Common use of WAIVER OR TERMINATION Clause in Contracts

WAIVER OR TERMINATION. 39. Defendants and Lead Plaintiffs shall have the right to terminate the Settlement and this Stipulation by providing written notice of their election to do so (“Termination Notice”), through counsel, to all other Parties hereto within fourteen (14) calendar days of: (i) the Court’s Final refusal to enter the Preliminary Approval Order in any respect that the terminating Party reasonably and in good faith believes is materially adverse to it; (ii) the Court’s Final refusal to approve this Stipulation in any respect that the terminating Party reasonably and in good faith believes is materially adverse to it; (iii) the Court’s Final refusal to enter (a) the Judgment in any respect that the terminating Party reasonably and in good faith believes is materially adverse to it or (b) an Alternative Judgment that is acceptable to all Parties; or (iv) the date upon which the Judgment or Alternative Judgment is modified or reversed in any respect by a Final order of the Court, the United States Court of Appeals, or the Supreme Court of the United States that the terminating Party reasonably and in good faith believes is materially adverse to it. For the avoidance of doubt, Lead Plaintiffs shall not have the right to terminate the Settlement due to any decision, ruling, or order respecting the Fee and Expense Application or any plan of allocation.

WAIVER OR TERMINATION. 39. Defendants and Lead Plaintiffs shall have the right to terminate the Settlement and this Stipulation by providing written notice of their election to do so (“Termination Notice”), through counsel, to all other Parties hereto within fourteen (14) calendar days of: (i) the Court’s Final refusal to enter the Preliminary Approval Order in any respect that the terminating Party reasonably and in good faith believes is materially adverse to it; (ii) the Court’s Final refusal to approve this Stipulation in any respect that the terminating Party reasonably and in good faith believes is materially adverse to it; (iii) the Court’s Final refusal to enter (a) the Judgment in any respect that the terminating Party reasonably and in good faith believes is materially adverse to it or (b) an Alternative Judgment that is acceptable to all Parties; or (iv) the date upon which the Judgment or Alternative Judgment is modified or reversed in any respect that the terminating Party reasonably and in good faith believes is materially adverse to it by a Final order of the Court, the United States Court of Appeals, or the Supreme Court of the United States that the terminating Party reasonably and in good faith believes is materially adverse to itStates. For the avoidance of doubt, Lead Plaintiffs shall not have the right to terminate the Settlement due to any decision, ruling, or order respecting the Fee and Expense Application or any plan of allocation.

WAIVER OR TERMINATION. 39. Defendants and Lead Plaintiffs Plaintiff shall have the right to terminate the Settlement and this Stipulation by providing written notice of their election to do so (“Termination Notice”), through counsel, to all other Parties hereto within fourteen (14) calendar days of: (i) the Court’s Final refusal to enter the Preliminary Approval Notice Order in any respect that the terminating Party reasonably and in good faith believes is materially adverse to it; (ii) the Court’s Final refusal to approve this Stipulation in any respect that the terminating Party reasonably and in good faith believes is materially adverse to it; (iii) the Court’s Final refusal to enter (a) the Judgment in any respect that the terminating Party reasonably and in good faith believes is materially adverse to it or (b) an Alternative Judgment that is acceptable to all Parties; or (iv) the date upon which the Judgment or Alternative Judgment is modified or reversed in any respect that the terminating Party reasonably and in good faith believes is materially adverse to it by a Final order of the Court, the United States Court of Appeals, or the Supreme Court of the United States that the terminating Party reasonably and in good faith believes is materially adverse to itStates. For the avoidance of doubt, Lead Plaintiffs Plaintiff shall not have the right to terminate the Settlement due to any decision, ruling, or order respecting the Fee and Expense Application or any plan of allocation.

WAIVER OR TERMINATION. 39. Defendants and Lead Plaintiffs shall have the right to terminate the Settlement and this Stipulation by providing written notice of their election to do so (“Termination Notice”), through counsel, to all other Parties hereto within fourteen (14) calendar days of: (i) the Court’s Final refusal to enter the Preliminary Approval Order in any respect that the terminating Party reasonably and in good faith believes is materially adverse to it; (ii) the Court’s Final refusal to approve this Stipulation in any respect that the terminating Party reasonably and in good faith believes is materially adverse to it; (iii) the Court’s Final refusal to enter (a) the Judgment in any respect that the terminating Party reasonably and in good faith believes is materially adverse to it or (b) an Alternative Judgment that is acceptable to all Parties; or (iv) the date upon which the Judgment or Alternative Judgment is modified or reversed in any respect that the terminating Party reasonably and in good faith believes is materially adverse to it by a Final order of the Court, the United States Court of Appeals, or the Supreme Court of the United States that the terminating Party reasonably and in good faith believes is materially adverse to itStates. For the avoidance of doubt, Lead Plaintiffs shall not have the right to terminate the Settlement due to any decision, ruling, or order respecting the Fee and Expense Application or any plan of allocation.