Common use of Rights of Withdrawal Clause in Contracts

Rights of Withdrawal. 15.1 If this Agreement is not approved by the Court as submitted or the Settlement is terminated or fails to become effective in accordance with the terms of this Agreement, the Settling Parties will be restored to their respective positions in the Litigation as of the day preceding the date of this Agreement. 15.2 Merck shall have the right, but not the obligation, to withdraw from the settlement and terminate this Settlement Agreement if the number of Class Members who properly and timely exercise their right under this Agreement to exclude themselves from the Class or opt out exceeds 1,000 in accordance with Section 15.3 below. 15.3 In the event that Merck wishes to exercise its right to terminate the Settlement Agreement under this Section 15 because the number of the Class Members who excluded themselves from the Settlement Class is unsatisfactory, Merck must notify the other Party in writing, within seven (7) days after receipt of the Notice Agent's final report on the number and identity of those Class Members who excluded themselves from the Settlement Class, of Merck's intention to withdraw from the settlement and terminate this Agreement. 15.4 In the event that the Settlement is not approved, as submitted, does not reach the Effective Date, or otherwise is terminated pursuant to the terms of this Agreement, then the terms and provisions of this Agreement will have no further force or effect with respect to the Parties and will not be used in this Litigation or in any other proceeding for any purpose, and any Judgment or order entered by the Court in accordance with the terms of this Agreement, including any order to certify the Class, will be vacated, nunc pro tunc, and the status of the litigation shall be as it was prior to the execution of the Agreement.

Rights of Withdrawal. 15.1 17.1 If this Agreement is not approved by the Court as submitted or the Settlement is terminated or fails to become effective Sears, in accordance with the terms of this a Confidential Supplemental Agreement, determines that the Settling Parties will be restored to their respective positions in the Litigation as number of the day preceding Opt-Outs reaches a certain threshold agreed to by the date of this Agreement. 15.2 Merck Parties, Sears, in its sole option, shall have the right, but not the obligation, right to withdraw from the settlement and terminate this Settlement Agreement if the number of Class Members who properly and timely exercise their right under this Agreement to exclude themselves from the Class or opt out exceeds 1,000 in accordance with Section 15.3 17.2 below. In addition, if the Court does not approve the Settlement Agreement as submitted, it shall be terminated. 15.3 17.2 In the event that Merck Sears wishes to exercise its right to terminate the Settlement Agreement under this Section 15 17 because the number of the Settlement Class Members who excluded themselves from the Settlement Class is unsatisfactoryreaches a certain threshold agreed to by the Parties, Merck Sears must notify the other Party in writing, within seven (7) days after receipt of the Notice Agent's final Settlement Administrator s f¶inal report on the number and identity of those Settlement Class Members who excluded themselves from the Settlement ClassClass following the Opt- Out Deadline, of Merck's intention Sears s i¶ntention to withdraw from the settlement and terminate this Agreement, which shall terminate the Settlement Agreement. 15.4 17.3 In the event that the this Settlement Agreement is not approved, approved as submitted, does not reach the Effective Date, or otherwise is terminated pursuant to the terms of this Agreement, then the Parties will be restored to their respective positions in the Litigation as of the day preceding the date of this Agreement, the terms and provisions of this Agreement will have no further force or effect with respect to the Parties and Parties, the Agreement or any of its terms will not be used in this Litigation or in any other proceeding for any purpose, and any Judgment or order entered by the Court in accordance with the terms of this Agreement, including any order to certify the Settlement Class, will be vacated, nunc pro tunc, and the status of the litigation Litigation shall be as it was prior to the execution of the this Agreement.

Rights of Withdrawal. 15.1 17.1 If this Agreement is not approved by the Court as submitted or the Settlement is terminated or fails to become effective Electrolux, in accordance with the terms of this a Confidential Supplemental Agreement, determines that the Settling Parties will be restored to their respective positions in the Litigation as number of the day preceding the date of this Agreement. 15.2 Merck Opt- Outs is unsatisfactory, Electrolux, in its sole option, shall have the right, but not the obligation, right to withdraw from the settlement and terminate this Settlement Agreement if the number of Class Members who properly and timely exercise their right under this Agreement to exclude themselves from the Class or opt out exceeds 1,000 in accordance with Section 15.3 17.2 below. In addition, if the Court does not approve the Settlement Agreement as submitted, it shall be terminated. 15.3 17.2 In the event that Merck Electrolux wishes to exercise its right to terminate the Settlement Agreement under this Section 15 17 because the number of the Class Members who excluded themselves from the Settlement Class is unsatisfactory, Merck Electrolux must notify the other Party in writing, within seven (7) days after receipt of the Notice Agent's Settlement Administrator’s final report on the number and identity of those Class Members who excluded themselves from the Settlement Class, of Merck's Electrolux’s intention to withdraw from the settlement and terminate this Agreement. 15.4 17.3 In the event that the this Settlement Agreement is not approved, as submitted, does not reach the Effective Date, or otherwise is terminated pursuant to the terms of this Agreement, then the Parties will be restored to their respective positions in the Litigation as of the day preceding the date of this Agreement, the terms and provisions of this Agreement will have no further force or effect with respect to the Parties and Parties, the Agreement or any of its terms will not be used in this Litigation or in any other proceeding for any purpose, and any Judgment or order entered by the Court in accordance with the terms of this Agreement, including any order to certify the Class, will be vacated, nunc pro tunc, and the status of the litigation Litigation shall be as it was prior to the execution of the Agreement.