RIGHT TO APPEAR AND OBJECT Sample Clauses

RIGHT TO APPEAR AND OBJECT. Any member of the Settlement Class who objects to the Settlement and/or the Order and Final Judgment to be entered by the Court, and/or Co-Lead Counsel’s application for attorneys’ fees and expenses, or otherwise wishes to be heard, may appear personally or by counsel at the Settlement Hearing and present any evidence or argument that may be proper and relevant; provided, however, that no member of the Settlement Class may be heard and no papers or briefs submitted by or on behalf of any member of the Settlement Class shall be received and considered, except by Order of the Court for good cause shown, unless, no later than ten (10) business days prior to the Settlement Hearing, such person files with the Register in Chancery, Court of Chancery, 000 Xxxxx Xxxx Xxxxxx, Xxxxxxxxxx, XX, 00000, and serves upon the attorneys listed below: (a) a written notice of intention to appear; (b) proof of membership in the Settlement Class; (c) a detailed statement of objections to any matter before the Court; and (d) the grounds therefor or the reasons for wanting to appear and be heard, as well as all documents or writings the Court shall be asked to consider. These writings must also be served, on or before such filing with the Court, by hand or overnight mail upon the following attorneys: Xxxxxx X. Xxxxx, Esq. Xxxxx & Xxxxxxxxxx P.A. 0000 Xxxxx Xxxxxx Xxxxxx Wilmington, Delaware 19801 Xxxxxxx X. Xxxxxxx, Esq. Xxxxxx Xxxxxxx Arsht & Xxxxxxx LLP 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Xxxxxxx X. Xxxxx, Esq. Xxxxxxx Xxxxxx Xxxxxx & Xxxx LLP 000 Xxxx Xxxxxxxx, Xxxxx 0000 San Diego, CA 92101 Xxxxxxx X. XxXxxxxxx, Esq. Xxxxxxxx, Xxxxxx & Xxxxxx, P.A. 000 Xxxxx Xxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Xxxxxxx X. Xxxxx, Xx., Esq. Xxxxx Xxxx Xxxxxxxx & Xxxxxx, LLP 000 X. Xxxx Street, Suite 400 Wilmington, Delaware 19801 Xxxxxxx X. Xxxxxxx, Esq. Xxxxxx Xxxxxxxx & Xxxxxxx LLP 0000 Xxxxxx Xxxxxx Hercules Plaza Wilmington, Delaware 19899-0951 Any Class Member who does not object to the Settlement or the request by Co-Lead Counsel for an award of attorneys’ fees and expenses need not take any action with respect to this Notice or this Settlement. Unless the Court otherwise directs, no person will be entitled to object to the approval of the Settlement, the judgment to be entered in the Action, or the fee and expense application, nor will he, she or it otherwise be entitled to be heard, except by serving and filing a written objection as described above. Any person who fai...
Sample 1
AutoNDA by SimpleDocs
RIGHT TO APPEAR AND OBJECT. Any putative Settlement Class Member who has not timely and properly provided notice of an election to opt out of the Initial Class and the proposed Settlement, or to opt out of the Supplemental Class and the proposed Settlement, in the manner set forth below may appear at the Fairness Hearing in person or by counsel and be heard, to the extent the Court allows, either in support of, or in opposition to, the matters that the Court will consider at the Fairness Hearing, provided, however, that no putative Settlement Class Member who has elected to opt out from the Settlement shall be entitled to object, and provided further that no person shall be heard, and the Court shall not consider any papers, briefs, or other submissions in connection with its consideration of those matters, unless such person files the objection with the Court, with a copy delivered to Class Counsel and Gogo’s Counsel at the addresses set out in the Notice, no later than , 2016. Settlement Class Members may object either on their own or through an attorney hired at their own expense.
Sample 1
RIGHT TO APPEAR AND OBJECT. Any member of the Class who objects to: (a) the Settlement, (b) the class and derivative Action determinations, (c) the dismissal, (d) the judgments to be entered with respect thereto, and/or (e) Plaintiffs’ counsel’s request for fees and reimbursement of costs and expenses in the Action, or (f) who otherwise wishes to be heard, may appear in person or by their attorney at the Settlement Hearing and present evidence or argument that may be proper and relevant to do so, however, such person must not later than ten (10) calendar days prior to the Settlement Hearing, (unless the Court in its discretion shall thereafter otherwise direct for good cause shown) file with the Register in Chancery: (i) a written notice of intention to appear, (ii) a statement of such person’s objections to any matters before the Court, and (iii) the grounds thereof or the reasons for such person’s desiring to appear and be heard, as well as documents or writings such person desires the Court to consider. Also, on or before the date of filing such papers, such person must serve them upon the following counsel of record:
Sample 1
RIGHT TO APPEAR AND OBJECT. No person who has elected to be excluded from the Settlement shall be permitted to object or otherwise be heard on the matters to be considered at the hearing. Except as otherwise provided herein, Settlement Class Members who have not excluded themselves from the Settlement may appear at the Fairness Hearing, in person or by their counsel, to be heard, to the extent permitted by the Court, on the matters to be considered at the hearing. No person shall be heard (whether through statement, testimony, or any paper submitted to the Court) by the Court at or in connection with the Fairness Hearing unless he or she complies with the following: a. Any objection by a putative Settlement Class Member must be filed with the Court, with a copy delivered to the Settlement Administrator, Settlement Class Counsel, and Popular’s Counsel at the addresses set out in the Long-Form Notice, within the Opt-Out Period set forth in the Settlement Agreement, or by the first business day after the Opt-Out Period if the Opt-Out Period does not end on a business day. No putative Settlement Class Member shall be heard (whether through statement, testimony, or any paper submitted to the Court) by the Court at or in connection with the Fairness Hearing unless the putative Settlement Class Member properly files and delivers his or her written and signed objection postmarked no later than the Objection Deadline. b. For an objection to be considered by the Court, in addition to being timely, it must contain a caption or title that identifies it as “Objection to Class Settlement in Xxxxx v. Popular Community Bank, Index No. 653936/2012” and also state the following: i. The objector’s full name, address, and telephone number; ii. An explanation of the basis upon which the objector claims to be a Settlement Class Member; iii. All grounds for the objection, accompanied by any legal support for the objection known to the objector or his or her counsel; iv. The number of times in which the objector has objected to a class action settlement within the five years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders or opinions related to or ruling upon the objector’s prior such objections that were issued by the trial and appellate courts in each listed case; v. The identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for...
Sample 1
RIGHT TO APPEAR AND OBJECT. Any Class Member who wishes to object to the 15 Proposed Settlement must do so in accordance with Paragraph XII.A of the Settlement Agreement.
Sample 1

Related to RIGHT TO APPEAR AND OBJECT

  • Right to Appeal Notwithstanding a determination by any forum listed in Section VI.D above that the Indemnitee is not entitled to indemnification with respect to a specific Proceeding, the Indemnitee shall have the right to apply to the court in which that Proceeding is or was pending, or to any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification pursuant to this Agreement. Such enforcement action shall consider the Indemnitee’s entitlement to indemnification de novo, and the Indemnitee shall not be prejudiced by reason of a prior determination that the Indemnitee is not entitled to indemnification. The Company shall be precluded from asserting that the procedures and presumptions of this Agreement are not valid, binding and enforceable. The Company further agrees to stipulate in any such judicial proceeding that the Company is bound by all the provisions of this Agreement and is precluded from making any assertion to the contrary.

  • Right to Counsel The Indemnified Persons shall have the right to employ counsel in their, its, his or her sole discretion. Such Indemnified Persons shall be responsible for the expenses of such separate counsel except as provided in Subsection 6(c)(iii). The Advisor agrees to cooperate fully with the Indemnified Persons and their separate counsel in responding to such threatened or actual claims.

  • Waiver of Right to Appeal Provided the Judgment is consistent with the terms and conditions of this Agreement, specifically including the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment reflected set forth in this Settlement, the Parties, their respective counsel, and all Participating Class Members who did not object to the Settlement as provided in this Agreement, waive all rights to appeal from the Judgment, including all rights to post-judgment and appellate proceedings, the right to file motions to vacate judgment, motions for new trial, extraordinary writs, and appeals. The waiver of appeal does not include any waiver of the right to oppose such motions, writs or appeals. If an objector appeals the Judgment, the Parties’ obligations to perform under this Agreement will be suspended until such time as the appeal is finally resolved and the Judgment becomes final, except as to matters that do not affect the amount of the Net Settlement Amount.

  • Right to Grieve Where an employee feels that she has been aggrieved by a decision of the Employer related to promotion, demotion or transfer, the employee may grieve the decision at Step 3 of the grievance procedure in Article 9 of this Agreement within seven (7) days of being notified of the results.

  • Your Right to Cancel You can cancel this Agreement by giving written notice to us within 5 business days of being handed a completed copy of this Agreement; or within 7 business days of receipt if the completed Agreement is emailed or sent to you electronically; or within 9 business days of the date the completed Agreement was posted to you (if applicable). Saturdays, Sundays and national public holidays are not counted as business days. You can physically give the notice to us or our employee or agent, post the notice to us or our agent or email the notice to our email address listed in these Commercial Terms. If you cancel this Agreement, you must immediately repay the Loan and any interest accrued for the period starting on the day you get the Loan until the day you repay us in full (if relevant). You must also reimburse us for any reasonable expenses we have to pay in connection with this Agreement and its cancellation, including legal fees and credit report fees. This statement is only a summary of your cancellation rights and obligations. If you want more information, or if you think that we are being unreasonable in any way, you should seek legal advice immediately. If you are unable reasonably to keep up your payments because of illness, injury, loss of employment, the end of a relationship, or other reasonable cause, you may be able to ask us to vary the terms of this Agreement (we call this a Hardship Variation). To apply for a Hardship Variation, you need to:

  • Right to Participate The indemnified party agrees to afford the indemnifying party and its counsel the opportunity to be present at, and to participate in, conferences with all persons, including Governmental Authorities, asserting any Indemnity Claim against the indemnified party or conferences with representatives of or counsel for such persons.

  • Right to Amend Procedure The Custodian may amend the procedure for the withdrawal of Bullion only where such amendment is caused by a change in the Rules or procedures of the Relevant Association. Any such amendment will be subject to the notification conditions of the preceding clause 3.2 and will be promptly notified to the Sponsor and the Trustee, such notice to be given in advance of implementation whenever practicable.

  • Right to Assign Each Lender may sell, transfer, negotiate or assign (a “Sale”) all or a portion of its rights and obligations hereunder (including all or a portion of its Commitments and its rights and obligations with respect to Loans and Letters of Credit) to (i) any existing Lender (other than a Non-Funding Lender or Impacted Lender), (ii) any Affiliate or Approved Fund of any existing Lender (other than a Non-Funding Lender or Impacted Lender) or (iii) any other Person (other than the Borrower and its Subsidiaries, a natural Person or, so long as no Event of Default is then continuing, a Disqualified Institution) with the prior written consent (which consent shall not be unreasonably withheld or delayed, except in connection with a proposed assignment to any Disqualified Institution) of the Administrative Agent, and, as long as no Event of Default is continuing, the prior written consent of the Borrower, and, in the case of any Sale of a Revolving Loan, Letter of Credit or Revolving Loan Commitment, the Revolver Agent and each L/C Issuer that is a Lender (which such consent of L/C Issuer and the Borrower shall be deemed to have been given unless an objection is delivered to the Administrative Agent within ten (10) Business Days after notice of a proposed Sale is delivered to the Borrower) (each of the Persons described in clauses (i), (ii) and (iii) being called herein an “Eligible Assignee”); provided, however, that (w) such Sales do not have to be ratable between the Revolving Loan and the Term Loan but must be ratable among the obligations owing to and owed by such Lender with respect to the Revolving Loans or the Term Loan, (x) for each Loan, the aggregate outstanding principal amount (determined as of the effective date of the applicable Assignment) of the Loans, Commitments and Letter of Credit Obligations subject to any such Sale shall be in a minimum amount of $1,000,000, unless such Sale is made to an existing Lender or an Affiliate or Approved Fund of any existing Lender, is of the assignor’s (together with its Affiliates and Approved Funds) entire interest in such facility or is made with the prior written consent of the Borrower (to the extent Borrower’s consent is otherwise required) and the Administrative Agent and, in the case of any Sale of a Revolving Loan, Letter of Credit or Revolving Loan Commitment, the Revolver Agent, (y) interest accrued, prior to and through the date of any such Sale may not be assigned, and (z) such Sales by Lenders who are Non-Funding Lenders due to clause (a) of the definition of Non-Funding Lender shall be subject to the Administrative Agent’s prior written consent in all instances, unless in connection with such sale, such Non-Funding Lender cures, or causes the cure of, its Non-Funding Lender status as contemplated in subsection 1.11(e)(v). The Administrative Agent’s refusal to accept a Sale to a Credit Party, a holder of other Indebtedness of a Credit Party or an Affiliate of such a holder, or to a Person that would be a Non-Funding or Impacted Lender, or the imposition of conditions or limitations (including limitations on voting) upon Sales to such Persons, shall not be deemed to be unreasonable. In no event shall any Lender Sell any Loan or Commitment to Borrower or any Subsidiary thereof and any such purported Sale shall be null and void.

  • Right to Convert In addition to and without limiting the rights of the holder under the terms of this Warrant, the holder shall have the right to convert this Warrant or any portion thereof (the “Conversion Right”) into Shares as provided in this Section 10.2 at any time or from time to time during the term of this Warrant. Upon exercise of the Conversion Right with respect to a particular number of Shares subject to this Warrant (the “Converted Warrant Shares”), the Company shall deliver to the holder (without payment by the holder of any exercise price or any cash or other consideration) that number of fully paid and nonassessable Shares as is determined according to the following formula: X = B - A Where: X = the number of Shares that shall be issued to holder Y = the fair market value of one Share A = the aggregate Warrant Price of the specified number of Converted Warrant Shares immediately prior to the exercise of the Conversion Right (i.e., the number of Converted Warrant Shares multiplied by the Warrant Price) B = the aggregate fair market value of the specified number of Converted Warrant Shares (i.e., the number of Converted Warrant Shares multiplied by the fair market value of one Converted Warrant Share) No fractional Shares shall be issuable upon exercise of the Conversion Right, and, if the number of Shares to be issued determined in accordance with the foregoing formula is other than a whole number, the Company shall pay to the holder an amount in cash equal to the fair market value of the resulting fractional Share on the Conversion Date (as hereinafter defined). For purposes of Section 10 of this Warrant, Shares issued pursuant to the Conversion Right shall be treated as if they were issued upon the exercise of this Warrant.

  • Right to Contest Borrower, at its own expense, may contest by appropriate legal proceedings, conducted diligently and in good faith, the amount or validity of any Imposition other than Insurance premiums and Ground Rent (if applicable), if: (i) Borrower notifies Lender of the commencement or expected commencement of such proceedings, (ii) the Mortgaged Property is not in danger of being sold or forfeited, (iii) if Borrower has not already paid the Imposition, Borrower deposits with Lender reserves sufficient to pay the contested Imposition, if requested by Lender, and (iv) Borrower furnishes whatever additional security is required in the proceedings or is reasonably requested by Lender, which may include the delivery to Lender of reserves established by Borrower to pay the contested Imposition.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!