Walk Away Rights and Termination of the Agreement. 16.1.1 HOC shall have the option, in its sole discretion, to terminate the Settlement Program and this Agreement under any of the following circumstances, or pursuant to Section 16.2 (such options, HOC’s “Walk Away Rights”), if: 16.1.1.1 The enrollment in the Settlement Program of Eligible Claimants who become Qualified Claimants (without regard to whether the claimant underwent an Excluded Revision Surgery) is less than ninety-five percent (95%) of those Persons identified in response to the Supplemental Registration Orders requiring the registration or supplemental registration of all unresolved lawsuits and claims Relating to the Affected Products who are Eligible Claimants without regard to whether the claimant underwent an Excluded Revision Surgery; or 16.1.1.2 If any Primary Law Firm fails to file a registration declaration complying in all respects with the Supplemental Registration Order, HOC may seek relief from the MCL Court, MDL Court, or other participating court before which the matter(s) at issue is filed with respect to the Walk Away Deadline Date. 16.1.1.3 The SOC is unable to ensure by the Walk Away Deadline Date pursuant to Article 16 that the settlement agreement previously reached with the Centers for Medicare and Medicaid Services (“CMS”) will remain in place. 16.1.2 The formula for calculating HOC’s rights under Section 16.1.1 may be expressed as follows: # of Eligible Claimants identified in response to Supplemental Registration Orders without regard to Excluded Revision Surgeries 16.1.2.1 Upon audit by the Claims Processor, the information from the Registration Declarations that are incorrect or fraudulent will not be considered in the participation rate calculation. 16.1.3 A termination by HOC shall be exercised by written notice to the SOC, the Claims Administrator, the MDL Court and the MCL Court served on or before the Walk Away Deadline Date. 16.1.4 The exercise by HOC of a Walk Away Right shall terminate the Settlement Program and this Agreement and will return the Parties and Enrolled Claimants to their respective positions prior to the settlement with all releases and dismissal stipulations being voided and returned or destroyed. 16.1.5 No Dismissal With Prejudice Stipulation will be filed until after (i) HOC’s termination or Walk-Away Rights shall have expired without being exercised, and
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Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
Walk Away Rights and Termination of the Agreement. 16.1.1 HOC shall have the option, in its sole discretion, to terminate the Settlement Program and this Agreement under any of the following circumstances, or pursuant to Section 16.2 (such options, HOC’s “Walk Away Rights”), if:
16.1.1.1 The the enrollment in the Settlement Program of Eligible Claimants who become Qualified Claimants (without regard to whether the claimant underwent an Excluded Revision Surgery) is less than ninety-five percent (95%) of those Persons identified in response to the Supplemental Registration Orders requiring the registration or supplemental registration of all unresolved lawsuits settlement claimants and claims Relating to the Affected Products who on the basis of information provided in response to the Registration Orders are Eligible Claimants without regard to whether the claimant underwent an Excluded Revision Surgery;
16.1.1.2 the MCL Court, MDL Court, or any other state court in a Coordinated Proceeding fails for any reason to enter the Registration Order by the tenth (10th) day after the Execution Date; or
16.1.1.2 16.1.1.2.1 If any Primary Law Firm fails to file a registration declaration complying in all respects with the Supplemental Registration Order by the deadline of such Registration Order, HOC may seek relief from the MCL Court, MDL Court, Court or other participating court before which the matter(s) at issue is filed with respect to the Walk Away Deadline Date.
16.1.1.3 The SOC is unable to ensure by the Walk Away Deadline Date pursuant to Article 16 that the settlement agreement previously reached reach a Settlement Agreement with the Centers for Medicare and Medicaid Services (“CMS”) will remain in placeby the Walk Away Deadline Date pursuant to Article 17.
16.1.2 The formula for calculating HOC’s rights under Section 16.1.1 may be expressed as follows: # of Eligible Claimants identified in response to Supplemental Registration Orders without regard to Excluded Revision Surgeries:
16.1.2.1 Upon audit by the Claims Processor, the information from the Registration Declarations that are incorrect or fraudulent will not be considered in the participation rate calculation.
16.1.3 A termination by HOC shall be exercised by written notice to the SOC, the Claims Administrator, the MDL Court and the MCL Court served on or before the Walk Away Deadline Date.
16.1.4 The exercise by HOC of a Walk Away Right shall terminate the Settlement Program and this Agreement and will return the Parties and Enrolled Claimants to their respective positions prior to the settlement with all releases and dismissal stipulations being voided and returned or destroyed.
16.1.5 No Dismissal With with Prejudice Stipulation will be filed until after (i) HOC’s 's termination or Walk-Away Rights shall have expired without being exercised, andand (ii) the depositing into the Escrow Account of any Base Award provided to the Settlement Program Claimant supplying such Dismissal with Prejudice Stipulation has occurred.
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Samples: Settlement Agreement (Stryker Corp)
Walk Away Rights and Termination of the Agreement. 16.1.1 HOC Merck shall have the option, in its sole discretion, to terminate the Settlement Program and this Agreement under any of the following circumstances, or pursuant to Section 16.2 circumstances (such optionsoption, HOC’s the “Walk Away Rights”), Right” ):
11.1.1. if:
16.1.1.1 The enrollment in 11.1.1.1. the Settlement Program number of MI Eligible Claimants (constituting Registered Eligible Claimants) who become Qualified Claimants (without regard to whether the claimant underwent an Excluded Revision Surgery) is less than ninety-five percent (95%) of those Persons identified in response deliver Enrollment Forms to the Supplemental Registration Orders requiring the registration or supplemental registration of all unresolved lawsuits and claims Relating to the Affected Products who are Eligible Claimants without regard to whether the claimant underwent an Excluded Revision Surgery; or
16.1.1.2 If any Primary Law Firm fails to file a registration declaration complying in all respects with the Supplemental Registration Order, HOC may seek relief from the MCL Court, MDL Court, or other participating court before which the matter(s) at issue is filed with respect to the Walk Away Deadline Date.
16.1.1.3 The SOC is unable to ensure Claims Administrator by the Walk Away Enrollment Deadline Date pursuant Date, and whose Enrollment Forms are not rejected (in relation to Article 16 that the settlement agreement previously reached with the Centers for Medicare and Medicaid Services (“CMS”such MI Eligible Claimants) will remain in place.
16.1.2 The formula for calculating HOC’s rights under Section 16.1.1 may be expressed as follows: # of Eligible Claimants identified in response to Supplemental Registration Orders without regard to Excluded Revision Surgeries
16.1.2.1 Upon audit by the Claims Processor, the information from the Registration Declarations that are incorrect Administrator or fraudulent will not be considered in the participation rate calculation.
16.1.3 A termination by HOC shall be exercised by written notice Merck prior to the SOC, the Claims Administrator, the MDL Court and the MCL Court served on or before 30th day after the Walk Away Enrollment Deadline Date., is less than
16.1.4 The exercise 11.1.1.2. 85% of the greater of (x) the aggregate number of Registered Eligible Claimants constituting (according solely to the respective Registration Affidavits) MI Eligible Claimants, and (y) 28,500;
11.1.2. if:
11.1.2.1. the number of IS Eligible Claimants (constituting Registered Eligible Claimants) who deliver Enrollment Forms to the Claims Administrator by HOC of a the Walk Away Right shall terminate Enrollment Deadline Date, and whose Enrollment Forms are not rejected (in relation to such IS Eligible Claimants) by the Settlement Program and this Agreement and will return the Parties and Enrolled Claimants to their respective positions Claims Administrator or Merck prior to the settlement with all releases 30th day after the Walk Away Enrollment Deadline Date, is less than
11.1.2.2. 85% of the greater of (x) the aggregate number of Registered Eligible Claimants constituting (according solely to the respective Registration Affidavits) IS Eligible Claimants, and dismissal stipulations being voided and returned or destroyed.(y) 17,000;
16.1.5 No Dismissal With Prejudice Stipulation will be filed until after 11.1.3. if:
11.1.3.1. the number of Registered Eligible Claimants who (i) HOC’s termination are alleging (according solely to the respective Registration Affidavits) use of VIOXX prior to the respective Related Eligible Events for more than 12 months and (ii) deliver Enrollment Forms to the Claims Administrator by the Walk Away Enrollment Deadline Date, and whose Enrollment Forms are not rejected (in relation to such Registered Eligible Claimants) by the Claims Administrator or Walk-Merck prior to the 30th day after the Walk Away Rights shall have expired without being exercisedEnrollment Deadline Date, andis less than
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Walk Away Rights and Termination of the Agreement. 16.1.1 14.1.1 HOC shall have the option, in its sole discretion, to terminate the Settlement Program and this Agreement under any of the following circumstances, or pursuant to Section 16.2 14.2 (such options, HOC’s “Walk Away Rights”), if:
16.1.1.1 14.1.1.1 The enrollment in the Settlement Program of Eligible Claimants who become Qualified Claimants (without regard to whether the claimant underwent an Excluded Revision Surgery) is less than ninety-five six percent (9596%) of those Persons identified in response to the Supplemental Registration Orders requiring the registration or supplemental registration of all unresolved lawsuits and claims Relating to the Affected Products who are Eligible Claimants without regard to whether the claimant underwent an Excluded Revision Surgery; or
16.1.1.2 14.1.1.2 If any Primary Law Firm fails to file a registration declaration complying in all respects with the Supplemental Registration Order, HOC may seek relief from the MCL Court, MDL Court, or other participating court before which the matter(s) at issue is filed with respect to the Walk Away Deadline Date.
16.1.1.3 14.1.1.3 The SOC is unable to ensure by the Walk Away Deadline Date pursuant to Article 16 14 that the settlement agreement previously reached with the Centers for Medicare and Medicaid Services (“CMS”) will remain in place.
16.1.2 14.1.2 The formula for calculating HOC’s rights under Section 16.1.1 14.1.1 may be expressed as follows: # of Eligible Claimants identified in response to Supplemental Registration Orders orders without regard to Excluded Revision Surgeries
16.1.2.1 14.1.2.1 Upon audit by the Claims Processor, the information from the Registration Declarations that are incorrect or fraudulent will not be considered in the participation rate calculation.
16.1.3 14.1.3 A termination by HOC shall be exercised by written notice to the SOC, the Claims Administrator, the MDL Court Court, and the MCL Court served on or before the Walk Away Deadline Date.
16.1.4 14.1.4 The exercise by HOC of a Walk Away Right shall terminate the Settlement Program and this Agreement and will return the Parties and Enrolled Claimants to their respective positions prior to the settlement with all releases and dismissal stipulations being voided and returned or destroyed.
16.1.5 14.1.5 No Dismissal With with Prejudice Stipulation will be filed until after after: (i) HOC’s termination or Walk-Away Rights shall have expired without being exercised, ; and
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Samples: Settlement Agreement
