Right to Appear and Object Sample Clauses

Right to Appear and Object. Any member of the Settlement Class who objects to the Settlement and/or the Order and Final Judgment to be entered by the Court, and/or Co-Lead Counsel’s application for attorneys’ fees and expenses, or otherwise wishes to be heard, may appear personally or by counsel at the Settlement Hearing and present any evidence or argument that may be proper and relevant; provided, however, that no member of the Settlement Class may be heard and no papers or briefs submitted by or on behalf of any member of the Settlement Class shall be received and considered, except by Order of the Court for good cause shown, unless, no later than ten (10) business days prior to the Settlement Hearing, such person files with the Register in Chancery, Court of Chancery, 000 Xxxxx Xxxx Xxxxxx, Xxxxxxxxxx, XX, 00000, and serves upon the attorneys listed below: (a) a written notice of intention to appear; (b) proof of membership in the Settlement Class; (c) a detailed statement of objections to any matter before the Court; and (d) the grounds therefor or the reasons for wanting to appear and be heard, as well as all documents or writings the Court shall be asked to consider. These writings must also be served, on or before such filing with the Court, by hand or overnight mail upon the following attorneys: Xxxxxx X. Xxxxx, Esq. Xxxxx & Xxxxxxxxxx P.A. 0000 Xxxxx Xxxxxx Xxxxxx Wilmington, Delaware 19801 Xxxxxxx X. Xxxxxxx, Esq. Xxxxxx Xxxxxxx Arsht & Xxxxxxx LLP 0000 Xxxxx Xxxxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Xxxxxxx X. Xxxxx, Esq. Xxxxxxx Xxxxxx Xxxxxx & Xxxx LLP 000 Xxxx Xxxxxxxx, Xxxxx 0000 San Diego, CA 92101 Xxxxxxx X. XxXxxxxxx, Esq. Xxxxxxxx, Xxxxxx & Xxxxxx, P.A. 000 Xxxxx Xxxx Xxxxxx Xxxxxxxxxx, Xxxxxxxx 00000 Xxxxxxx X. Xxxxx, Xx., Esq. Xxxxx Xxxx Xxxxxxxx & Xxxxxx, LLP 000 X. Xxxx Street, Suite 400 Wilmington, Delaware 19801 Xxxxxxx X. Xxxxxxx, Esq. Xxxxxx Xxxxxxxx & Xxxxxxx LLP 0000 Xxxxxx Xxxxxx Hercules Plaza Wilmington, Delaware 19899-0951 Any Class Member who does not object to the Settlement or the request by Co-Lead Counsel for an award of attorneys’ fees and expenses need not take any action with respect to this Notice or this Settlement. Unless the Court otherwise directs, no person will be entitled to object to the approval of the Settlement, the judgment to be entered in the Action, or the fee and expense application, nor will he, she or it otherwise be entitled to be heard, except by serving and filing a written objection as described above. Any person who fai...
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Right to Appear and Object. Any Class Member who wishes to object to the 15 Proposed Settlement must do so in accordance with Paragraph XII.A of the Settlement Agreement.
Sample 1
Right to Appear and Object. Any putative Settlement Class Member 8 who has not timely and properly provided notice of an election to opt out of the 9 Settlement Class and the proposed Settlement in the manner set forth below may 10 appear at the Final Approval Hearing in person or by counsel and be heard, to the 002627 20 LLP Suite 90071- ms , WilliaStreetlifornia & Hope C a HuntoSouth Angeles, n 550 Los 11 extent allowed by the Court, either in support of or in opposition to the matter to be 12 considered at the hearing, provided, however, that no putative Settlement Class 13 Member who has elected to opt out from the Settlement shall be entitled to object; and 14 provided further that no person shall be heard, and no papers, briefs, or other 15 submissions shall be considered by the Court in connection with its consideration of 16 those matters, unless such person files the objection with the Court, with a copy 17 delivered to Class Counsel and Defense Counsel at the addresses set out in the Notice, 18 no later than . Settlement Class Members may object either on their own or 19 through an attorney hired at their own expense.
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Right to Appear and Object. Any member of the Settlement Class who objects to the Settlement and/or the Order and Final Judgment to be entered by the Court, and/or Plaintiffs’ Counsel’s application for attorney’s fees and expenses, or otherwise wishes to be heard, may appear personally or by counsel at the Settlement Hearing and present any evidence or argument that may be proper and relevant; provided, however, that no member of the Settlement Class may be heard and no papers or briefs submitted by or on behalf of any member of the Settlement Class shall be received and considered, except by Order of the Court for good cause shown, unless, no later than fifteen (15) business days prior to the Settlement Hearing, such person files in this Action with the Register in Chancery, Court of Chancery, 000 Xxxxx Xxxx Xxxxxx, Xxxxxxxxxx, XX, 00000: (a) a written notice of intention to appear; (b) proof of membership in the Settlement Class; (c) a detailed statement of objections to any matter before the Court; and (d) the grounds therefore or the reasons for wanting to appear and be heard, as well as all documents or writings the Court shall be asked to consider. These writings must also be served, on or before such filing with the Court, by hand or overnight mail upon the following attorneys:
Sample 1
Right to Appear and Object. Any member of the Class who objects to: (a) the Settlement, (b) the class and derivative Action determinations, (c) the dismissal, (d) the judgments to be entered with respect thereto, and/or (e) Plaintiffs’ counsel’s request for fees and reimbursement of costs and expenses in the Action, or (f) who otherwise wishes to be heard, may appear in person or by their attorney at the Settlement Hearing and present evidence or argument that may be proper and relevant to do so, however, such person must not later than ten (10) calendar days prior to the Settlement Hearing, (unless the Court in its discretion shall thereafter otherwise direct for good cause shown) file with the Register in Chancery: (i) a written notice of intention to appear, (ii) a statement of such person’s objections to any matters before the Court, and (iii) the grounds thereof or the reasons for such person’s desiring to appear and be heard, as well as documents or writings such person desires the Court to consider. Also, on or before the date of filing such papers, such person must serve them upon the following counsel of record:
Sample 1
Right to Appear and Object. No person who has elected to be excluded from the Settlement shall be permitted to object or otherwise be heard on the matters to be considered at the hearing. Except as otherwise provided herein, Settlement Class Members who have not excluded themselves from the Settlement may appear at the Fairness Hearing, in person or by their counsel, to be heard, to the extent permitted by the Court, on the matters to be considered at the hearing. No person shall be heard (whether through statement, testimony, or any paper submitted to the Court) by the Court at or in connection with the Fairness Hearing unless he or she complies with the following:
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Right to Appear and Object. Any putative Settlement Class Member who has not timely and properly provided notice of an election to opt out of the Initial Class and the proposed Settlement, or to opt out of the Supplemental Class and the proposed Settlement, in the manner set forth below may appear at the Fairness Hearing in person or by counsel and be heard, to the extent the Court allows, either in support of, or in opposition to, the matters that the Court will consider at the Fairness Hearing, provided, however, that no putative Settlement Class Member who has elected to opt out from the Settlement shall be entitled to object, and provided further that no person shall be heard, and the Court shall not consider any papers, briefs, or other submissions in connection with its consideration of those matters, unless such person files the objection with the Court, with a copy delivered to Class Counsel and Gogo’s Counsel at the addresses set out in the Notice, no later than , 2016. Settlement Class Members may object either on their own or through an attorney hired at their own expense.
Sample 1
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Related to Right to Appear and Object

  • Right to Counsel The Indemnified Persons shall have the right to employ counsel in their, its, his or her sole discretion. Such Indemnified Persons shall be responsible for the expenses of such separate counsel except as provided in Subsection 6(c)(iii). The Advisor agrees to cooperate fully with the Indemnified Persons and their separate counsel in responding to such threatened or actual claims.

  • Right to Participate The indemnified party agrees to afford the indemnifying party and its counsel the opportunity to be present at, and to participate in, conferences with all persons, including Governmental Authorities, asserting any Indemnity Claim against the indemnified party or conferences with representatives of or counsel for such persons.

  • Right to Amend Procedure The Custodian may amend the procedure in relation to the deposit of Bullion only where such amendment is caused by a change in the Rules or procedures of the Relevant Association. The Custodian will, whenever practicable, notify the Trustee and the Sponsor within a commercially reasonable time before the Custodian amends its procedures or imposes additional ones in relation to the transfer of Bullion into and from the Unallocated Account, and in doing so the Custodian will consider the Trustee’s needs to communicate any such change to Authorized Participants and others.

  • Right to Assign Each Lender shall have the right at any time to sell, assign or transfer all or a portion of its rights and obligations under this Agreement, including all or a portion of its Commitment or Loans owing to it or other Obligations (provided, however, that pro rata assignments shall not be required and each assignment shall be of a uniform, and not varying, percentage of all rights and obligations under and in respect of any applicable Loan and any related Commitments):

  • Right to Convert In addition to and without limiting the rights of the holder under the terms of this Warrant, the holder shall have the right to convert this Warrant or any portion thereof (the “Conversion Right”) into shares of Series Preferred as provided in this Section 10.2 at any time or from time to time during the term of this Warrant. Upon exercise of the Conversion Right with respect to a particular number of shares subject to this Warrant (the “Converted Warrant Shares”), the Company shall deliver to the holder (without payment by the holder of any exercise price or any cash or other consideration) that number of shares of fully paid and nonassessable Series Preferred as is determined according to the following formula: X = B - A Y Where: X = the number of shares of Series Preferred that shall be issued to holder Y = the fair market value of one share of Series Preferred A = the aggregate Warrant Price of the specified number of Converted Warrant Shares immediately prior to the exercise of the Conversion Right (i.e., the number of Converted Warrant Shares multiplied by the Warrant Price) B = the aggregate fair market value of the specified number of Converted Warrant Shares (i.e., the number of Converted Warrant Shares multiplied by the fair market value of one Converted Warrant Share) No fractional shares shall be issuable upon exercise of the Conversion Right, and, if the number of shares to be issued determined in accordance with the foregoing formula is other than a whole number, the Company shall pay to the holder an amount in cash equal to the fair market value of the resulting fractional share on the Conversion Date (as hereinafter defined). For purposes of Section 10 of this Warrant, shares issued pursuant to the Conversion Right shall be treated as if they were issued upon the exercise of this Warrant.

  • Right to Contest Borrower, at its own expense, may contest by appropriate legal proceedings, conducted diligently and in good faith, the amount or validity of any Imposition other than Insurance premiums and Ground Rent (if applicable), if: (i) Borrower notifies Lender of the commencement or expected commencement of such proceedings, (ii) the Mortgaged Property is not in danger of being sold or forfeited, (iii) if Borrower has not already paid the Imposition, Borrower deposits with Lender reserves sufficient to pay the contested Imposition, if requested by Lender, and (iv) Borrower furnishes whatever additional security is required in the proceedings or is reasonably requested by Lender, which may include the delivery to Lender of reserves established by Borrower to pay the contested Imposition.

  • Right to Consult Counsel The Warrant Agent may at any time consult with legal counsel satisfactory to it (who may be legal counsel for the Company), and the Warrant Agent shall incur no liability or responsibility to the Company or to any Holder for any action taken, suffered or omitted by it in good faith in accordance with the opinion or advice of such counsel.

  • Indemnitee’s Right to Counsel Notwithstanding the provisions of Section 11(b) above, if in a Proceeding to which Indemnitee is a party by reason of Indemnitee’s Corporate Status, (i) Indemnitee reasonably concludes that he or she may have separate defenses or counterclaims to assert with respect to any issue which may not be consistent with the position of other defendants in such Proceeding, (ii) a conflict of interest or potential conflict of interest exists between Indemnitee and the Company, or (iii) if the Company fails to assume the defense of such proceeding in a timely manner, Indemnitee shall be entitled to be represented by separate legal counsel of Indemnitee’s choice at the expense of the Company. In addition, if the Company fails to comply with any of its obligations under this Agreement or in the event that the Company or any other person takes any action to declare this Agreement void or unenforceable, or institutes any action, suit or proceeding to deny or to recover from Indemnitee the benefits intended to be provided to Indemnitee hereunder, Indemnitee shall have the right to retain counsel of Indemnitee’s choice, at the expense of the Company, to represent Indemnitee in connection with any such matter.

  • Right to Cancel You have a right to cancel this Agreement for a period of fourteen (14) days commencing on the date on which this Agreement is concluded or the date on which you receive this Agreement (whichever is later) (the “Cancellation Period”). Should you wish to cancel this Agreement within the Cancellation Period, you should send notice in writing or electronically to the addresses found in contact us section of our website. Cancelling this Agreement within the Cancellation Period will not cancel any Transaction entered into by you during the Cancellation Period. If you fail to cancel this Agreement within the Cancellation Period, you will be bound by its terms but you may terminate this Agreement in accordance with Clause 17 (Termination Without Default).

  • Right to Advice of Counsel The Executive acknowledges that he has consulted with counsel and is fully aware of his rights and obligations under this Agreement.

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