Walk-Away Right. (A) Organon shall have the option, in its sole discretion, to terminate the Program and this Agreement if, but only if, certain thresholds of participation (“Required Participation Thresholds”) in the Settlement Program are not met, as set forth in Paragraph (B) below (the “Walk Away Right”).
Walk-Away Right. BHCP shall have the option, in its sole discretion, to terminate the Program and this Agreement if less than ninety percent (90%) of the Eligible Claimants in the MDL, any Other Federal Court Proceedings, or any State Court Proceedings, as defined below, constitute Program Participants (the “Walk Away Right”). For purposes of determining whether the foregoing participation threshold has been met, (a) the denominator will include (i) all Eligible Claimants alleging only a Gallbladder Injury; (ii) all Eligible Claimants alleging a Gallbladder Injury in combination with any additional injury other than a VTE or ATE; and (iii) all Eligible Claimants alleging a Gallbladder Injury in combination with a VTE or ATE if, as to each such claim, the Eligible Claimant has enrolled in the Program, and (b) the numerator will include all Eligible Claimants who are Program Participants. BHCP may exercise the Walk Away Right, if available, on or before 11:59 p.m. C.T. on the thirtieth (30th) day following the last Opt In Deadline attributable to an Eligible Claimant. BHCP shall exercise its Walk Away Right by filing notice through the MDL Court’s Electronic Case Filing System. BHCP also shall provide written notice of its exercise of the Walk Away Right, as applicable, to each of the state court judges presiding over the State Coordinating Courts, with a copy to state-court liaison counsel. The date on which BHCP’s Walk Away Right expires without previously having been exercised shall be the “Effective Date.”
Walk-Away Right. The Settling Defendants shall have the option, in their sole discretion, to terminate this Settlement Agreement (the “Walk-Away Right”) if any one of the following conditions is satisfied:
Walk-Away Right. Tyco shall have the option, in its sole discretion, to terminate this Settlement Agreement (the “Walk-Away Right”) if any one of the following conditions is satisfied:
Walk-Away Right. (A) Takeda shall have the option, in its sole discretion, to terminate the Program and this Agreement if, but only if, in Takeda’s determination, certain thresholds of participation (“Required Participation Thresholds”) in the Program are not met, as set forth in Paragraph (B) below (the “Walk Away Right”).
Walk-Away Right. 3M shall have the option, in its sole discretion, to terminate this Settlement Agreement and not proceed with the Settlement, without penalty, if any of the seventeen (17) parts of the “Required Participation Threshold” described in Paragraphs
Walk-Away Right. The Defendant shall have the option, in its sole discretion, to terminate this Settlement Agreement and not proceed with the Settlement, without penalty, or seek to renegotiate the terms of the Settlement Payment (see Paragraph K.1.a. below for terms) with Class Counsel (“Walk-Away Right”) if, but only if, the threshold of ninety-five percent (95%) participation of all Class Members (“Required Participation Threshold”) is not met (see Paragraph K.2. below for terms).
Walk-Away Right. (A) BHCP shall have the option, in its sole discretion, to terminate the Program and this Agreement if, but only if, in BHCP's determination, certain thresholds of participation ("Reguired Participation Thresholds") in the Program are not met, as set forth in Paragraph (B) below (the "Walk Away Right").
Walk-Away Right. Purchaser shall have the right to terminate this Agreement at any time prior to the Closing immediately upon notice to Seller if Purchaser discovers as a result of the above inspection or otherwise that any one of the following material misrepresentations has occurred:
Walk-Away Right. 3M shall have the option, in its sole discretion, to terminate this Settlement Agreement and not proceed with the Settlement, without penalty, if any of the seventeen (17) parts of the “Required Participation Threshold” described in Paragraphs 9.1.1 through 9.1.18 is not met (the “Walk-Away Right”). After meeting and conferring, the parties have agreed that Exhibits E, F, and N represent a good-faith effort to list all Phase One and Phase Two Eligible Claimants; to state whether each Eligible Claimant has asserted any Claims against 3M in the Litigation; and to state the number of people served by each Eligible Claimant according to SDWIS (or to estimate that number where necessary). The parties may, however, by mutual agreement, correct such Exhibits, consistent with notification received pursuant to Paragraphs 5.2 and 8.2.2, before applying Paragraphs 9.1.1 through 9.1.18.
