Defendant’s Option to Terminate. If more than five percent (5%) of the Class Members submit Exclusion Forms, Defendant, at its sole option, may withdraw from the Settlement and this Agreement is null and void.
Defendant’s Option to Terminate. If twenty (20) or more Class Members exercise their right to exclude themselves and opt out of the Settlement, Defendant may, in its sole discretion, unilaterally withdraw from and terminate the settlement no later than five (5) court days prior to the date of the Final Approval Hearing. In the event of Defendant’s withdrawal, no party may use the fact that the Parties agreed to the settlement for any reason. Defendant will also be responsible for paying any settlement administration costs incurred if it exercises its right to withdraw from the Settlement under this provision.
Defendant’s Option to Terminate. Defendant shall retain the right, in the exercise of its sole discretion, to nullify the Settlement if ten percent (10%) or more of the Class Members make a valid request to be excluded from the Settlement. If Defendant exercises this option to nullify the Settlement, Defendant shall pay for all of the third-party administrator’s costs incurred up to the point of Defendant’s notification of nullification of the Settlement. The Parties agree to an opt-out/objection period of thirty (30) days.
Defendant’s Option to Terminate. If more than 250 class members opt out of the settlement, CytoSport has the right in its sole discretion, but not the obligation, to terminate the settlement and revert to the status quo ante.
Defendant’s Option to Terminate. Defendants shall retain the right, in the exercise of its sole discretion, to nullify the Settlement if five percent (5%) or more of the Class Members make a valid request to be excluded from the Settlement. If Defendants exercise this option to nullify the Settlement, Defendants shall pay for all of the third-party administrator’s costs incurred up to the point of Defendants’ notification of nullification of the Settlement. The Parties agree to an option to terminate period of thirty (30) days from the date Defendants are notified of the number of requests to be excluded exceeds the requisite number on the weekly report prepared by the third-party administrator.
Defendant’s Option to Terminate. If more than ten percent (10%) of the Class Members submit requests for exclusion, Defendants, at their sole option, may withdraw from the Settlement and this Agreement is null and void.
Defendant’s Option to Terminate. If more than five percent (5%) of the Class Members submit Exclusion Forms, Defendants, at its sole option, may withdraw from the Settlement and this Agreement is null and void. To exercise this option Defendants must do so within thirty (30) days after expiration of the opt-out period.
Defendant’s Option to Terminate. If at any time prior to Final Approval more than five percent (5%) of the Class Members submit Exclusion Forms, Defendant, at its sole option, may withdraw from the Settlement and this Agreement is null and void. Should this occur, the Parties agree they shall be equally responsible for the Settlement Administrator’s Administration Costs incurred through that date, which shall not be more than $17,500. The Settlement Administrator shall provide Defense Counsel with the information necessary to effectuate this provision on a regular basis, but no less frequently than every two weeks.
Defendant’s Option to Terminate. If more than ten percent (10%) of the Class Members timely opt out of the Settlement, Defendant shall have the sole and absolute discretion to rescind/void the Settlement Agreement within twenty (20) calendar days after receiving from the Settlement Administrator the final list of opt-outs. Defendant agrees to meet and confer in good faith with Class Counsel before rescinding or voiding the Settlement Agreement. In the event that Defendant elects to rescind/void the Settlement Agreement, it shall provide written notice of such rescission to Class Counsel. Such rescission shall have the same effect as a termination of the Settlement Agreement for failure to satisfy a condition of settlement, and the Settlement Agreement shall become null and void and have no further force or effect, and the Class certified pursuant to the Settlement Agreement will be decertified for all purposes, except where the approving Court has approved the PAGA settlement set forth in the Settlement Agreement and Defendant has issued the payment of the PAGA Payment, the release of the PAGA claims shall be binding. If Defendant chooses to terminate the Settlement Agreement under this provision, Defendant shall be responsible to pay the Settlement Administrator’s fees and costs incurred to that point.
Defendant’s Option to Terminate. If five percent (5%) or more of the Class Members opt out of this Settlement, then Defendants have, at their sole discretion, the right to withdraw from and void this Settlement, and the Parties will revert to their positions prior to provisional class certification under the terms of this Settlement. This option to terminate the Settlement must be exercised in writing to Class Counsel, sent by email, within ten
