Termination of Settlement; Effect of Termination. 18. The Parties shall each have the right to terminate the Settlement and this Stipulation by providing written notice of their election to do so to all other Parties within ten
Termination of Settlement; Effect of Termination. 34. Defendants (upon the election of a majority of Defendants) or Plaintiff shall have the right (but not the obligation) to terminate the Settlement and this Stipulation by providing written notice of their election to do so to all other Parties within ten (10) business day of (a) the Court’s declining to enter the Scheduling Order in any material respect; (b) the Court’s declining to enter the Judgment approving the settlement, in any material respect; (c) modification or reversal of the Judgment approving the Settlement, in any material respect on or following appellate review, remand, collateral attack, or other proceedings, or (d) failure to satisfy any of the other conditions of Section G.
Termination of Settlement; Effect of Termination. 19. If either (a) the Court declines to enter the Scheduling Order in any material respect; (b) the Court declines to enter the Judgment in any material respect, (c) the Court enters the Judgment or an Alternative Judgment but on or following appellate review, remand, collateral attack or other proceedings the Judgment or Alternative Judgment is modified or reversed in any material respect, or (d) any of the other conditions of Paragraph 9 are not satisfied, this Stipulation shall be cancelled and terminated, unless counsel for each of the Parties, within ten (10) business days from receipt of such ruling or event, agrees in writing with counsel for the other Parties to proceed with this Stipulation and the Settlement, including only with such modifications, if any, as to which all other Parties in their sole judgment and discretion may agree. For purposes of this Paragraph, an intent to proceed shall not be valid unless it is expressed in a signed writing. Neither a modification nor a reversal on appeal of the amount of fees, costs and expenses awarded by the Court to Plaintiffs’ Counsel shall be deemed a material modification of the Judgment or this Stipulation.
Termination of Settlement; Effect of Termination. 24. The Parties shall each have the right to terminate the Settlement and this Stipulation by providing written notice of their election to do so to the other Parties within ten business days of (a) the Court’s declining to enter the Validity Order in any material respect; (b) the Court’s declining to enter the Scheduling Order in any material respect; (c) the Court’s declining to enter the Judgment in any material respect; (d) modification or reversal of the Judgment in any material respect on or following appellate review, remand, collateral attack or other proceedings; or (e) failure to satisfy any of the other conditions of Section E (other than the occurrence of the Effective Date). Neither a modification nor a reversal on appeal of the Fee and Expense Awards shall be deemed a material modification of the Judgment or this Stipulation.
Termination of Settlement; Effect of Termination. 20. If either (a) the Court of Chancery does not enter the Judgment in substantially the form of Exhibit C, (b) the Court of Chancery enters the Judgment but on or following appellate review the Judgment is modified or reversed in any material respect, or (c) any of the other conditions of paragraph 16 are no longer capable of being satisfied, this Stipulation shall be canceled and terminated unless each of the Parties to this Stipulation, within ten (10) business days from receipt of such ruling or event, agrees in writing with the other Parties hereto to proceed with this Stipulation and Settlement, including only with such modifications, if any, as to which all other Parties in their sole judgment and discretion may agree. For purposes of this paragraph, an intent to proceed shall not be valid unless it is expressed in a signed writing. Neither a modification nor a reversal on appeal of the amount of fees, costs and expenses awarded by the Court of Chancery to Lead Counsel shall be deemed a material modification of the Judgment or this Stipulation.
Termination of Settlement; Effect of Termination. 43. If (a) the Court declines to enter the Scheduling Order in any material respect, (b) the Court declines to enter the Judgment in any material respect, (c) the Court enters the Judgment or an Alternative Judgment but on or following appellate review, remand, collateral attack or other proceedings the Judgment or Alternative Judgment is modified or reversed in any material respect, (d) the Amended MCC Merger Agreement and the Amended MDLY Merger Agreement are not executed on or prior to July 31, 2019 and any Party elects in writing to terminate this Stipulation, or (e) any of the other conditions of Section F hereof are not satisfied, this Stipulation shall be canceled and terminated, unless counsel for each of the Parties, within ten (10) business days from receipt of such ruling or event, agrees in writing with counsel for the other Parties to proceed with this Stipulation and the Settlement, including only with such modifications, if any, as to which all other Parties in their sole judgment and discretion may agree. For purposes of this paragraph, an intent to proceed shall not be valid unless it is expressed in a signed writing. Neither a modification nor a reversal on appeal of the amount of fees, costs and expenses awarded by the Court to Plaintiffs’ Counsel shall be deemed a material modification of the Judgment or this Stipulation.
