of guilt following the acceptance of this plea agreement, except on grounds of (1) ineffective assistance of counsel; or (2) prosecutorial misconduct.

  • Site to be free from Encumbrances Subject to the provisions of Clause 10.3, the Site shall be made available by the Authority to the Concessionaire pursuant hereto free from all Encumbrances and occupations and without the Concessionaire being required to make any payment to the Authority on account of any costs, compensation, expenses and charges for the acquisition and use of such Site for the duration of the Concession Period, except insofar as otherwise expressly provided in this Agreement. For the avoidance of doubt, it is agreed that existing rights of way, easements, privileges, liberties and appurtenances to the Licensed Premises shall not be deemed to be Encumbrances. It is further agreed that the Concessionaire accepts and undertakes to bear any and all risks arising out of the inadequacy or physical condition of the Site.

  • PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE / SUBSEQUENT ALLOTTEES It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the Project shall equally be applicable to and enforceable against any subsequent Allottees of the [Apartment/Plot], in case of a transfer, as the said obligations go along with the [Apartment/Plot] for all intents and purposes.

  • Amortization Schedule We do not provide an initial amortization schedule at the time of project agreement release but maintain a "Loan Summary Spreadsheet" on our website on the Financial Tab under "Loans". Once your loan is put into billing an amortization schedule will be posted to the same website, with a copy mailed to the Chief Financial Officer the month following project closeout.

  • FAILURE TO HONOUR SETTLEMENT AGREEMENT 32. If this Settlement Agreement is accepted by the Hearing Panel and, at any subsequent time, the Respondent fails to honour any of the Terms of Settlement set out herein, Staff reserves the right to bring proceedings under section 24.3 of the By-laws of the MFDA against the Respondent based on, but not limited to, the facts set out in Part IV of the Settlement Agreement, as well as the breach of the Settlement Agreement. If such additional enforcement action is taken, the Respondent agrees that the proceeding(s) may be heard and determined by a hearing panel comprised of all or some of the same members of the hearing panel that accepted the Settlement Agreement, if available.

  • Sale of Note; Change of Loan Servicer; Notice of Grievance The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the “Loan Servicer”) that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party’s actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.

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