Withdrawal From Settlement. In the event that one or more Covered Trusts, holding, in the aggregate, Mortgage Loans with unpaid principal balances as of the first Trustee report after the Signing Date aggregating in excess of a confidential percentage of the total unpaid principal balance of the Covered Trusts as of that date, such percentage having been provided to the Trustee by Bank of America and Countrywide prior to the execution of this Settlement Agreement, shall become Excluded Covered Trusts, Bank of America and Countrywide shall have the option, in their sole discretion, to withdraw from the Settlement with like effect as if Final Court Approval had become legally impossible. For purposes of calculating the unpaid principal balance of Excluded Covered Trusts in connection with this Subparagraph 4(b), the unpaid principal balance of Covered Trusts that become Excluded Covered Trusts at the election of Bank of America or Countrywide pursuant to Subparagraph 3(d)(iv) shall not be included.
Withdrawal From Settlement. 1. Plaintiffs or Defendants shall have the option to withdraw from this Settlement Agreement, and to render it null and void, if any of the following occurs:
(a) The preliminary or final approval of this Settlement Agreement is not obtained without modification;
(b) Any modification required by the Court for approval is not agreed to by both parties, and the withdrawing party deems any required modification in good faith to be material (e.g., because it increases the cost of the Settlement, or deprives the withdrawing party of a benefit of the Settlement; a mere delay of the approval and/or implementation of the Settlement including a delay due to an appeal procedure, if any, shall not be deemed material); or
(c) Entry of the Final Order and Judgment described in this Agreement is vacated by the Court or vacated, reversed, or substantially modified by an appellate court, except that a reversal or modification of an order awarding reasonable attorneys' fees and costs and expenses, if any, shall not be a basis for withdrawal.
2. The Defendants shall, in addition, have the option to withdraw from this Settlement Agreement prior to the final fairness hearing, and to render it null and void, if more than five percent (5%) of the persons and entities identified as being members of the Settlement Class exclude themselves from the Settlement Class.
3. To withdraw from this Settlement Agreement under this paragraph, the withdrawing party must provide written notice to the other party's counsel and to the Court within ten (10) business days of receipt of any order or notice of the Court rejecting, modifying, adding or altering any of the material terms or conditions of this Agreement. In the event either party withdraws from the Settlement, this Settlement Agreement shall be null and void, shall have no further force and effect with respect to any party in the Xxxxxx Action or Xxxxxxx Action, and shall not be offered in evidence or used in the Xxxxxx Action or Xxxxxxx Action or any other litigation for any purpose, including the existence, certification or maintenance of any purported class. In the event of such withdrawal, this Settlement Agreement and all negotiations, proceedings, documents prepared and statements made in connection herewith shall be inadmissible as evidence and without prejudice to the Defendants and Plaintiffs, and shall not be deemed or construed to be an admission or confession by any party of any fact, matter or proposition of law, and shall...
Withdrawal From Settlement. 9.1 If any of the conditions set forth below occurs and either (a) Plaintiffs or (b) Harmless Harvest give notice that such Party or Parties wish to withdraw from this Agreement (subject to the terms below and herein), then this Agreement shall terminate and be null and void, and the Parties will be returned to the status quo ante as if no settlement had been negotiated or entered into:
9.1.1 Any objections to the proposed settlement are sustained, which results in changes to the Settlement described in this Agreement that the withdrawing Party deems in good faith to be material (e.g., because it increases the cost of settlement or deprives the withdrawing Party of a benefit of the settlement);
9.1.2 The Final Approval of the Settlement described in this Agreement results in changes that the withdrawing Party deems in good faith to be material (e.g., because it increases the cost of settlement or deprives the withdrawing Party of a benefit of the settlement);
9.1.3 More than 2500 of the Settlement Class Members exclude themselves from the Settlement described in this Agreement, as set out in Section 11;
9.1.4 The Final Approval of the Settlement described in this Agreement is
Withdrawal From Settlement. Within fifteen (15) days of the occurrence of any of the following events, and upon written notice to counsel for all Parties, any Party shall have the right to withdraw from the settlement
Withdrawal From Settlement. A. Plaintiffs or Defendants shall have the option to withdraw from this Settlement Agreement, and to render it null and void, if any of the following occurs:
(1) Any objection to the proposed Settlement is sustained and such objection results in changes to this Settlement Agreement that the withdrawing party deems in good faith to be material (e.g., because it substantially increases the costs of the Settlement, or deprives the withdrawing party of a material benefit of the Settlement; a mere delay of the approval and/or implementation of the Settlement including a delay due to an appeal procedure, if any, shall not be deemed material);
(2) The preliminary or final approval of this Settlement Agreement is not obtained without modification, and any modification required by the Court for approval is not agreed to by both parties, and the withdrawing party deems any required modification in good faith to be material (e.g., because it increases the cost of the Settlement, or deprives the withdrawing party of a benefit of the Settlement; a mere delay of the approval and/or implementation of the Settlement including a delay due to an appeal procedure, if any, shall not be deemed material); or
Withdrawal From Settlement. 10.1 If any of the conditions set forth below occurs and either (a) Class Counsel or
Withdrawal From Settlement. 15.1 If any of the conditions set forth below occurs and either (a) all Class Representatives (b) HAC or (c) KCI gives notice that such party wishes to withdraw from this Agreement, then this Agreement shall terminate and be null and void except for those provisions of this Agreement which are explicitly stated to survive termination:
15.1.1 any of the Notice Approval Orders or the Settlement Approval Orders, in any of the Canadian Proceedings, is not approved by the applicable Courts substantially in the form agreed upon by the Parties;
15.1.2 any objections to the Settlement are sustained, in any of the Canadian Proceedings, which results in changes to the Settlement that the withdrawing Party deems in good faith to be material (e.g., because it increases the cost of settlement or deprives the withdrawing Party of a benefit of the settlement);
15.1.3 any of the Related Litigation is not discontinued prior to the expiry of the Opt-Out period;
15.1.4 any Attorney General or other Person is allowed to intervene in any of the Canadian Proceedings and such intervention results in changes to the Settlement that the withdrawing Party deems in good faith to be material (e.g., because it increases the cost of settlement or deprives the withdrawing Party of a benefit of the settlement);
15.1.5 the final approval of the Settlement by any Court in any of the Canadian Proceedings results in changes that the withdrawing Party did not agree to and that the withdrawing Party deems in good faith to be material (e.g., because it increases the cost of settlement or deprives the withdrawing Party of a benefit of the settlement);
15.1.6 more than 3% of the Hyundai Class Members or KIA Class Members opt- out of the Settlement; or
15.1.7 the final approval of the settlement described in this Agreement is (i) substantially modified by an appellate court in any of the Canadian Proceedings and the withdrawing Party deems any such modification in good faith to be material (e.g., because it increases the cost of settlement or deprives the withdrawing Party of a benefit of the settlement) or (ii) reversed by an appellate court.
15.2 If this Agreement is terminated in accordance with Section 15.1, the Parties shall take all measures and make all representations necessary to ensure that each of the Parties is returned to the same position in the Canadian Proceedings as if this Agreement had not been negotiated, made or filed with the Courts. This Section
Withdrawal From Settlement. Both Plaintiff and Harley-Davidson shall have the option to withdraw from this Agreement, and to render it null and void, if any of the following occurs:
1. Any objection(s) to the proposed Settlement are sustained and such objection(s) result in changes to the Agreement that the withdrawing party deems in good faith to be material (e.g., because it increases the cost of the Settlement, or deprives the withdrawing Party of a material benefit of the Settlement);
2. Any attorney general is allowed to intervene in the Action and such intervention results in changes to the Agreement that the withdrawing Party deems in good faith to be material (e.g., because it increases the cost of the Settlement, or deprives the withdrawing Party of a material benefit of the Settlement);
3. The preliminary or final approval of the Settlement is not obtained without modification and any modification required by the Court for approval (including any modification that increases the attorney fees, and/or expenses, payment to Named Plaintiff, or Rebates, or changes the injunctive relief terms, agreed to herein as set forth in Paragraph II) is deemed in good faith to be material and is not agreed to by the withdrawing Party (e.g., because it increases the cost of the Settlement, or deprives the withdrawing Party of a significant benefit of the Settlement); or
4. Entry of the Final Approval Order and Judgment described in this Agreement is reversed or substantially modified by an appellate court. However, a reversal or modification of an order awarding reasonable attorneys' fees and expenses shall not be a basis for withdrawal, provided that the amount of fees and expenses ultimately awarded does not exceed the amount set forth in Paragraph II.E. of this Agreement. Harley-Davidson shall, in addition, have the option to withdraw from this Agreement, and to render it null and void, if more than 10% of the Settlement Class Members exclude themselves from the Settlement. If any state or federal trial court sustains a collateral attack on this Agreement, Harley- Davidson and Class Counsel shall cooperate in attempting to reverse that ruling on appeal. If that ruling is affirmed on appeal by a state appellate court or by a federal circuit court of appeal, either Party, at its option, may withdraw from this Agreement. To withdraw from the Agreement under this paragraph, the withdrawing Party must provide written notice to the other Party's lead counsel and to the Court. In the event eithe...
Withdrawal From Settlement. Plaintiffs or Defendant shall have the option to withdraw from this Settlement Agreement, and to render it null and void, if any of the following occurs:
Withdrawal From Settlement. 10.1 If any of the conditions set forth below occurs and either (a) all Class Representatives or (b) HMA or (c) KMA gives notice that such party or parties wish to withdraw from this Agreement, then this Agreement shall terminate and be null and void;
10.1.1 any objections to the proposed settlement are sustained, which results in changes to the settlement described in this Agreement that the withdrawing Party deems in good faith to be material (e.g., because it increases the cost of settlement or deprives the withdrawing Party of a benefit of the settlement);
10.1.2 any attorney general or other Person is allowed to intervene in the MDL Litigation and such intervention results in changes to the settlement described in this Agreement that the withdrawing Party deems in good faith to be material (e.g., because it increases the cost of settlement or deprives the withdrawing Party of a benefit of the settlement);
10.1.3 the final approval of the settlement described in this Agreement results in changes that the withdrawing Party did not agree to and that the withdrawing Party deems in good faith to be material (e.g., because it increases the cost of settlement or deprives the withdrawing Party of a benefit of the settlement);
10.1.4 more than 3% of the Class Members exclude themselves from the settlement described in this Agreement;
10.1.5 the Court determines that Defendants have failed to comply with the confirmatory discovery process in good faith and such failure prejudiced Settlement Class Members;
10.1.6 the materials produced in the discovery process before the Effective Date of this Agreement reveal new information to the Parties which materially changes the facts relied upon in seeking approval of this Agreement; or
10.1.7 the final approval of the settlement described in this Agreement is
(i) substantially modified by an appellate court and the withdrawing Party deems any such modification in good faith to be material (e.g., because it increases the cost of settlement or deprives the withdrawing Party of a benefit of the settlement) or (ii) reversed by an appellate court.
