Common use of Agreement Voidable Clause in Contracts

Agreement Voidable. A. This Settlement Agreement shall only be voidable pursuant to this Section IX. B. If, during the Notice Period, members of the Settlement Class who otherwise would be represented by Class Counsel have filed with the Court valid and timely requests for exclusion from this settlement, Class Counsel shall promptly provide the Settling Defendants with all the requests for exclusion. Each of the Settling Defendants has the option to withdraw from this Settlement Agreement if the total dollar value of the exclusions from the Settlement Class exceeds 10% of the amount of the settlement to be distributed to Consumers pursuant to this Settlement Agreement. The Settling Defendants must exercise their options to withdraw from this Settlement Agreement, as set forth in this Paragraph, no later than ten (10) business days after receiving information regarding the total number of exclusions from this settlement. The withdrawal of one of Settling Defendants shall have no effect on the Settlement Agreement as to other Settling Defendants, provided, however, that any payments or other obligations herein will be reduced or adjusted accordingly to reflect any such withdrawal based on the dollar amount each Settling Defendant has agreed to contribute to this settlement. C. This Agreement is void if the settlement embodied herein (including all related motion papers relating to preliminary or final approvals) is not approved by the Court.