Common use of WAIVER OR TERMINATION Clause in Contracts

WAIVER OR TERMINATION. 36. Defendants, provided they unanimously agree, and Class Representatives, provided they unanimously agree, shall have the right to terminate the Settlement and this Stipulation by providing written notice of their election to do so (“Termination Notice”), through counsel, to all other Parties hereto within fourteen (14) calendar days of: (i) the Court’s Final refusal to enter the Preliminary Approval Order in any material respect; (ii) the Court’s Final refusal to approve this Stipulation or any material part of it; (iii) the Court’s Final refusal to enter the Judgment in any material respect; or (iv) the date upon which the Judgment or Alternate Judgment, if applicable, is modified or reversed in any material respect by the United States Court of Appeals, or the Supreme Court of the United States. For the avoidance of doubt, Class Representatives shall not have the right to terminate the Settlement due to any decision, ruling, or order respecting the Fee and Expense Application or any plan of allocation.

WAIVER OR TERMINATION. 3639. Defendants, provided they unanimously agree, Defendants and Class Representatives, provided they unanimously agree, Lead Plaintiffs shall have the right to terminate the Settlement and this Stipulation by providing written notice of their election to do so (“Termination Notice”), through counsel, to all other Parties hereto within fourteen (14) calendar days of: (i) the Court’s Final refusal to enter the Preliminary Approval Order in any material respect; (ii) the Court’s Final refusal to approve this Stipulation or any material part of it; (iii) the Court’s Final refusal to enter (a) the Judgment in any material respectrespect or (b) an Alternative Judgment; or (iv) the date upon which the Judgment or Alternate Judgment, if applicable, Alternative Judgment is modified or reversed in any material respect by a Final order of the Court, the United States Court of Appeals, or the Supreme Court of the United States. For the avoidance of doubt, Class Representatives Lead Plaintiffs shall not have the right to terminate the Settlement due to any decision, ruling, or order respecting the Fee and Expense Application or any plan of allocation.

WAIVER OR TERMINATION. 3642. DefendantsThe Company, provided they unanimously agree, ANR and Class Representatives, provided they unanimously agree, Lead Plaintiff shall have the right to terminate the Settlement and this Stipulation by providing written notice of their election to do so (“Termination Notice”), through counsel, to all other Settling Parties hereto within fourteen (14) calendar days of: (i) the Court’s Final refusal to enter the Preliminary Approval Order in any material respect; (ii) the Court’s Final refusal to approve this Stipulation or any material part of it; (iii) the Court’s Final refusal to enter the Judgment in any material respectrespect or an Alternative Judgment; or (iv) the date upon which the Judgment or Alternate Judgment, if applicable, Alternative Judgment is modified or reversed in any material respect by a Final order of the Court, the United States Court of Appeals, or the Supreme Court of the United States. For the avoidance of doubt, Class Representatives Lead Plaintiff shall not have the right to terminate the Settlement due to any decision, ruling, or order respecting the Fee and Expense Application an application for attorneys’ fees or litigation expenses or any plan of allocation.

WAIVER OR TERMINATION. 3641. Defendants, provided they unanimously agree, Defendants and Class Representatives, provided they unanimously agree, Lead Plaintiff shall have the right to terminate the Settlement and this Stipulation by providing written notice of their election to do so (“Termination Notice”), through counsel, to all other Parties hereto within fourteen (14) calendar days of: (i) the Court’s Final refusal to enter the Preliminary Approval Order in any material respect; (ii) the Court’s Final refusal to approve this Stipulation or any material part of it; (iii) the Court’s Final refusal to enter the Judgment in any material respect; or (iv) the date upon which the Judgment or Alternate Judgment, if applicable, is modified or reversed in any material respect by a Final order of the Court, the United States Court of Appeals, or the Supreme Court of the United States; or (v) the failure of the Effective Date to occur for any reason. For the avoidance of doubt, Class Representatives Lead Plaintiff shall not have the right to terminate the Settlement due to any decision, ruling, or order respecting the Fee and Expense Application or any plan of allocation.

WAIVER OR TERMINATION. 3637. Defendants, provided they unanimously agree, Defendants and Class Representatives, provided they unanimously agree, Representatives shall have the right to terminate the Settlement and this Stipulation by providing written notice of their election to do so (“Termination Notice”), through counsel, to all other Parties hereto within fourteen (14) calendar days of: (i) the Court’s Final refusal to enter the Preliminary Approval Order in any material respect; (ii) the Court’s Final refusal to approve this Stipulation or any material part of it; (iii) the Court’s Final refusal to enter the Judgment in any material respectrespect or an Alternative Judgment; or (iv) the date upon which the Judgment or Alternate Judgment, if applicable, Alternative Judgment is modified or reversed in any material respect by a Final order of the Court, the United States Court of Appeals, or the Supreme Court of the United States. For the avoidance of doubt, Class Representatives shall not have the right to terminate the Settlement due to any decision, ruling, or order respecting the Fee and Expense Application or any plan of allocation.

WAIVER OR TERMINATION. 3622 80. Defendants, provided they unanimously agree, Defendants and Class Representatives, provided they unanimously agree, Lead Plaintiffs shall have the right to terminate the Settlement and 23 this Stipulation by providing written notice of their election to do so (“Termination Notice”), 24 through counsel, to all other Parties hereto within fourteen (14) calendar days of: (i) the Court’s 25 Final refusal to enter the Preliminary Approval Order in any material respect; (ii) the Court’s Final 26 refusal to approve this Stipulation or any material part of it; (iii) the Court’s Final refusal to enter 27 the Judgment in any material respector an Alternative Judgment; or (iv) the date upon which the Judgment or Alternate Judgment, if applicable, Alternative 28 Judgment is modified or reversed in any material respect by a Final order of the Court, the United 1 States Court of Appeals, or the Supreme Court of the United States. For the avoidance of doubt, Class Representatives 2 Lead Plaintiff shall not have the right to terminate the Settlement due to any decision, ruling, or 3 order respecting the Fee and Expense Application or any plan of allocation.