Common use of Right of Defendant to Reject Settlement Clause in Contracts

Right of Defendant to Reject Settlement. If ten percent (10%) or more of the Class Members who have not separately settled their Released Class Claims with Defendant timely submit valid Elections Not to Participate in Settlement, Defendant will have the right, but not the obligation, to void the Settlement and the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Gross Settlement Amount, or any amounts that otherwise would have been owed under this Agreement, except that Defendant will pay the Settlement Administration Expenses incurred as of the date that Defendant exercises the right to void the Settlement. Defendant will notify Class Counsel and the Court whether it is exercising this right to void not later than seven (7) days after the Settlement Administrator notifies the Parties of the number of valid Elections Not to Participate in Settlement it has received.

Right of Defendant to Reject Settlement. If more than ten percent (10%) or more of the Class Members who have not separately settled their Released Class Claims with Defendant timely submit valid Elections Not to Participate in Settlement, Defendant will have the sole right, but not the obligation, to void the Settlement and Settlement, in which case the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Gross Settlement Amount, or any amounts that otherwise would have been owed under this Agreement, except that Defendant will pay the Settlement Administration Expenses incurred as of the date that Defendant exercises the right to void the SettlementSettlement pursuant to this Paragraph. Defendant will notify Class Counsel and the Court whether it is exercising its right pursuant to this right to void Paragraph not later than seven ten (710) calendar days after the Settlement Administrator notifies the Parties of the number of valid Elections Not to Participate in Settlement it has received.

Right of Defendant to Reject Settlement. If Plaintiff or more than ten percent (10%) or more of the Class Members who have not separately settled their Released Class Claims with Defendant timely submit valid Elections Not to Participate in Settlement, Defendant will have the sole right, but not the obligation, to void the Settlement and Settlement, in which case the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Gross Settlement Amount, or any amounts that otherwise would have been owed under this Agreement. However, except that Defendant will pay the be solely responsible for all Settlement Administration Expenses incurred as of the date that Defendant exercises the right to void the SettlementSettlement pursuant to this section. Defendant will must notify Class Counsel and the Court whether it is exercising its right pursuant to this right to void not section no later than seven fourteen (714) calendar days after the Settlement Administrator notifies the Parties of the number of valid Elections Not to Participate in Settlement it has received.

Right of Defendant to Reject Settlement. If ten more than five percent (105%) or more of the Class Members who have not separately settled their Released Class Claims with Defendant timely submit valid Elections Not to Participate in Settlement, Defendant will have the sole right, but not the obligation, to void the Settlement and Settlement, in which case the Parties will have no further obligations under the Settlement, including any obligation by Defendant to pay the Gross Settlement Amount, or any amounts that otherwise would have been owed under this Agreement, except that Defendant will pay the be solely responsible for all Settlement Administration Expenses incurred as of the date that Defendant exercises the right to void the SettlementSettlement pursuant to this Paragraph. Defendant will must notify Class Counsel and the Court whether it is exercising its right pursuant to this right to void Paragraph not later than seven (7) calendar days after the Settlement Administrator notifies the Parties of the number of valid Elections Not to Participate in Settlement it has received.